A collection of the public general statutes ..

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COLLECTIO^

OP THE

PUBLIC GENERAL STATUTES

PASSED IN THE

THIRD AND FOURTH YEAR

OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA.

1840.

LONDON:
Printed by George E. Eyre and Andrew SpomswooDE,

PRINTERS TO TBE QUBBM'a MOST EXCELLENT HAJESTY:

And publtdied in Nambtn, Prict Sd, each,

Br Richards & Co., Law Booksellers and Fublisiibes,

194, Fleet Street.

LIBRm OF THE
LEIAND STAItFORO JR. UNIVERSITY,

JUL 9 190a

TABLE

OF

The PuBi^ic General. Statutes passed in the
Third Session of the Thirteenth Parliament
of the United Kingdom of Great Britain and
Ireland.

-" \

S & 4 ViCtORIA.

I. AN Act for exhibiting a Bill in this present Parliament
'^^ for naturalizing Iw Serene Highness Prince Albert of
Saxe Coburg and GiMa* page 3

II. An Act for the Naturalization of His Serene Highness
Prince Albert of Saxe Coburg and Gotheu 4

III. An Act for enabling Her Majesty to grant an Annuity
to His Serene Highness Prince Albert of Saxe Coburg and
GtHka. 4

lY. An Act to apply the Sum of Two Millions to the Service
of the Year One thousand eight hundred and for^. 6

V, An Act to repeal so much of an Act passed in the Thirteenth
Year of the Keign of His Majesty King George the Second,
intituled An Act to restrain and prevent the excessive Increase
cf Horse Baces ; and fir amending an Ad made in the hist
Session of Parliament, intitule ^ An Act fir the mare effectual
preventing of excessive and deceitfid Gaming,* as relates to the
Subject of Horse Racing. 6

YL An Act for punishing Mutiny and Desertion, and for the
better Payment of the Army and their Quarters. 8

YII. An Act to apply the Sum of Eight Millions out of the
Consolidated Fund to the Service of the Year One thousand
eight hundred and forty. 56

a 2 VIII. An

iv TABLE OF PUBLIC GENERAL STATUTES,

VIIL An Act for the Regulation of Her Majesty's Royal
Marine Forces while on shore. page 58

IX. An Act to give summary Protection to Persons employed
in the Publication of Parliamentary Papers. ?)9

X. An Act to authorize the Issue of Exchequer Bills for Public
Works and Fisheries and Employment of the Poor. 100

XI. An Act to settle an Annuity on Lord Seatan and the Two
next surviving Heirs Male of the Body of the said Lord
Seatan to whom the Title of Lord Seaton shall descend, in
consideration of his important Services. ' 107

XII. An Act for raising the Sum of Eleven Millions by
Exchequer Bills, for the Service of the Year One thousand
eight hundred and forty. 108

XIIL An Act to amend an Act of the First and Second Years
of the Reign of Her present Majesty, to abolish Com{x>8itions
for Tithes in Ireland^ and to substitute Rent-charges in lieu
thereof. 110

XIV. An Act to continue for One Year, and to the End of
the next Session of Parliament, the Acts for the Relief 6T
Insolvent Debtors in Ireland. 113

XV. An Act further to explain and . amend the Acts for the
Commutation of Tithes in Enghaid and Waks* 114

XVI. An Act to indemnify such Persons in the United
Kingdom as have omitted to qualify themselves for Offices
and Employments, and for extending the Time limited for
those Purposes respectively until the Twenty-fifth Day of

. March One thousand eight hundred and forty-one ; and for
the Relief of Clerks to Attornies and Solicitors in certain
Cases. 128

XVIL An Act for granting to Her Majesty Duties of Customs,
Excise, and Assessed Taxes. 135

XVIII. An Act to discontinue the Excise Survey on Tobacco,
and to provide other Regulations in lieu thereof. 141

XIX. An Act for granting to Her Majesty an additional Duty
of Customs on Timber. 148

XX. An Act to amend an Act passed in the First Year of the
Reign of His late Majesty King George the First, intituled
An Act for rendering more effectual Her laie Majesties gracious
Intentions for the Augmentation of the Maintenance of the Poor
Clergy ; and to render valid certain Agreements which have
been made in pursuance of the said Act; and for other
Purposes. 152

XXI. An Act to extend to the British Colonies in the West
Indies an Act passed in the Fifth and Sixth Year of His
late Majesty King William the Fourth, for regulating the
Carriage of Passengers in Merchant Vessels. 159

XXn. An

XXIL An. A^ to incase ypon Broad or Spread Glass the
rame Duties of Excise that ^re payable upon German Sheet
Glass. page 161

XXIII. An Act for granting to fter Majesty, until the Fifth
Day of Jufy One thousand eight hundred and forty-one,
cenain Duties on Sugar imported into the United Kingdom,
&r the Service of the Year One thousand eight hundred and
forty. 164

XXIY. An Act to repeal Part of an Act of tlie Forty-third
Year of the Reign of Queei Elizabeth^ intituled An Act to
avoid triflmg and fmohuM Suits in Law in Her Mtgeihft
CmarU in Westminster, and of an Act of the Twenty-second
and Twenty-third Year of the Reign of King Charks the
Second, intituled An Act for laying Impositions on Proceedings
ai Law ; and to make further Provisions in lieu thereof. 167

XXV. An Act to amend the Act for the better ordering of
Prisons. 169

XXVI. An Act to remove Doubts as to the Competency of
Persons, being rated Inhabtants of any Parish, to give.
Evidence in certain Cases. 170

XXVII. An Act to continue to the First Day of August One
thousand eight hundred and forty-three, and from thence to
the End of the then next Session of Parliament, Two Acts
relating to the Removal of poor Persons bom in Scotland
and Irdand^ and chargeable to Parishes in England 171

XXVIII. An Act to explt^in and amend an Act of the Second
and Third Years of Her present Majesty, for more equally
assessing and levying Watch Rates in certain Boroughs* 171

XXIX. An Act to extend the Practice of Vaccination. 173

XXX. An Act for the more equal Assessment of Police Rates
in Manchester^ Birmingham^ and BoUon^ and to make better
Provision for the PoUce in Birmingham^ for One Year, and
to the End of the tlien next Session of Parliament. 175

XXXI. An Act to extend tlie Powers and Provisions of the
several Acts relating to the Inclosure of Open and Arable
Fields in England and Wales. 178

XXXII. An Act to continue for One Year, and from thence
until the End of the then next Session of Parliament, the
several Acts relating to the Importation and keeping of Arms
and Gunpowder in Ireland* 180

XXXIII. An Act to make certain Provisions and Regulations
in respect to the Exercise, within England and Ireland^ of
their Office, by the Bishops and Clergy of the Protestant
Episcopal Church in Scotland; and also to extend such
Provisions and Regulations to the Bishops and CSergy of
the Protestant Episccgpid Church in the United Staties of
America; and also to make further Regulations in respect
to BLshops and Clergy other than those of the United Church
of England and Ireland. 1 81

a 3 XXXIV. An

vi TABLE OF PUBLIC GENERAt STATUTES,

XXXIV* An Act for making Provision as ta the Office of
Master in Chancery in certain Cases. ' page 184

XXXV. An Act to re-unite the Provinces of Upper and Lower
Ccawdoy and for the Government of Canada. 186

XXXVI. An Act for preventing Ships clearing out from a
British North Jmerican Port loading any Part of their Cargo
of Timber upon Deck. . 207

XXXVII. An Act to consolidate and amend the Laws for
punishing Mutiny and Desertion of Officers and Soldiers
in the Service of the East India Company, and for providing
for the Observance of Discipline in the Indian Navy, and to
amend the Laws for regulating the Payment of Regimental
Debts, and the Distribution of the Effects of Officers and
Soldiers dying in Service. 208

XXXVIII. An Act to continue Compositions for Assessed
Taxes imtil the Fifth Day of April One thousand eight
hundred and forty-two. 234

XXXIX. An Act to authorize Trustees or Commissioners of
Turnpike Roads to appoint Meetings for executing their
Trusts in certain Cases. 235

XI/. An Act to amend Two Acts of His late Majesty King
William tlie Fourth, for the Relief of certain of Her Majesty's
Colonies and Plantations in the West Ladies. 236

XLI. An Act to authorize the Commissioners of Her Majesty's
Treasury to grant a Lease of the Caledonian Canal for
a Term of Years, and to regulate the future Management
thereof. 242

XLII. An Act to continue the Poor Law Commission until
the Thirty-first Day of December One thousand eight hundred
and forty-one. 243

XLIIL An Act for repairing Blenheim Palace. 244

XLIV. An Act to amend an Act of the Seventh Year of King
George the Fourth, for consolidating and amending the Laws
relating to Prisons in Ireland. 256

XLV. An Act to continue until the First Day of Jvne One
thousand eight hundred and forty-two, or if Parliament
shall then be sitting until the End of the then Session of
Parliament, the Local Turnpike Acts for Great Britain which
expire with this or the ensuing Session of Parliament 259

XLVI. An Act to continue for One Year from the passing of
this Act, and thenceforth until the End of the then next
Session of Parliament, the several Acts for regulating the
Turnpike Roads in Ireland. 260

XLVIL An Act to repeal so much of an Act of the Ninth Year
of the Reign of Her late Majesty Queen Arme as prevents
the Re-election of Mayors of Parliamentary Boroughs and
other annual Returning OflScers. 260

4 XLVIIL An

^

3 & 4 VICTORIA. vii

XLVIIL An Act to enable Proprietors of EntaDed Estates

' in ScoOand to feu or lease on long Leases Portions of the

same for the building of Churches and Schools, and for

Dwelling Houses and Gardens for the Ministers and Masters

thereof* page 261

XLIX. An Act to consolidate and amend the Laws for col-
lecting, the Duties of Excise on Soap made in Great
Britain. 265

L. An Act to provide for keeping the Peace on Canals and
Navigable Rivers* 293

LI. An Act to amend and explain the general Turnpike Acts,
so &r as relates to the Toll payable on Carriages or Horses
laden with Lime for the Improvement of Land* 300

LIL An Act to provide for the Administration of the Govern-
ment in case the Crown should descend to any Issue of
Her Majesty whilst such Issue shall be under the Age of
Eighteen Years, and for the Care and Guardianship of such
Issue. 301

LUX. An Act for vacating any Presentment for rebuilding the
Gaol of Newgate in Dublin^ and vacating any Contract
between the Commissioners for rebuilding the said Gaol and
the Contractor. 304

LIV. An Act for making further Provision for the Confine-
ment and Maintenance of Insane Prisoners. 306

LV. An Act to enable the Owners of Settled Estates to defray
the Expence of draining the same by way of Mortgage. 310

LVI. An Act further to regulate the Trade of Ships built and
trading within the Limits of the East India Company's
Charter. 313

LVIL An Act to impose Duties of Excise on Sugar manu-
&ctured in the United Kingdom. 318

LVIII. An Act to amend the Acts relating to the River Poddk
in the Comity and City of Dublin. 319

LIX. An Act for the Amendment of the Law of Evidence in
Scotland. 323

LX. An Act to further amend the Church Building Acts. 329

LXI. An Act to amend the Acts relating to the general Sale
of Beer and Cider by Retail in England. 338

LXII. An Act to continue until the Thirty-first Day. of De*
• eember One thousand eight hundred and forty-one, and to
the End of the then next Session of Parliament, and to
extend, the Provisions of an Act to provide for the Admi-
nistration of Justice in New South Wales and Van DiemerCs
Land, and for the more efiectual Government thereof, and
for. other Purposes relating thereto. 346

LXIIL An Act to extend the Powers of the Commissioners
appointed for the Execution of Two Acts for supporting the
several Harbours and Sea Forts in the Jsle of Man. 348

LXIV. An

yiii TABLE OF PUBLIC GENERAL STATUTES^

LXIV. An Act tooontinue^ until Eight Months aft^r theCoiD«»
mencement of the next Ses8i<m of Parliament^ an Act for
authorizing Her Majesty to carry into immediate Execution,
by Orders in CouncO, any Treaties for the Suppreasion of
the Slave Trade. page 350

LXV. An Act to improve the Practice and extend the Joris^
diction of the High Court of Admiralty oi England. 351

LXVL An Act to make Provision for the Judge, Registrar,
and Marshal of the High Court of Admiralty of Engbrnd. 357

LXVIL An Act for carrying into effect the Treaty between
Her Majesty and the Republic of Venezuela^ for the Suppres-
sion of the Slave Trade. 363

LXVIII. An Act to enable Her Majes^ in Council to authorize
Ships and Vessels belonging to Countries having Treaties of
Reciprocity with the United Kingdom to be piloted, in
certain Cases, without having a licensed Pilot on board ; and
also to regulate the Mode in which Pilot Boats shall be
painted and distinguished. 374

LXIX. An Act to continue, for Six Months after the Com-
mencement of the next Session of Parliament, an Act of the
last Session of Parliament, for carrying into effect a Con-
vention between Her Majesty and the King of the French^
relative to the Fisheries on the Coasts of the British Islands
and of France. 376

LXX. An Act to defray the Charge of the Pay, Gothing, and
contingent and other Expences of the Disembodied Militia
in Great Britain and Ireland; and to grant Allowances in
certain Cases to Subaltern Officers, Adjutants, Paymasters,
Quartermasters, Surgeons, Assistant Surgeons, Surgeons
Mates, and Serjeant Majors of the Militia, until the First
Day o{July One thousand eight hundred and forty-one. 376

LXXL An Act to suspend until the End of the next Session
of Parliament the making of Lists and the Ballots and Enrol-
ments for tlie Militia of the United Kingdom. 397

LXXIL An Act to provide for the Solemnization of Marriages
in the Districts in or near which the Parties reside. 398

LXXin. An Act to explain and amend the Acts relating to
Friendly Societies. 401

LXXIV. An Act for the better Protection of the Oyster Fish-
eries in Scotland. 403

LXXV. An Act to regulate the Repayment of certain Sums
advanced by the Governor and Company of the Bank of
Ireland for the Public Service. 404

LXXVL An Act to empower the Lord Lieutenant of Ireland to
annex certain To wnlands to the County of Itoscojnman. * 410

LXXVIL An Act for improving the Condition and extending
the Benefits of Grammar Schools. 413

3 & 4 VICTORIA. ix

LXXVIII. An Act to provide for the Sale of the .Qei^
Reserves in the Province of Canada^ and for the Distribution
of the Proceeds thereof. page 421

LXXIX. An Act to amend the Law relating to the Adiaission
of Attornies and Solicitors to practise in the Courts of Law
and Equity in Ireland. 425

LXXX. An Act to continue until the First Day of March
One thousand eight hundred and forty-five^ and from thence
to the |£nd of the then next Session of Parliament, the
several Acts relating to Insolvent Debtors in Indicu 426

LXXXI. An Act to define the Notices of Elections of Mem-
bers to serve in Parliament for Cities, Towns, and Boroughs
in England. 427

LXXXII. An Act for further amending the Act for abolishing
Arrest on Mesne Process in Civil Actions. 427

LXXXIII. An Act to continue, until the First Day oi January
One thousand eight hundred and forty-three, an Act of the
last Session of Parliament, for amencUng and extending the
Provisions of an Act of the First Year of Her present Ma-
jesty, for exempting certain Bills of Exchange and Promis-
soryj Notes from the Operation of the Laws relating to
Usury. 429

LXXXIV. An Act for better defining the Powers of Justices
within the Metropolitan Police District. 430

LXXXV. An Act for the Regulation of Chimney Sweepers
and Chimneys. 435

LXXXVI. An Act for better enforcing Church Discipline. 439

LXXXVII. An Act to enable Her Majesty's Commissioners
of Woods, Forests, Land Revenues, Works, and Buildings to
make additional Thoroughfares in the Metropolis. 447

LXXXYIII. An Act to amend the Act for the Establish-
ment of County and District Constables. 512

LXXXIX. An Act to exempt, until the Thirty-first Day of
December One thousand eight hundred and forty-one, Inha- >
bitants of Parishes, Townships, and Villages from Liability
to be rated as such, in respect of Stock in Trade or other
Property, to tlie Relief of the Poor. 526

XC. An Act for the Care and Education of Infimts who may
be convicted of Felony. 527

XCI. An Act for the more efiectual Prevention of Frauds and
Abuses committed by Weavers, Sewers, and other Persons
employed in the Linen, Hempen, Union, Cotton, Silk, and
Woollen Manufactures in Irelmd, and for the better Payment
of their Wages, for One Year, and from thence to the End
of the then next Session of Parliament. 529

XCIL An Act for enabling Courts of Justice to admit Non-
parochial Registers as Evidence of Births or Baptisms, Deaths
or Burials, and Marriages. 542

XCIir. An

TABLE OF PUBLIC GENERAL STATUTES,

XCIIL An Act to amend the Act for the better Regulation of
Ecclesiastical Courts in England. page 548

XCIV. An Act for facilitating the Administration of Justice
in the Court of Chancery. 550

XCV. An Act to enable Her Majesty to carry into effect certain
Stipulations contained in a Treaty of Commerce and Navi-
gation between Her Majesty and the Emperor of Austria ;
and to empower Her Majesty to declare, by Order in Council,
that Ports which are the most natural and convenient Ship-
ping Ports of States within whose Dominions they are not
situated may in certain Caaes be considered, for all Purposes
of Trade with Her Majesty's Dominions, as the National
Ports of such States. 553

XCVL An Act for the Regulation of the Duties of Postage. 555

XCVII. An Act for regulating Railways. 588

XCVHL An Act to authorize, for a limited Time, the Appli*
cation of a Portion of the Highway Rates to Turnpike Roads
in certain Townships and Districts. 594

XCIX.. An Act for taking an Account of the Population of
Great BrUaiiL 595

C. An Act for taking an Account of the Population of Ire-
land. 605

CI. An Act to amend several Acts relating to the Temporalities
of the Church in Ireland. 608

Cn. An Act to amend the Law relating to Court Houses in
Ireland. 615

CHL An Act to amend an Act of the last Session for making
further Provisions relating to the Police in the Dbtrict of
DMin Metropolis. 618

CIV. An Act to transfer to the Commissioners of Her Ma-
jesty's Woods and Works, and other Commissioners, the
several Powers now vested in the Commissioners for repairing
the Line of Road (torn. Slurewdury in the County of Salop to
Bangor Ferry in the County of Carnarvon ; and to amend
the London and Holyhead Roads Acts so far as relates to
the Dunstable Road. 620

CV. An Act for abolishing Arrest on Mesne Process in Civil
Actions, except in certain Cases ; for extending the Reme-
dies of Creditors against the Property of Debtors ; and for
the further Amendment of the Law and the better Advance-
ment of Justice in Ireland. 629

CVL An Act for raising the Sum of Ten millions seven hun-
dred fifty-one thousand five hundred and fifty Pounds by
Exchequer Bills, for the Service of the Year One thousand
eight hundred and forty. 659

CVIL An Act to continue and amend the Laws for the Relief
of Insolvent Debtors in Ireland. 661

CVIIL An

3 & 4 VICTORIA. xi

CVIII. An Act for the Regulation of Municipal Corporations
in IrdaniL page 714

CIX. An Act to annex certain Parts of certain Counties of
Cities to adjoining Counties ; to make further Provision for
Compensation of Officers in Boroughs; to limit the Borough
Rate ; and to continue for a limited Time an Act to restrain
the Alienation of Corporate Property in IrelcauL 857

ex. An Act to amend the Laws relating to Loan Societies. 868

CXL An Act to continue until the Thirty-first Day of Auffust
One thousand eight hundred and forty-two, and to extend,
the Provisions of an Act of the First and* Second Years of
Her present Majes^, relating to legal Proceedings by certain
Joint Stock Banking Companies against their own Members,
and by such Members against the Companies. 881

CXIL An Act to apply a Sum out of the Consolidated Fund
to the Service of uke Year One thousand eight hundred and
forty, and to appropriate the Supplies granted in this Session
of Parliament. 882

CXIU. An Act to carry into effect, with certain Modifications,
the Fourth Report of the Commissioners of Ecclesiastical
Duties and Revenues. 907

THE

PUSI4IC GENERAL STATUTES

3 Victoria.

CAR I.

An Act for exhibiting a Bill in this present Parliament
for naturalizing His Serene Highness Prince Albert
of 8€u^e Coburg and Ootha. [S4th January 1840.]

* YIL^HEREAS it hath pleased Her Majesty most graciously
f ^^ to declare Her Intention to ally Herself in Marriage

* with the Prince Albert of Saxe Cdburg and Gotiia : And whereas
f a more grateful Proof of the Esteem and Affection of this

* Kingdom pannot be given to His Serene Highness than by
^ an Aet of Naturalisation to make him capable of enjoying
f those Rights and Liberties which are enjoyed in this Realm :

< And whereas by an Act made in the Seventh Year of the 7 Jtc. 1. e. 2.

* Reign of King Jamet the First every Person is required to
^ receive the Sacrament of the Lord's Supper within One

* Month before any Bill for Naturaliaation be exhibited, and

< also to take the Oaths of Supremacy and Allegiance in the
^ Parliament House before his or her Bill be twice read : And

* whereas by an Act passed in the First Year of the Reign 1 g.i. 8tst.
^ of King Oearye the First it was enacted, that no Person shall ^ ^

' be naturalized unless in the Bill exhibited for that Purpose a

* proper Clause or particular Words be inserted to declare that
^ saen Person shall not thereby be enabled to be of the Privy
' Council or a Member of either House of Parliament, or to
*' take any Offoe or Place of Trust either Civil or Military,
' or to have any Grant of Lands, Tenements, or Hereditaments
^ from the Crown^ to himself or any Person in Trust for him,
' and that no Bill should thenceforth be received in either
^ House of Parliament unless such Clause or Words be first

* inserted or contained therein : And whereas by an Act passed

* in the Sixth Year of the Reign of King George the Fourth, 6G;4. c. 67.

* aflar reciupg the s^id Act of the Seventh of King James the

* First, it W0S enacted, that from and after the passing of the

* Act it should not thenceforth be necessary for any Person
^ who is to be naturalized to receive the Sacrament of the

* Lord's Supper as directed by the said recited Act:' Be it
enacted by the Queen's most Excellent Maijesty, by and with
the A4vice and Consent of the Lords ^iritual and Temporal,
and Commons, in this ptesaal Parliament assembled, and by
» {V0. \. Price 2A] A 2 die

4 Cap. 1, 2, 3. Prince Alberts Naturalization and Annuity. 3 Vict.

A Bill fbr the Authority of the same, That a Bill for the Naturalization
Naturalhatjo^ of His Serene Highness the Prince Albert of Saxe Coburg and
may he exhi- Gotho^ without the Clause or particular Words directed by the
bited without said recited Act of the First Year of the Reign of King George
tionS^iTthi^ the First to be inserted, and without His taking the Oaths by
recited Act of the first-recited Act required, shall and may be exhibited and
1 G. i.»&c. brought into this Parliament, and twice read; the said recited

Acts, or any other Law, Statute, Matter, or Thing whatsoever,

to the contrary notwithstanding.

CAP. IL

An Act for the Naturalization of His Serene Highness
Prince Albert of Saxe Coburg and Gothcu

I7th February IS40.2

* Y^HEREAS it hath pleased Her Majesty most graciously

* to declare Her Intention to ally Herself in Marriage

* with the Prince Albert of Saxe Coburg and Gotha: And

* whereas a more grateful Proof of the Esteem and Affection
' of the Kingdom cannot be given to His Serene Highness
^ than by an Act of Naturalization to make Him capable of
' enjoying the Rights and Liberties which are enjoyed in this
^ Realm :* We Your Majesty's most dutiful and loyal Subjects
do most huiAbly beseech Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal* and Commons, in this present Parliament assembled^

Prinoe Albert, and by the Authority of the same, That Prince Albert of Saxe
yfth!*^''?!**'* Coburg and Gotha^ when and so soon as He shall have taken
legiance and ^^ Oaths of Allegiance and Supremacy before the Lord High
Supremacy, to Chancellor, which Oaths the Lord High Chancellor is hereby
^ ^t^hfrtl authorized to administer, shall be to all Intents and Purposes
Sutdecu whatsoever deemed, taken, and esteemed to be a natural-bom

Subject of this Kingdom, as if His Highness had been born

within this Realm; any Law, Statute, Matter, or Thing to the

contrary notwithstanding.
Certifieata IL And be it enacted, That the Lord High Chancellor shall,

thereof to be immediately after such Oaths shall have been taken before him,
^^•^ "* certify the same, and cause such Certificate to be 'recorded in

the High Court of Chancery.

CAP. IIL

An Act for enabling Her Majesty to grant an Annuity
to His Serene Hie^hness Prince Albert of Sase
Coburg and Gotha. [7th February 1840.]

^ Most Gracious Sovereign,

< Vl/'E, Your Majesty'g most dutiiiil and loyal Subjects, the

< Commons of the United Kingdom of Great Britain and
^ Irdand^ having taken into Consideration that Part of Your

^ Mqes^a

1840. Prince AOerfs Anmdfy. Cap. 3. 5

* Majesty's most gracious Speech from the Throne, in which
' Your Majesty was pleased to announce Your Intention of
' allying Yourself in Marriage with His Serene Highness the

* Prince jllbert of Saze Coburg and Gothoy do most humbly

* and cheerfully beseech Your Majesty tliat it may be enacted ; '
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the same. That it shaU be lawful for Her Majesty
the Queen's most Excellent Majesty, in order to provide for empowered
the Establishment of His Serene Highness the Prince AlbeH ^^!^j^l^
of Saxe Coburg and Gothoy upon such Marriage, by any Letters so,ooo/. to
Patent under the Great Seal of the United Kingdom, to give ^"** ^"
and grant to His said Serene Highness, or to such other ^^ ootha. *"'
Person or Persons as Her said Majesty shall think fit to be
named . in such Letters Patent, and his and their Heirs, to or
to the Use of or in Trust for His said Serene Highness, One
Annuity of Thirty thousand Pounds of lawful Money of Great
Britain; which Annuity of Thirty thousand Pounds shall
commence and take effect from the Day of the Marriage of
Her Majesty and His said Serene Highness, and continue from
thenceforth for and during the Life of His said Serene High-
ness ; and the said Annuity shall be free and clear from all
Taxes, Rates, and Assessments, and all other Charges what-
soever, and shall be paid and payable at the Four most usual
Days of Payment in the Year; diat is to say, the Fifth Day
of January y the Fifth Day oi Aprilj the Fifth Day of July y and
the Tenth Day of October^ in every Year, by even and equal
Portions ; with a proportionable Part of such Annuity from the
last Quarter Day to the Day of the Decease of His said Serene
Highness ; the first Payment thereof to be made, on the first
quarterly Day of Payment next after the saicf Marriage, of
such Proportion of such quarterly Payment as shall have
accrued between the Day of Marriage and such Quarter Day ;
and that the said Annuity of Thirty thousand Pounds shall
and may by such Letters Patent be directed to be issuing and
payable out of the Consolidated Fund of the United Kingdom
of Great Britain and Ireland during the Life of His said
Serene Highness, after paying or reserving sufficient to pay
all «uch Sums as shall have been directed to be paid out of the
same by any Act or Acts of Parliament made previous to the
Time of passing this Act, but with a Preference to all other
Payments which shall or may at any Time after the passing of
this Act be charged upon and payable out of the said Fund.

IL And be it enacted. That His said Serene Highness shall Prince Albert
not, by virtue of such Marriage, acquire or become entitled to .^y Estate^or*
any Estate or Interest in any Property, Real or Personal, to interest in any
which Her Majesty may be or may become entitled to in Property to
any Right or Manner whatsoever ; but that all such Property J^^^^y U
shall be held and enjoyed by Her said Majesty, Her Heirs and cnutied.
Suooessorsy as if such Marriage had never taken place.

A 3

I

• Cap. 4. 5, Ttansfer of Aids. 3 Victi

CAP. IV.

An Act to apply the Sum of Two Millions to the
Service of the Year One thousand eight hundred
and forty. [24th Pebruary 1840.]

^ Most Gracious Sovereign^
< ^\/^Ej Your Majesty's most dutiful and loyal Subjects, the

* ^ ^ Commons of the United Kingdom of Oteat Britain and
^ Irelgnd^ in Parliament assembled, towards making good the

* Supply which we have cheerfully granted lo Your Majesty
' in this Session of Parliament, have resolved to grdnt unto

* Your Majesty the Sutfi herein-after mentioned;^ and dothei^e*
fore most humbly beseech Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled^

There shall be and by the Authority of the same. That there shall and Inay
Srv'ce'ofthe* ^® issued and applied, for or towards making good the Siipply
Year 1840, granted to Her Majesty for the Service of the Year One thou-
the Sum of sand eight hundred and forty, the Sum of Two Millions, a Part
2,000,000/. now ^f ^j^g gy^ ^q^- remaining in the Exchequer of the Uilited

irSe^uer. Kingdom of Great Britain and Ireland, or remaining to be raised

on the Twenty-seventh Day of January One thousand eight
hundred and forty, to complete the Aids granted by iParliament
for the Service of the Year One thousand eight hundred ahd
thirty-nine and of antecedent Years ; and the Commissioners
of Her Majesty's Treasury of the United Kingdom of Great
Britain and Ireland now or for the Time being, or any Three
or more of them, or the Lord High Treasurer of the United
Kingdom of Great Britain and Ireland for the Time being, are
or is hereby authorized and empowered to issue and apply the
same accordingly.

CAP. V.

An Act to repeal so much of an Act passed in the
Thirteenth Year of the Reign of His M^esty King
George the Second, intituled An Act to restrain
and prevent the excessive Increase qf Horse Races ;
and for amending an Act made in the last Session
of Parliamenty intituled * An Actjor the more efe&tual
* preventing of excessive and deceitful Gaming,* as
relates to the Subject of Horse Racing.

^^^(^^^ac^r^^y /^ [23d ifarcA 1840.]

« \1 7 HERE AS an Act was passed in the Thirteenth Year
' * ^ of the Reign of His Majesty King George the Second,
#0. 2. c. 19. * intituled An Act to restrain and prevefd the exetssive Increase ^f
y?^/ ^.-rtivy ^«i/!^ Horse Races; and for amending an Act made in tiie last Sessi&n
J^^r^/ /^y/A * of Parliament, intituled * An Act fertile nwre effktual prevenHf^ ,

^

1840. Hone Bacififf Att h pari BqpeaL C^6« 7

*' ifetttsiive and diceit^ Giknkt^i' Altd whereas Doubts hive
' ariseli as to the Mtitoing of cettaiti Clauses in the said Act
* relating to the Subject of Horse Racing: And whel*ettS

< several Persons, not intending to offend against the Pro-

< visions of the said Act, hav^ b^en subjected to vexatious

< proceedings at l4,w, and it is etpedi^nt to repeal so much
<^ of die said Act Us relates to the Sutgect of tlorse Racing :^
Be it enacted by the Queen^s most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons^ in this present PatliftiAetit asfeembled,

and by the Authority of th^ same^ That so mu<ib of. the said So much of
Act Inade and nassed in the Thirteenth Year of the Reign of J^Jl^to nlSJse
His said late Mi^esty King Oemye the Second as relates to n»dng re- ^"^
the Subjeet df Horse Racing be and the same it hereby pealed.
repealed.

IL And be it enacted, That imniediately after the passing of Penons sued
this Aet it shall be lawful fbr any Person against whom «uiy ^J^l*^
original Writ, Writ of Summons, Suit, Action, Bill, Plaint, or Act may apply
In&rmation shall hAVe been sued out, commenced, 6r proeec«ted •• the Onut
on or before the Day of the passing of this A^t, for the Reco- sdThl^"^
vefy of any Forfeiture ot petunlAry Penalty incurred under the for au Order to
taid Act made and passed in the Thirteenth Year of Hb sfttid diacontinue it ;
1^ Majesty King^«j^ Ae S^d, to apply to Ae Courtiji S^^^rSTy
much such original Writ, Wnt of Summons, Smt) Action, BiU) make such
Plaint, or Information shall have been sued oat, commenced^ Ord«r-
Of prosecuted, if sudi Court shall be sitting, of if iuch Court
shidl not be sitting to any Judge of feith^r of the Superiof
Courts at We9hHin$iery for &n Oraer that sueh original Writ^
Wfit of Summonsi Suit, Action, Bill, Plaint^ or uiformatfon
shall be discontinued) upon Payment of the Colts ther^f out of
Pocket incurred to the Time of such Application being made,
such Costs to be taxed according to the Praeticd of such
Court i and every such Court or Judge, tis the Case may be,
is hereby authorised and required, upon sueh Application^ and
Ptbof that sufflcient Notice has been giren to the PlaintiiF or
lnf(n>m4r, or to his Attorney^ of the Applicatioli, to mftke sueh
Order ad aibresaidi mA upon the making such Order^ and
Psym(tot or Tendei* of such Costs as afbresaid, such Writ, Suit,
Action^ Bill, Pkin^ ot Information shall be forthwith discon*
tinned t ^otided always, that in nil Cftses in which any sueh Aa to Actions
Writi Suit, Action, Bill, Plaint, or Information shall have been ^STr^^roh
sued out or commenced subsequently to the First Day of Mardi ^g^.
One thousand eight hundred and forty, it shall be lawful fbr
loch Court or Judge ius aforesaid to make such Order for
diiCotitinuilig the sume, without Payment of any Costs i ftnd in
eteiy Mdh Ca^ on the making of such Order, sueh Writ, Suit,
Aiiliotl, Bill, Plaint, ot Information shall be forthwith diseon-^
tinned t Provided always, that nothing herein eontainnd fthall be Not to cmUc
denied or taketl to ennble any Person to reeorer back any ^•~'"'|*®.
Mone^ pAid before the passing of this Act, in pursuance of ][|^^ ^^^
any jfudgment duly bbtained under the Provisions of the said
Ittit^reeited Act.

A 4 III. And

8

Act may be
amended, drew

CSap, 5, 6.

Mutiny.

3 Vict.

Number of the
Foreci.

III. And be it enacted, That this Act may be amended or
repealed by any Act to be passed in the present Session of
Parliament.

CAP. VL

An Act for punishing Mutiny and Desertion, and for
the better Payment of the Army and their Quarters*

[3d April 184^0.]

Y^HEREAS the raising or keeping a standing Army within
^ ihe United Kingdom of Great Britain and Ireland^ in
Time of Peace, unless it be with the Consent of Parliament^
is against Law: And whereas it is adjudged necessary by
Her Majesty, and this present Parliament, that a Body of
Forces should be continued, for the Safety of the United
Kingdom, the Defence of the Possessions of Her Majesty's
Crown, and the Preservation of the Balance of Power in
Europe, and that the whole Number of such Forces should
consist of Ninety-three thousand four hundred and seventy*
one Men, exclusive of the Officers and Men belonging to
the Regiments employed in the Territorial Possessions of the
Eatt India Company, but including the Officers and Men of
the Troops and Companies recruiting for those Regiments:
And whereas no Man can be forejudged of Life or Limb, or
subjected in Time of Peace to any Kind of Punishment within
this Realm, by Martial Law, or in any other Manner than
by Judgment of his Peers and according to the known. and
established Laws of this Realm ; yet nevertheless, it being
requisite, for the retaining all the before-mentioned Forces in
their Duty, that an exact Discipline be observed, and that
Soldiers who shall mutiny or stir up Sedition, or shall desert
Her Majesty's Service, be brought to a more exemplary
and speedy Punishment than the usual Forms of the Law will
allow ;' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Par*
Crimetpunuh- liament assembled, and by the Authority of the same. That
able by Dwth. j£ ^^y p^rg^n who is or shall be commissioned or in Pay as an

Officer, or who is or -shall be listed or in Pay as a Non-com-
missioned Officer or Soldier, shall, at any Time during the
Continuance of this Act, besin, excite, cause, or join in any
Mutiny or Sedition in Her Majesty's Land or Marine Forces,
or shall not use bis utmost Endeavours to suppress the sami^
or coming to the Knowledge of any Mutiny or intended Mutiny
ahal Inot, without Delay, give Information thereof to his Com*
manding Officer; or shall misbehave himself before the Enemy ;
or shall shamefully abandon or deliver up any Garrison, For-
tress, Post, or Guard committed to his Charge, or which he shall
be commanded to defend; or shall compel the Governor or
Commanding Officer of any Garrison, Fortress, or Post to
deliver up to the Enemy or to abandon the same; or shall
speak Words or use any other Means to induce such Governor

or

1

1840. Mutiny. Cap. 6. 9

or Commanding OflBcer, or others^ to misbehave before the
Enemy, or shamefully to abandon or deliver up any Garrison,
Fortress, Post, or Guard committed to their respective Charge,
or which he or they shall be commanded to defend ; or shall
leave his Post before relieved, or shall be found sleeping on his
Post; or shall hold Correspondence with or give Advice or
Intelligence to any Rebel or Enemy of Her Mfgesty, either by
Letters, Messages, Signs, or Tokens, in any Manner or Way
whatsoever; or shall treat or enter into any Terms with such
Rebel or Enemy without Her Majesty's Licence, or Licence
of the General or Chief Commander ; or shall strike or shall
use or offer any Violence against his Superior Officer, being in
the Execution of his Office, or shall disobey any lawful Command
of his Superior Officer; or sbfetU desert Her Majesty's Service;
all and every. Person and Persons so offending in any of the
Matters^before mentioned, whether such Ofience shall be com*
mitted within this Realm, or in any other of Her Majesty's
Dominions, or in Foreign Parts, upon I^and or upon the Sea,
shall suiFer Death or such • other Punishment as by a Court-
martial shall be awarded..

IL And be it enacted. That nothing in this Act contained The ordiuuy
*hall be construed to exempt any Officer or Soldier from being ^^^-^^
proceeded against by the ordinary Course of Law; and any feredwitb.
Commanding Officer who shall neglect or refuse, when Appli-
cation is made to him for that Purpose, to deliver over to the
Civil Magistrate any Officer or Soldier accused of any Capital
Crime, or of any Violence or Offence against the Person,
Estate^ or Properly of any of Her Majesty's Subjects, which is
punishable by the known Laws of the Land, or shall wilfully
neglect or refuse to assist the Officers of Justice in apprehending
such Offender, shall, upon Conviction thereof in any Prosecu-
tion in any of Her Majesty's Courts at WeUminsUTi Dublin^ or
Edinburgh^ be deemed to be ipso facto cashiered, and shall be
utterly disabled to have or hold any Civil or Military Office
or Employment within the United Kingdom of Great Britain
and Ireiaadj or in Her Majesty's Service^ and a Certificate
thereof shall be transmitted to the Judge Advocate in London;
provided that no Person, being acquitted or convicted of any
Capital Crime, Violence, or Offence by the Civil Magistrate, or
by the Verdict-of a Jury, shall be liable to be punished by a
Ck>urt*martial for the same otherwise than by cashiering.

HI. And be it enacted. That no Person whatever enlisted Soidien not to
into Her Majesty's Service as a Soldier shall be liable to be ^ **^f" ^^
arrested or taken therefrom, by reason of the Warrant of any vioefop Debu
Justice or other Process, for not supporting, or for leaving under so2.
chargeable on any Parish, Township, or Union, any Wife or
any Child or Children, or (except in the Case of an Appren-
tice) on account of any Breach of Contract or Engagement to
serve or work for any Employer ; and no Person enlisted as 9l
Soldier, or serving as a Non-commissioned Officer or Drummer
on the permanent Staff of the disembodied Militia, shall be
liajble ta be taken out of Her Majesty's Service by any Pro-
cess

10

Cap. 6.

MtOtny.

8 Vict.

The Queen
may make
Articles of
War in con-
formity with
this Act.

Constitution
of Courts-
martiaL

cess or Execution whatsoever, other than for some Orimihal
Matter, unless an AlBda\rit shall be made by the PlaintliF or
some one on his Behalf, for which no Fee shall be taken,
before some Judge of the Court out of which such Process or
Execution shall issue, 6t before some Person authotized to take
' Affidavits in such Courts, of which Affidavit a Memoraiiduili
shall, without Fee, be indorsed upon tlie Back of such Pro-
cess, that the original Debt for which the Action has been
brought or Execution sued out amounts to the Value of Thirty
Pounds at least, over and above all Costs of Suit in the Action
or Actions on which the same shall be grounded; and any
Judge of such Court may examine into any Complaints made
by a Soldier, or by his Superior Officer, and by Warrant under
his Hand discharge such Soldier witliout Fee» he being shown
to be duly enlisted, and to have been arrested contrary to the
Intent of this Aet, and shall award reasonable Costs to such
Complainant, who shall have for the Recovery thereof the like
Remedy as would have beeti applicable to tlie Recovety of any
Costs which might have been awarded against the Complain*
ant in any Judgment or Execution as aforesaid ; provided that
tmy Plaintiff, upon Notice of the Cause of Action first given
hi Writing to any Soldier, or left at his last Quarters of
Place of Residence before such Listing, may file a Common
Appeanince in any Action to be brought for or upon account
of^ any Debt whatsoever, and proceed therein to Judgment
and Outlawry, and have Execution other than against the
Body.

IV. And be it enacted. That it shall be lawful for Her
Majesty to make Articles of War for the better Government
of Her Majesty's Forces, which Articles shall be judicially
taken notice of by all Judges and in all Courts whatsoever;
^nd Copies of the sanie, printed by the Queen's Printer, shall,
ks soon as conveniently may be after the same shall have been
made and established by Her Majesty, be transmitted by Her
Majest/s Secretary at War, signed with his own Hand and
Name, to the Judges of Her Majesty's Superior Courts at We8t*>
trtintiery DuMttij and Edinburgh respectively, and also to the
Governors of Her Majesty's Dominions abroad ; provided that
no Person within the United Kingdom of Great Britain and
Ireland^ or the British Isles, shall by such Articles of War be
subject to be transported as a Felon, or to suffer any Punish-
ment extending to Life or Limb, except for Crimes which are
by this Act expressly made liable to such Transportation or to
such Punishment as afoi'esaid, or shall be subject, with refers-
ence to any Crimes made punishable by this Act, to be punished
in any Manner which shall not accord with the Provisiotis (rf*
this Act

V. And be it enacted, That Her Mi^jesty may from Time to
Time grant a Commission, undef the Royal Sign Manual, for
the holding of General Courts-martial within the United Kin^
dom of Great Britain and Ireland^ in like Manner as has been
heretofore used ; and that for bringing Ofihiders agdinst the

Articles

1840. JftHii^. Cap. 6. ll

Articles of Vfkt to Justice it shall be lawAil for Her Miuesty to
erect and constitute Court»-martial within the United Kitigdonl
of Chmi BribiiH and Irebndi as well as to grant Her noyhX
Commissions or Warrants to the Chief Governor or Gov^rnofs
of Ir^andj ^e Cotnmattder of the Forces, or the t^efsoh or Per-
sotis commanding iii chief or commanding; for the Time being
any Body of Her Majesty's Forces, as well within the United
Kingdom of Oreat Britain ahd Iirdandy and the BritiA Isles, as
In any of Her Majesty's GaU-isons and Dominions or elsewhere
beyond the Seas, for contening as well as for authorising any
CMBcer under their respective Command, not below the Degrte
of a Field Officei", to convene, Courts-martial, as Occasion may
require, for the Trial of Oflences committed by any of the
Forbes under their several Command, whethet the same shall
have been committed before or after such Officer shall hkve
taken upon himself su(ih Command i and any Person subject to
this Aci who shall In any Of Her Majesty's Dominions or elke^
where commit any of the Oifonces fof which he may be liable to
be tried bv CoUrts-martial by virtue of this Act, may be tried
and punished for the same in any Part of Her Majesty's Do*
mihions where he may have come after the Commission of the
Ofience, ^ if the Offence had been committed where sUch
Trial shall take place.

VI. And t>e It enacted, That a Gfeneral Court-martial cbn"- Compontioii
vened in atay Part of the Queen's Dominions, {Bemitubi, the jf Gcneni
Bakatnasy Saini Hekna, Afiita, and the AtutraHan Colonies ex^ Courts-martui.
cepted,) or in the Settlements of the Eagt India Company,

shall consist of not less thatl Thirteen Commissioned Officers ;
if convened in Bermuda or the Bahamas^ or oUt of the Queen's
DominiOtis, excepting Saint Heknai AfHta^ and the Audralian
Colonies, shall consist of not less than Seven, and in Saint
Bdnna^ AfHca, and the AudmHan Colonies, of not less than Five
Commissioned Officer's ; and no Judgment of Death shall pass
without the Concurrence of Two Thirds at the least of the
Officers present ; and the President shall in no Case be tim
Officer commanding in chief or Govemoi' of the Gai'risoti where
die Offender shall be ti^i^ nor under the Degree of a Field
Officer unless Where a Field Officer cannot b^ had) Uor ih any
Case whatsoever under the Degree of a Captain.

VII. And be it ehacted. That a General Court-tuartial may Powers of
sentence any Soldier to Imprisonment, with or without hard GenewlCourta.
Labour, in any public Prison, or other Place which the Court ™*^'"*-

or the Otecer commanding the Regiment or Corps to which the
Offi?nder belongs or is attached shall appoint, and may also
direct that such Offender shall be kept in solitary Confinement
for any Pordon or Portions of such Imprisonment, not exceeding
One Month at a Time, or Hiree Months at diflerent Tlknes
with Intervals of hot less thaU One Month between such Titnes
fat One Year, or of such Imprisoument With hard Labour, oi"
may sentence fthy Soldier to Corporal Punishment, not extend-
ing tO'Life or Limb, fof Immorality, Misbehaviouf , and Neglect
of Duty ; and a General CoulTt-niartial may, in addition to ttny

such

19 Cap. 6. Mutiny. 3 Vict.

such Punishment as aforesaid, sentence any Offender to Foifei*
ture of all Advantage as to additional Pay, and Pension on
Discharge; and whensoever any General Court-martial by
which any Soldier shall have been tried and convicted of any
Offence punishable with Death shall not think the Offence
deserving of Capital Punishment, such Court-martial may^
instead of awarding a Corporal Punishment or Imprisonment,
adjudge the Offender, according to the Degree of the 0£Rence^
to be transported as a Felon for Life or for a certain Term
of Years, or may sentence him to general Service as a Soldier
in any Corps and in any Country or Place which Her Majesty
shall thereupon direct, or may, if such Offender shall have
enlisted for a limited Term of Years, sentence him to serve for
Life as a Soldier in any Corps which Her Majesty shall please
to direct ; and the Court may, in addition to any other Punish-
ment, sentence such Offender to forfeit all Advantage as to
Increase of Pay, or as to Pension on Discharge, which might
otherwise have accrued to such Offender ; provided that in all
Cases where a Capital Punishment shall have been awarded by
a General Court-martial it shall be lawful for Her Majesty, or,
if in the East Indies^ for the Officer commanding in chief the
Forces at the Presidency to which the Offender shall belong
instead of causing such Sentence to be carried into execution,
to order the Offender to be transported as a Felon, either for
Life or for a certain Term of Years, as shall seem meet to Her
Majesty, or, if in the East Indies^ to the Officer conunanding as
aforesaid.
Trial by Ge- VIII. And be it enacted. That every Paymaster or other
Dcr^Court- Commissioned Officer of Her Majesty's Forces, or any Person
Embenlemeiit. employed in the Ordnance or Commissariat Department, or in

any Manner in the Care or Distribution of any Money, Provi-
sions, Forage, or Stores, who shall embezzle or fraudulently
misapply, or be concerned in or connive at the Embezzlement,
fraudulent Misapplication, or Damage^ of any Money, Provi-
sions, Forage, Arms, Clothing, Ammunition, or other Military
Stores belonging to Her Majesty's Forces or for Her Use, may
be tried for the same by a General Court-martial, which may
adjudge any such Offender to be transported as a Felon for Life
or for any certain Term of Years, or to suffer such Punishment
of Fine, Imprisonment, Dismissal from *Her Majesty's Service,
and Incapacity of serving Her Majesty in any Office, Civil or
Military, as such Court £all think fit, according to the Nature
and Degree of the Offence ; and every such Offender shall, in
addition to any other Punishment, make good at his own Ex-
pence the Loss and Damage sustained, which shall have been
ascertained ,by such Court-martial ; and the Loss and Damage
so ascertained as aforesaid shall be a Debt to Her Majesty, and
may be recovered in any of Her Majesty's Courts at Westmimter
or in Dublin^ or the Court of Exchequer in Scotland, or in any
Court in Her Majesty's Colonies where a Person sentenced by
such Court-martial shall be resident, after the said Judgment
shall be confirmed and made known.

IX. And

1840. Mutiny. Ca.p.6. 13

IX. And be it enactedL That a District or Garrison Court- 5?^^ ^
martial shall consist of not less than Seven Commissioned Officers^ G«rru(m
except in Bermuda, the Bahamas^ Saint Helena^ Africa, and the Ccmrts-iiwrtial.
Auitralittn Colonies, where it may consist of not less than Five
Commissioned Officers, and may sentence any Soldier to any
Imprisonment, with or without hard Labour, in any public
Prison or other Place which such Court, or the Officer com-
manding die Regiment or Corps to which the Offender belongs
or is attached, shall appoint, and may also direct that such Of"
fender shall be kept in solitary Confinement for any Portion or
Portions of such Imprisonment, not exceeding Oive Month at
a Time, or Three Months at (Afferent Times with Intervals of
not less than One Month between such Times in One Year, or
of such Imprisonment with hard Labour, or may sentence any
Soldier to Corporal Punishment, not extending to Life or Lipib,
for Immorality, Misbehaviour, or Neglect of Duty; and such
Court may, in addition to either of the said Punishments, sen-
tence a Soldier to Forfeiture of all Advantage as to additional
Pay, and to Pension on Discharge, for disgraceful Conduct,
In wilfully maiming or injuring himself^ or any other Soldier,
at the Instance of such Soldier, with Intent to render him-
self or such Soldier unfit for Service :
In tampering with his Eyes :

In malingering, feigning Disease, absenting himself firom Hos-
pital whilst under Medical Care, or other gross Violation of
the Rules of any Hospital, thereby wilfully producing or
aggravating Disease or Infirmity, or wilfully delaying his
Cure:
In purloining or selling Government Stores :
In stealing any Money or Goods, the Proper^ of a Com-
rade, of a Military Officer, or of any Military or Regimental
Mess:
In producing false or fraudulent Accounts or Returns :
In embezzling or fraudulently misapplying PubUc Money

entrusted to him :
Or in committing any Petty Offence of a felonious or fraudu-
lent Nature, to the Injury of or with Intent to injure any
Person, Civil or Military :
Or for any other disgraceful Conduct, being of a cruel, in-
decent, or unnatural Kind :
And such Offender may be further put under Stoppages, not
exceeding Two Thirds of his daily Pay, until the Amount be
made good of any Loss or Damage arising out of his Miscon-
duct ; and if any Soldier shall be convicted of any such dis-
graceful Conduct, and shall be sentenced to Forfeiture of his
Claim to Pension, the Court may further recommend him to be
discharged with Ignominy from Her Majesty's Service; and
any su<Si Court sh^ deprive a Soldier, if convicted of a Charge
of habitual Drunkenness, of his Liquor when issued in Kind, or
of his Allowance in lieu of Beer or Liquor, or of such Pro-
portion thereof, or of such Portion of his additional or regular
Pay, for such PeHod, not exceeding Two YeaiSj as may accord

with

• Cap. 4. 6, Ttansfer of Aids. 3 Vict*

CAP. IV.

An Act to apply the Sum of Two Millions to the
Service of the Year One thousand eight hundred
and forty. t24th February 1840.]

^ Most Gracious Sovereign,

< ^\/^£» Your Majesty's most dutifiil and loyal Subjeets, the

< ^ ^ Commons of the United Kingdom of Oreai Britain atid
^ Ireland, in Parliament assembled, towards making good the

* Supply which we have cheerfully granted to Your Majesty
' in this Session of Parliament, have resolved to grant unto

* Your Majesty the Sutfi herein-after mentioned;* and do there*
fore most humbly beseech Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

There shall be and by the Authority of the same, That there shall and Inay
applied, for^he j^ iggued and applied, for or towards making good the Supply
Year 1840, granted to Her Majesty for the Service of the Year One thou-
the Sum of sand eight hundred and forty, the Sum of Two Millions, a Part
2,000,000/. now ^f ^jje Sum now remaining in the Exchequer of the United
the Exchequer. Kingdom of Great Britain and Ireland, or remaining to be raised

on the Twenty-seventh Day of January One thousand eight
hundred and forty, to complete the Aids granted by Parliament
for the Service of the Year One thousand eight hundried ahd
thirty-nine and of antecedent Years; and the Commissioners
of Her Majesty's Treasury of the United Kingdom of Great
Britain and Ireland now or for the Time being, or any Three
or more of them, or the Lord High Treasurer of the United
Kingdom of Crreat Britain and Ireland for the Time being, are
or is hereby authorized and empowered to issue and apply the
same accordingly.

CAP. V.

An Act to repeal so much of an Act passed in the
Thirteenth Year of the Reign of His Majesty King
George the Second, intituled An Act to restrain
and prevent the excessive Increase qf Horse Races /
and for amending an Act made in the last Session
of' Parliament^ intituled * An Act for the mare effectual
• preventing of excessive and deceitful Oamtng,* as
relates to the Subject of Horse Racing.

^^^^^a^r^i^y /^ [23d ifarc/t 1840.]

« V^;^ HERE AS an Act was passed in the Thirteenth Year

« ^ ^ of the Reign of His Majesty King George the Second,

^0. 2. c. 19. * intituled An Act to restrain and prevent the extessive Increase ^f

J?u*/ V^.*r*ivy *s:/^ Horse Races ; and for amending an Act made in tlie last Sessi&n

aJ^-^ Ai^ytf// * of Parliament^ intituled * An Act fir Hie mere effectual preffenHng

1640. Hone Racing Att h part BepeaL C^6« 7

*' afetees*he and d^ceii/'id GtMt^ ;' And whereas Doubts hdive

< alriseli as to the Meiuiiiig of eettaiti Clauses in the said Act

* relating to the Subject of Horse Racing: And whel*ettS

* sereral Persons, not int^iding to offend against the Pro-

< visions of the said Act, have b^en subjected to vexatious

* Proceedings at La.w, and it is expedient . to repeal so much
<^ of the said Act Us relates to the Sutgect of Horse Racing :*
Be it enacted hy the Queen^s most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and
Temporal, and Common8» in this present ParliloAetit astoembled,

and by the Authority of the same^ That so mtuib of. the said So much of
Act tnade and passed in the Thirteenth Year of the Reigil of J^^J^^h^
His said late M^jesty King OeorpB the Second as relates to lul^i^g re- ^"^
the Subject df Horse Racing be and^ the same is hereby pealed.
repealed.

IL And be it enacted, That imniediately after the passing of Persons sued
this Aet it shall be lawful fbr any Person aglunst wbon «uiy ^^^||^
origitud Writ, Writ of Summotis, Suit, Action, Bill, Plaint, or ^t ml^Lppiy
Information shall hAve been sued out, commenced, 6r prosecuted •• the Onut
Oft or before the Day of the passing of this A^t, for the Reco- ^^^^^^
very of any Forfeiture ot peCunlAnr Penalty incurred under the for an Order to
said Act made and passed in the Thirteenth Year of Hb said discontinue it;
late Majesty King Gtofye the Second^ to apply to the Court in "^Je ^'rtSi"
which such original Writ, Writ of Summons, Suit) Action, Bill) make such
Plaint, or Information shall have been sued oat, comm^nced^ Order.
Of proiecUted, if such Court shall be sitting, of if such Ck>urt
shfedl not be sitting to any Judge of feith^r of the Superior
Courts at We^imifuierj for an Oraer that such original Writ^
Writ of Summons, Suit, Action, Bill, Plaint^ or Jbformatbn
shall be discontinued) upon Payment of the Costs thereof out of
Pocket incurred to the Time of such Application being made,
such Costs to be taxed according to die Practice of siich
Court i and every such Court or Judge, as the Case may be,
is hereby authorised and required, upon such Application^ and
Proof that sufficient Nodce has been giren to the PlaintiiF or
Informer, or to his Attorney^ of the Applicatioli, to mftke sueh
Order as aforesaid: mA upon the making such Order, and
Payment or Tender of such Costs as aforesaid, such Writ, Suit,
AetioU) Bill, Pldin^ or Information shall be forthwith discOn*
tinued t Provided always, that in all Cttses in which any such As to AeUons
Writi Siiit, Action, Bill, Plaint, or Information shall have been ^'^™°''^^
sued out or commenced subsequently to the First Day of Mardi ^g^, ^
One thousand eight hundred and forty, it shall be lawful for
such Court or Judge ius aforesaid to make such Order for
diseohtinuiiig the sume, without Payment of any Costs i and in
etery Mdh Cftto, on the making of such Order, sueh Writ, Suit,
A<^tion, BiU, PlaiAt, or Information shall be forthwith disson^
dnued t Provided always, that nothing herein eontainnd fthall b^ Not to cmUc
darned or taken to ennble any Person to recover bttck any ^^^^V^
Money paid before the passing of this Act, in pursuMee of ^|^^ ij^
any Judgment duly obtained und^r the Provisions of the scud
hni^reeited Aet«

A 4 IIL And

8

Act may be
aoBMided, &&

CSap. 5, 6.

Mutiny*

3 Vict.

Numbtroftb»
Foron.

III. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in tlie present Session of
Parliament.

CAP. VL

An Act for punishing^ Mutiny and Desertion, and for
the better Payment of the Army and their Quarters.

[3d April 184^0.]

Yl/'HEREAS the raising or keeping a standing Army within
^ ihe United Kingdom of Great Britain and Ireland^ in
Time of Peace, unless it be with the Consent of Parliament^
28 against Law: And whereas it is adjudged necessary by
Her Majesty, and this present Parliament, that a Body of
Forces should be continued, for the Safely of the United
Kingdom, the Defence of the Possessions of Her Majesty's
Crown, and the Preservation of the Balance of Power in
Europe^ and that the whole Number of such Forces should
consist of Ninety-three thousand four hundred and seventy*
one Men, exclusive of the OflBcers and Men belonging to
the Regiments employed in the Territorial Possessions of the
Eatt India Company, but including the Officers and Men of
the Troops and Companies recruiting for those Regiments:
And whereas no Man can be forejudged of Life or Limb, or
subjected in Time of Peace to any Kind of Punishment within
this Realm, by Martial Law, or in any other Manner than
by Judgment of his Peers and according to the known and
established Laws of this Realm ; yet nevertheless, it being
requisite, for the retaining all the before-mentioned Forces in
their Duty, that an exact Discipline be observed, and that
Soldiers who shall mutiny or stir up Sedition, or shall desert
Her Majesty's Service, be brought to a more exemplary
and speedy Punishment than the usual Forms of the Law will
allow ;' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Par*
Crimet punuh- liament assembled, and by the Authority of the same, That
able by Death. j£ ^jjy Pei-gon who is or shall be commissioned or in Pay as an

Officer, or who is or -shall be listed or in Pay as a Non-com-
missioned Officer or Soldier, shall, at any Time during the
Continuance of this Act, begin, excite, cause, or join in any
Mutiny or Sedition in Her Majesty's Land or Marine Forces^
or shall not use his utmost Endeavours to suppress the same^
or coming to the Knowledge of any Mutiny or intended Mutiny
ahal Inot, without Delay, give Information thereof to his Com-*
jmanding Officer; or shall misbehave himself before the Enemy;
or shall shamefully abandon or deliver up any Garrison, For-
tress, Post, or Guard committed to his Charge, or which he shall
be commanded to defend; or shall compel the Governor or
Commanding Officer of any Garrison, Fortress, or Post to
deliver up to the Enemy or to abandon the same ; or shall
speak Words or use any other Means to induce such Governor

or

1640. Mutiny. Cap. 6. 9

or Commanding Officer, or others, to misbehave before the
Enemy, or shamefully to abandon or deliver up any Garrison,
Fortress, Post, or Guard committed to their respective Charge,
or which be or they shall be commanded to defend ; or shall
leave bis Post before relieved, or shall be found sleeping on his
Post; or shall hold Correspondence with or give Advice or
Intelligence to any Rebel or Enemy of Her Majesty, either by
Letters, Messages, Signs, or Tokens, in any Manner or Way
whatsoever ; or shall treat or enter into any Terms with such
Rebel or Enemy without Her Majesty's Licence, or Licence
of the General or Chief Commander ; or shall strike or shall
use or offer any Violence against his Superior Officer, being in
the Execution of his Office, or shall disobey any lawful Command
of his Superior Officer; or sHltU desert Her Majesty's Service;
all and every. Person and Persons so offending in any of the
Matters^before mentioned, whether such Offence shall be com*
mitted within this Realm, or in any otlier of Her Majesty's
Dominions, or in Foreign Parts, upon I^nd or upon the Sea,
shall suffer Death or such • other Punishment as by a Court-
martial shall be awarded..

IL And be it enacted. That nothing in this Act contained The ordinary
shall be construed to exempt any Officer or Soldier from being ^"f!V!^-^
proceeded against by the ordinary Course of Law; and any fend with.
Commanding Officer who shall neglect or refuse^ when Appli*
cation is made to him for that Purpose, to deliver over to the
Civil Magistrate any Officer or Soldier accused of any Capital
Crime, or of any Violence or Offence against the Person,
Estate^ or Property of any of Her Majesty's Subjects, which is
punishable by the known Laws of the Land, or shall wilfully
neglect or refuse to assist the Officers of Justice in apprehending
such Of&nder, shall, upon Conviction thereof in any Prosecu-
tion in any of Her Majesty's Courts at Westminster^ Dublin^ or
Edinburgh^ be deemed to be ipso facto cashiered, and shall be
utterly disabled to have or hold any Civil or Military Office
or Employment within the United Kingdom of Great Britain
and Ireland^ or in Her Majesty's Service, and a Certificate
thereof shall be transmitted to the Judge Advocate in London;
provided that no Person, being acquitted or convicted of any
Capital Crime, Violence, or Offence by the Civil Magistrate, or
by the Verdict-^f a Jury, shall be liable to be punished by a
Court-martial for the same otherwise than by cashiering.

III. And be it enacted. That no Person whatever enlisted Soldiers not to
into Her Majesty's Service as a Soldier shall be liable to be ^*^!" ^^
arrested or taken therefrom, by reason of the Warrant of any vicTfor Debto
Justice or other Process, for not supporting, or for leaving under 90^
chargeable on any Parish, Township, or Union, any Wife or
any Child or Children, or (except in the Case of an Appren-
tke) on account of any Breach of Contract or Engagement to
serve or work for any Employer ; and no Person enlisted as a
Soldier, or serving as a Non-commissioned Officer or Drummer
on the permanent Staff of the disembodied Militia, shall be
liable ta be taken out of Her Majesty's Service by any Pro*

cess

10

Cap. 6.

Mutiny,

8 ViOT.

The Queen
may make
Articles of
War in con-
formity with
this Act.

Constitution
of Courts-
martial.

cess or Execution whatsoeverj oth^r than for some Oimihal
Matter, unless an Affidavit shall be made by the Plaintiff or
some one on his Behalf, for which no Fee shall be taken,
before some Judge of the Court out of y^idch such Process or
Execution shall issue, 6t before some Person authorized to take
' Affidavits in such Coui'ts, of which Affidavit a Membrahduifi
shallj without Fee, be indorsed upon tlie Back of such Pro-
cess, that the original Debt for which the Action has been
brought or Execution sued out amounts to the Value of Thirty
Pounds at least, over and above all Costs of Suit in the Action
or Actions on which the same shall be grounded; and any
Judge of such Court may examine into any Complaints made
by a Soldier, or by his Superior Officer, and by Warrant under
his Hand discharge such Soldier without Fee^ he being sliown
to be duly enlisted, and to have been arrested contrary to the
Intent of this A(;t, and shall award reasonable Costs to such
Complainant, who shall have for the Recovery thereof the like
Remedy as Would have beeii applicable to the Recovety of any
Costs which might have been awarded against the Complain-
ant in any Judgment or Execution as aforesaid ; provided that
any Plaintiff, upon Notice of the Cause of Action first given
iti Writing to any Soldier, or left at his last Quarters ofr
Place of Residehce before such Listing, may file a Common
Appearance in any Action to be brought for or upon account
of any Debt whatsoever, and proceed therein to Judgment
and Outlawry, and haVe Execution other than against the
Body.

IV. And be it enacted. That it shall be lawful for Her
Majesty to make Articles of War for the better Government
of Her Majesty's Forces, which Articles shall be Judicially
taken notice of by all Judges and in all Courts whatsoever;
^ild Copies of the same, printed by the Queen^s Printer, shall,
to soon as conveniently may be after the same shall have been
made and established by Her Majesty, be transmitted by Her
Majest/s Secretary at War, signed with his owtl Hand and
Namej to the Judges of Her Majesty's Superior Courts at JVe^^
fhinstety Dublin^ and Edinburgh respectively, and also to the
Governors of Her Majesty's Dominions abroad ; provided that
no Person within the United Kingdom of Great Britain and
Irelandj or the British Isles, shall by such Articles of War be
subject to be transported as a Felon, or to suffer any Punish-
ment extending to Lif(^ or Limb, except for Crimes which are
by this Act expressly made liable to such Transportation or to
such Punishment as aforesaid, or shall be subject, with refer^
ence to any Crimes made punishable by this Act, to be punished
in any Manner which shall not accord ^ith the Provisions of
this Act.

V. And be it enacted, That Her Majesty may from Time to
Time grant a Commission, under the Royal Sign Manual, for
the hoklihg of General Courts-martial within the United Kln^
dom of Great Britain and Ireland, in like Manner as has been
heretofore used ; and that for bringing Offenders against the

Articles

184d. MiMiy. Cap. 6. ll

Anides bf Wiir to Justice it shall be lawi\il for Her Miuesty to
erect and constitute Court9^martiaI within the United Kingdom
of Great Britain and Irdohd, as well ad to grant Her Koyhl
Commissions or Warrants to the Chief Oovernor or Oov^f nofs
of Ir^emdi the Cotnnlander of the Forces, or the t'ersoh of Per-
sons commanding iii chief or commanding for the Time being
any Body of Her Mjgesty^s Forces, as well within the tJnited
Kingdom of Oreai Britain ahd Ittland^ and the BriiUk Isles, as
in any of Her Majesty's Garrisons and Dominions or elsewhere
beyond the Seas, for contening^ as well as for authoriising any
Officer under their respective Command, not below the I&grte
of a Field Officer, to convene, Courts-martid, as Occasion may
require, for the Trial of Offences committed by any of th^
Forces under their severskl Command, whether the same shall
liave been committed before or 'after such Officer sliall hkve
tal&en upon himself sucih Command i and any Person subject to
this Ac^ who shall In any Of Her Majesty's Dominions or else^
where commit any of the Offences for which he may be li£ible to
be trifed by Courts-martial by virtue of this Act, may be tried
and punished for the same in any Part of H^r Majesty's Do^
mihions where he may have come after the Commission of the
Oflfence, as if the Offence had been committed where such
Trial shall take ]place.

YI. And l)e it enacted^ That a General Court-martial con- Compoiition
vened in ahy Part of the Queen's Dominions, {Bemiudd, thfe ^ General
Bahdms, Saini Hekha, Afiita, and the JnOroHan Colonies ex- Courts-martiai.
cepted,) or in the Settlements of the East India Company,
nhall consist of not lesis than Thirteen Commissioned Officers ;
if cotiVened in Bermwdd or the Bahamaij or otlt of the Queen'b
Dominions, excepting Saint Hekna^ ^fi^ and the Audralian
Colonies, shall (consist of not less than Seven, and in Saint
Bkkna, AfHca^ and the Australian Colonies, of not less than Five
Commissioned Officers; and no Judgment of Death shall pass
without the Concorrence of Two 'rhirds at the least Of the
Officers present ; and the President shall in no Case be tim
Officer commanding in chief or Governor of the Garrison where
the Offender shall he tried, nor under the Degree of a Field
Officer unless where a Field Officer cannot be had^ nor in any
Case whatsoever under the Degree of a Captitin.

Vn* And be it enacted. That a General Cotirt-martial may p^weTs of
sentence any Soldier to Imprisonment, with or without hard GeneraiCourts-
Labour, in any public Prison, or other Place which the Court "^^■^•
or the Oflicer commanding the Regiment or Corps to which the
Offbnder belongs or is attached shall appoint, and may alik>
direct that such Offender shall be kept in solitary Confinemtot
for any Portion or Portions of such Imprisonment, not exceeding
One Month at a Time, or Hiree Months at difflerent Times
widi Intervals of not less than One Month between such Times
in One Year, or of such Imprisonment With hard Labour, or
may sentence any Soldier to Corporal Punishment, not extend-
ing tO'Life or Limb, for Immorality, Misbehaviour, and Neglect
of Duty ; and a General Cotiirtrmartlal may, in addition to any

such

19 Cap. 6. Mutiny. 3 Vict.

such Punishment as aforesaid, sentence any Offender to Forfei-
ture of all Advantage as to additional Pay, and Pension on
Discharge; and wbensoeyer any General Court-martial by
which any Soldier shall have been tried and convicted of any
Offence punishable with Death shall not think the Offence
deserving of Capital Punishment, such Court-martial may»
instead of awarding a Corporal Punishment or Imprisonment,
adjudge the Offender, according to the Degree of the Ofience^
to be transported as a Felon for Life or for a certain Term
of Years, or may sentence him to general Service as a Soldier
in any Corps and in any Country or Place which Her Majesty
shall tliereupon direct, or may, if such Offender shall have
enlisted for a limited Term of Years, sentence him to serve for
Life as a Soldier in any Corps which Her Majesty shall please
to direct; and the Court may, in addition to any other Punish-
ment, sentence such Offender to forfeit all Advantage as to
Increase of Pay, or as to Pension on Discharge, which might
otherwise have accrued to such Offender ; provided that in all
Cases where a Capital Punishment shall have been awarded by
a General Court-martial it shall be lawful for Her Majesty, or,
if in the East Indies^ for the Officer commanding in chief the
Forces at the Presidency to which the Offender shaU belong,
instead of causing such Sentence to be carried into execution,
to order the Offender to be transported as a Felon, either for
Life or for a certain Term of Years, as shall seem meet to Her
Majesty, or, if in the East IndieSf to the Officer commanding as
aforesaid.
Trial by Ge- \11L And be it enacted. That every Paymaster or other
"^f^^ourt- Commissioned Officer of Her Majesty's Forces, or any Person
Embenlement. employed in the Ordnance or Commissariat Department, or in

any Manner in the Care or Distribution of any Money, Provi-
sions, Forage, or Stores, who shall embezzle or fraudulently
misapply, or be concerned in or connive at the Embezzlement,
fraudulent Misapplication, or Damage, of any Money, Provi-
sions, Fori^e, Arms, Clothing, Ammunition, or other Military
Stores belonging to Her Majesty's Forces or for Her Use, may
be tried fpr the same by a General Court-martial, which may
adjudge any such Offender to be transported as a Felon for Life
or for any certain Term of Years, or to suffer such Punishment
of Fine, Imprisonment, Dismissal from *Her Majesty's Service,
and Incapacity of serving Her Majesty in any Office, Civil or
Military, as such Court shall think fit, according to the Nature
and Degree of the Offence ; and every such Grander shall, in
addition to any other Punishment, make good at his own Ex-
pence the Loss and Damage sustaiqed, which shall have been
ascertained ,by such Court-martial ; and the Loss and Damage
so ascertained as aforesaid shall be a Debt to Her Majesty, and
may be recovered in any of Her Majesty's Courts at WestminUer
or in Dublin^ or the Court of Exchequer in Scotland, or in any
Court in Her Majesty's Colonies where a Person sentenced by
such Court-martial shall be resident, after the said Judgment
shall be confirmed and made known.

IX. And

1840. Mutiny. Ckp.6. 13

IX. And be it enactecL That a District or Garrison Court- J?'^ ^
martial shall consist of not less than Seven Commissioned Officers, Gwriacn
except in Bermuda^ the Bahamas^ Saint Hdenoy Africa, and the Courts-mirtiaL
AustraUan Colonies, where it may consist of not less than Five
Commissioned Officers, and may sentence any Soldier to any
Imprisonment, with or without hard Labour, in any public
Prison or other Place which such Court, or the Officer com-
manding die Regiment or Corps to which the Offender belongs
or is attached, shall appoint and may also direct that such Of-
fender shall be kept in solitary Confinement for any Portion or
Portions of such Imprisonment, not exceeding Oi^e Month at
a Time, or Tliree Months at different Times with Intervals of
not less than One Month between such Times in One Year, or
of such Imprisonment with hard Labour, or may sentence any
Soldier to Corporal Punishment, not extending to Life or Lipib,
for Immorality, Misbehaviour, or Neglect of Duty; and such
Court may, in addition to either of the said Punishments, sen-
tence a Soldier to Forfeiture of all Advantage as to additional
P^y, and to Pension on Discharge, for disgraceful Conduct,
In wilfully maiming or injuring himself, or any other Soldier,
at the Instance of such Soldier, with Intent to render him-
self or such Soldier unfit for SerA'ice :
In tampering with his Eyes :

In malingering, feigning Disease, absenting himself firom Hos-
pital whilst under Medical Care, or other gross Violation of
the Rules of any Hospital, thereby wilfully producing or
a^ravating Disease or Infirmity, or wilfully delaying his
Cure:
In purloining or selling Government Stores :
In stealing any Money or Goods, the Property of a Com-
rade^ of a Military Officer, or of any Military or Regimental
Mess:
In producing false or fraudulent Accounts or Returns :
In embezzling or fraudulently misapplying Public Money

entrusted to him :
Or in committing any Petty Offence of a felonious or fraudu-
lent Nature, to the Injury of or with Intent to injure any
Person, Civil or Military :
Or for any other disgraceful Conduct, being of a cruel, in-
decent, or unnatural Kind :
And such Offender may be further put under Stoppages, not
exceeding Two Thirds of his daily Pay, until the Amount be
made good of any Loss or Damage arising out of his Miscon-
duct ; and if any Soldier shall be convicted of any such dis-
graceful Conduct, and shall be sentenced to Forfeiture of his
Claim to Pension, the Court may further recommend him to be
discharged with Ignominy fi*om Her Majesty's Service; and
any such Court shall deprive a Soldier, if convicted of a Charge
of habitual Drunkenness, of his Liquor when issued in Kind, or
of his Allowance in lieu of Beer or Liquor, or of such Pro-
portion thereof, or of such Portion of his additional or regular
Pay, for such PeHod, not exceeding Two Years^ as may accord

with

J

14 Cap, 6, Mutiny. 3 Vict.

with I(er ]M[i(jeBty'9 Article pf Wais 9ubjeQ|; to Keatonttiop on
subsequent good Couduct ; and in addition to any such Punish*
inent the Court may, if it shall think fit, sentence such Offender
to Imprisonment pr to Corporal Punishment ; prpvided that in
all the foregoing Cases the Sentences of a IMstrict or Garriaoti
Court-martial shall be confinned by the General 0$cer, Gov
vernori or Senior Officer in command of the District? Garrison|
Island, or Cplouy ; and the Presidept of every Court-mtgrtialt
other than a General Court-martial| not being under the Rank
of Captaip, shall be appointed by the Officer convening such
Court-martial ; provided that such Court-martial shall npt hav^
Power to pass any Sentence of Death pr Transpprtation«
Regiiiientai X* And b^ it enacted. That in Cases of Mutiny and gross

Courts-maitwl. Jnsubordination, or any Offences committed on tne Line of

March, the Offence mav be tried by a Regimental Court*martia]«
and the Sentence ponnrm^d and carried into executipn on the
Spot by the Officer in the immediate Command qf the Troops,
provided that the Sentence shall not exceed that which a Regi-<
mental Court-martial is competent to award ; and a Regimental
Gourt-mardal ma^ try any Soldier for habitual Druakenness,
and may sentence any Soldier to Imprisonment, with or without
hard Labour, for any Period not exceeding Forty Days, and to
, solitary Confinement for any Period npt exceeding Twenty

Days ; and whenever any such Court-martial shall sentence any
Soldier to Imprisoument as aforesaid it may^(if it shall think fit)
direct that he b^ kept in solitary Confinement for a certain
Portion OP Portions oi the Period of such Imprisonment ; Pro-
vided always, then when such Court shall direct the Imprison-
ment to be part soliti^ry and part otherwise, the whole Period
of such Imprisonment, including the solitary Part thereof^ shall
not exceed Twenty Days, and shall be divided into Periods not
exceeding Ten Days each; and a Regimental Court-martial
may sentence any Soldier for beine drunk wheu on or for
Duty or Parade, or on the Line of March, to be deprived of a
Penny a Day of his Pay for any Period not exceeding Thirty
Daysi in addition to any other Punishment which such Court
may award; and s^iy such Court shall deprive a Soldier, if
convicted of a Charge of habitual Drunkenness, of his Liquor
whei^ issued in Kind* or of his Allowance in lieu of Beer or
Liquor, or of such Proportion thereof| pr of ?uch Portion of
his additional or regular P^y, for such Periodf not exceeding
Six Months, a« may accord with Qer Majesty's Articles of War,
subject to Restoration on subsequent good Conduct.
Forfeiture of ^* And be it enacted. That every Soldier who shall be
Pay and Pen- found guiltv of Pescrtiou by a General, or District, or Garrison
"^ ^^*"*^ Cpnrt-martial, where such Findings shall be duly approved, pr
nutfking a Pf Fclony in any Court of Civil Judicature in the United
Deserter. Kingdom, or of any Crime or Offence in any Court of Civil

or Cripiin^l Judicature in any Dominion, Territory, Colony,
Settlement, or Jlslaqd belonging to or occupied by lier M^esty
out of th^ Vniti^d King4oni, which would u comniitted therein
}^ Felonyt shall thfr^^^ppn forfeit $M Advantage a^ to aci4i-

J ' tional

T

1840. Mutinjf. Cap«6, U

tional P^y, and to Fenpion on piaeharge, in addition to anjr
Punishmept; which such Court may award ; and it shall bq
lawful for any Court>>roartial empowered to try the Crime of
I)esertion» in addition to any other Punishment, to direct that
the Offender be marked on the Left Side, Two Inches below
the Arm-pity with the Letter (D,), such Letter not to be less
than an Inch long, and to be marked upon the Skin with some
Ink or Gunpowder, or other Preparation, so as to be visible and
conspieuou% and not liable to be obliterated*

XII« And be it enacted, That it shall be lawful for any Fowen of a
Officer commanding any District, Petachment, or Portion of DetochmMit
Her Majesty's Troops which may at any Time be serving out
of Her Majesty's Dominions, upon Complaint made to him of
any Offence committed against the Property or Person of any
Innabitant of or Resident of any such Countries, by any Per*
son serving with or belonging to Her Majest/s Armies, being
qnder the immediate Command of any such Offiqer, to sum^-
mon and cause to assemble a Court-martial, which shall cgnsist
of not leas than Three Officers, for the Purpose of trying any
such Person, notwithstanding any such Officer shall not have
received any Warrant empowering him to assemble Courts*
martial; and every such Court-martial shall have the same
Powers in regard to summoning and examining Witnesses,
Trial of and Sentence upon Omnders, as are granted by this
Act to General Courts^martial ; provided that no Sentence of
any suph Court-martial shall* be executed until the General
commanding in chief th^ Army to which the Division, Brigade,
Detachment, or Party to which any Person so tried, convicted,
and adjudged to suffer Punishment shall belong shall have
approved and confirmed the same.

XUL And be it enacted, That in certain Cases, wher^ It may Mixture of
be necessary or expedient, Officers of Her M^esty's Marine Officers upon
Forces may sit upon Courtsrmartial in conjunction with Officers Courts-martiaL
gf Her Miyesty's Land Forces, and such Courtsrmartial shall
be r^n^lated, to all Intents and Purposes, in like Manner as
if they w^e composed of Officers of the Land Forces onlyt
whether the Commanding Officer by whose Order such Courts
martial is assembled belongs to the Land or to the Marine
Forces ; and Officers of Her Msgesty's Land Forc^ and Officers
in the Service of th^ Easi India Company, when serving to*
getber, may be associated in Courts-martial, which shall to all
Intents and Purposes be regulated in like Manner as if con-
sisting wholly of Officers of Her Mtuesty's Land Forces, or
wholly of Officers in the Service of tpe JEast India Company ;
save and except that on the Trial of any Person in Her Ma^
jest/s Land Forces, the Provisions of this Act, and the Oaths
thereby prescri^^d, $hall be applicable ; and that on the Trial
qi any Person belonging to Her Majesty's Marine Forces, the
Provisions of an Act passed in the present Session of Parliament
for the Regulation of Her Majesty's Royal Marine Forces while
on shores and the Oaths thereby prescribed, shall be applicable ;
and on U)f Trial of a^iy Officer or Soldier in the Service of tfjn^

Bagt

16 , Cap,6. Mutiny. 3 Vicr.

Ecat India Company, the Proyisions bf an Act passed in the
Fourth Year of the Reign of His Majesty King George the
Fourth, to amend the Laws for punishing Mutiny and Desertion
of Officers and Soldiers in the Service of the East India Com-
pany, and the Oaths thereby prescribed, shall be applicable^
notwithstanding any Officer in the actual Service of the said
Company may have a Commission from Her Majesty or from
His late Majesty King William the Fourth.
Power to XIV. And be it enacted, That all Greneral and other Courts-*

^22JU|***' martial shall have Power and Authority and are hereby required

to administer an Oath to every Witness or other Person who

shall be examined before such Court in any Matter relating to

any Proceeding before the same.

Proceedings of XV. And be it enacted, That in all Trials by General Courts-

Courts-martiaL martial to be held by virtue of this Act the President and every

Member assisting at such Trial, before any Proceeding be had
thereon, shall take the Oath in the Schedule to this Act an-
nexed, before the Judge Advocate or his Deputy, or Person
officiating as such, and on Trials by other Courts-martial before
the President of such Court, who are hereby respectively autho-
rized to administer the same, and any sworn Member shall
administer the Oath to the President ; and as soon as the said
Oaths shall have been administered to the respective Members*
the President of the Court is hereby authorized and required to
administer to the Judge Advocate, or the Person officiating as
such, the Oath in the Schedule to this Act annexed ; and no
Proceeding or Trial shall be had upon any Offence but between
the Hours of Eight of the Clock in the Morning and Four in
the Afternoon, except in Cases which require an immediate
Example, and except in the EastlndieSj where such Proceedings
or Trial may be had between the Hours of Six in the Morning
and Four in the Afternoon : Provided also, that all Witnesses
duly summoned by the Judge Advocate, or the Person officiating
as such, or by the President of a District or Garrison Court-
martial, shall, during their necessary Attendance in such Courts,
and in going to and returning from the same, be privileged from
Arrest, and shall, if unduly arrested, be discharged by the Court
put of which the Writ or Process issued by which such Witness
was arrested, or if such Court be not sitting, then by any Judge
of the Court of Queen's Bench in London or in Dublin, or the
Court of Session in Scotland, or Courts of Law in the East or
West Indies or elsewhere, according as the Case shall require,
upon its being made to appear to such Court or Judge by any
Affidavit in a summary Way that such Witness was arrested in
going to or returning irom or attending upon such Court-mar-
tial ; and that all Witnesses so duly summoned as aforesaid who
shall not attend on such Courts, or attending shall refuse to be
sworn, or, being sworn, shall refuse to give Evidence or to
answer all such Questions as the Court may legally demand of
them, shall be liable to be attached in the Court of Queen's
Bench in Lovidon or Dublin, or the Court of Session, or Sheriff
Depute or Stewarts Depute, or their respective Substitutes,

within

1840. MuHny. . Gap. 6. 17

within their several Shires and Stewartries in Scotiand^ or Courts
of Law in the East or West Indies^ or in any of Her Majest/s
Colonies, Garrisons, or Dominions in Europe or elsewhere re-
spectively, upon Complaint made, in like Manner as if such
Witness had n^lected to attend in a Trial in any Proceeding
in that Court.

XVL* And be it enacted. That no Officer or Soldier, beinff Appod.
acquitted or convicted of any Offence^ shall be liable to be tried
a Second Time by the same or any other Court-martial for the
same Offence, unless in the Case of an Appeal from a Regi-
mental to a General Court-martial; and diat no Findings
Opinion, or Sentence given by any Court-martial, and signed
by the President thereof^ shall be liable to be revised more than
once ; and no Witness shall be esamined nor shall any additional
Evidence be received by the Court on such Revision.

XVII. And be it enacted, That every Judge Advocate, or Rqiort of
Person officiating as such at a General Court-martial, or the ^'^mS*
President of any District or Garrison Court-martial, is reauired ^^^^b^m
to transmit, with as much Expedition as the Opportunity of Omuon
Time and Distance of Place can admit, the original Proceed-
ings and Sentence thereof to the Judge Advocate General in
London^ in whose Office they shall.be carefully preserved ; and
any Person tried by a General Court-martial, or any Person
in his Behalf, shall be entitled, on Demand, to a Copy of such
Sentence and Proceedings (paying reasonably for the same),
whether such Sentence shall be approved or not, at any Time
not sooner than Six Months if the Trial took place at Gibraltar
or in the Mediterraneany Three Months if at any other Station
within Europe^ and Twelve Months if elsewhere in Her Ma-
jesty's Dominions ; provided that such Demand as aforesaid
shall have been made within the Space of Three Years from
the Date of the Approval or other final Decision upon the
Proceedings before such General Court-martiaL

XVIIL And be it enacted, That whenever Her Majesty shall Tmuportttifln
intend that any Sentence of Transportation heretofore or here- Sj^S^"****
after passed by any Court-martial shall be carried into execution "*^^*
for the Term specified in such Sentence or for any shorler Term,
or shall be graciously pleased to conmiute as aforesaid to Trans-
portation any Sentence of Death passed by any such Court, the
saroe^ together with Her Majesty's Pleasure thereupon, shall be
notified in Writing by the Officer commanding in chief Her
Majesty's Forces in Great Britain and Ireland^ or in the tem-
porary Absence of such Officer by the Adjutant General, or
when there shall not be any Commander-in-Chief of Her Ma-
jesty's Forces in Great Britain and Irdaniy then by the Secre-
tary at War or his Deputy, to any Judge of the Queen's
Bench, Common Pleas, or Exchequer in England or IreUmij
and thereupon such Judge shall ma!ke an Order for the Trans-
portation of such Offender in conformity with such Notification,
and shall also do all such other Acts consequent upon the same
as such Judge is authorized to do by any Act in force touching
[No. 2. Price 2d] B the

Ip .CaPf«^ -Mirfiwyr 3 Vict

the Transpprlatipn of other Offend^rp; and ^hp Persoii i»
whose Custody such Offeiider shall ^t that Tiipp be, ^ijd ^11
other Peirsons whatsoever whom the s^id Order may concern^
3h^Il be boHpd to obe^ ^d shall be assistant in the Execu-
tion therepf, f^nd shall be liable to the same Punishment for
Disobedience, or for interrupting the Execuuon of the sfune^
^s if the Qrder hftd been made under the Authority of any such
^ct as ^foresaid ; apd every Person so ordered to be transported
shall be su^ect to every Provision m^de by Law and in force
concerning rersops convicted of any Crime and under Sentence
of Transpbr^tion ; and &om the Time when such Order of Trans-
portation sh£^}l be made every Act in force touching the Escape
of Felons, or their afterwards returning, pr their being at large
without Leave, shall ^pply to such Offender} and to au Persons
aiding and abetting, contriving, or assisting in a;iy Escape or
intended Escape or the returning without I<aave of any such
OiFender ; and the Judge whp shsdl make f^ny Order of Trans-
portation as aforesaid snail direct the Notification of Her Ma^*
jest/s Pleasure, and his own Order made thereupon, to be filed
and kept of Eecord in the Office of the Clerk of the Crown of
the Court of Queen's Qench i ^nd the said Clerk sha}l have 9
Fee of Two Shillings and Sixpence only for filing the same,
and sbal}, on Application, deliver a Certificate in Writing (not
taking more than Two Shillings and Sixpence for the same) tp
snch Offj^nder, or to any Person applying in his or Her Ma-
j^sU^'s Behalf, showing the Christian and Surname of such
Ofiender, his Offence^ the Place where the Court was held
before whom he was convicted, and th^ Conditions on which
the Order of Transportation was given ; which Certificate shall
be sufficient Proof of the Conviction and Sentence of such
Offender, ^d also of the Terms on which such Order for his
Trf^nsportation was given, in ^y Court and in any Proceeding
wberem it may be necessary to inquire into the same,
'^fmryrtififfr XI^« And be it enacted. That whenever any Sentenee ot
ffiun 1^ Transportation heretofore or hereafter pajssed by any Court-

CobnjM. martial holden in the East Indies^ or in any P^rt of Her Ma-

jesty's Foreign Pominions, is to be c^trried into execution for
the Term specified in such Sentence or for any shorter Term,
or whfsn Sentence of Death has been or shall as aforesaid be
commuted tp Transportation, the same shall be notified by the
O^er commanding in chief Her Majesty's Forces at the Pre-
sidency or Station, or in his Absence by the Adjutant General
&r the Tim^ beinff, to some Judge of onp of the Supreme Courts
of Judicature in the flast Indies^ or Chief Justice, or some other
Judge, as the Case may be, in any Part of Her Majesty's Foreign
Dominionsjf who shall make Order for the Transportation or
intermfediate Custody of such Offender, in lik^ Manner a$ for
the Transportation or intermediate Custody of any other Coii-
vict ; ^d the necessary Proceedinffs shall he taken, according
to such Order, for the Transportation or intermediate Custody
of sneh Qffi^nder; and all Acts in force \i\ such Place touching

ether

\94fk JUAtmy. C^p.6. 19

•tfep OSbmbrs id tw traoflported ahall in all respects apply as
inaU ta the Offiamkr himself so to be transported as to aU other
F9iP09a wb^taoev^r therein conperned.

XXe A)id be it enaetf d. That all Crimes and Oflfences which Oflenoes
tew been committed against any former Act for punishing jP"n«tfo"ner
Itfntiny aod Desertion, and for the better Payment of the nwjTbetnS
Army M^ ^^^ Quarters, or against any of the Articles of under this Act.
War iii^de and established by virtue of the same^ may, daring
Ae ppqtiniianee af this Act, be inquired of and punished in
* lilie Manner as if they had been committed against this Act ;
4ad erery Warrant for holding any Court-martial under any
fiirmer Aot shall remain in full Force notwithstanding the
Cjipfation of such Act, and all Proceedings of any Court-
OH^tial upon any Trial begun under the Authority of such
fenner Act shall not be discontinued by the Expiration of the
same ; provided that no Person shall be liable to be tried and
fauuabed for any Ofienee against any of the said Acts or
Ajtieles af War which shall appear to have been committed
mate than Three Years before the issuing of the Commission
or Warrant for such Trial, unless the Person accused, by
leason of bia having absented himself or of some other manifest
laBpediment, shall not have beep amenable to Justice within
that Period, in which Case such Person shall be liable to be
tried at ^ny Time not exceeding Two Years after the Impedi-
nept shaJl have qeesed.

XXI. And be it enacted. That every Soldier shall be liable Subsequent
ta he tried and punished for Desertion from any Corps into EnlUiment no
whicli he may have enlisted, or from Her Majesty's Service, fr^^^nlsh-
althoogh he may of right belong to the Corps from which he ment for De-
shall have ori^nally deserted; and if such Person shall be Mrtion.
elaimed as a i)eserter by the Corps to which he originally
beloiiged, and be tried as a Deserter therefrom, or shall be
tried as a Deserter from any other Corps into which he may
have enlifted, or if he shall be tried while actually serving in
seme Corps for Desertion from any other Corps, every Desertion
previous or subsequent to that for which be shall be under
Trial, as well as every previous Conviction for any other Offence,
nay be given in Evidence against him ; and in like Manner
in thp Case of any Soldier tried for any Offence whatever, any
previous Convictions may be given in Evidence against him ;
provided that no such Evidence shall in any Case be received
until after the Prisoner shall have been found guilty of such
O^neSf and then only for the Purpose of affixing Punishment ;
and provided also, that after he shall so have been found guilty,
and before such Evidence shall be received, it shall be proved
to the &tisfaetion of the Court that he had previously to his
Trial received Notice of the Intention to produce such Evidence
en the same ; and provided further, that the Court shall in no
Otte award to him f^iy greater or other Punishment or Punish-
mmts than may by this Act and by the Articles of War be
fwtrded fer the OS^nte of whiek he shall so have been teund
guilty.

B 2 ' XXII. And

20

Apprchennon
df Deierten.

Cap.6<

Mutiny*

3 Vict*

Frauduleat
CoQxession of
Dewrtion.

XXIL And be it enacted, That it shall be lawful for the
Constable of any Place where any Person reasonably suspected
to be a Deserter shall be found, or of any adjoining Place, and
if no such Constable can b^ immediately met with, then for
any Officer or Soldier in Her Majes^s Service^ to apprehend
or cause such suspected Person to be apprehended, and to cause
him to be brought before any Justice living in or near such
Place, and acting for the same or any adjoining County, who
hath hereby Power to examine such suspected Person ; and if
by his Confession, or the Testimony of One or more Witnesses
upon Oath, or by the Knowledge of such Justice, it shall
appear that such suspected Person is a Soldier and ought to be
with the Corps to which he belongs, such Justice shall forthwith
cause him to be conveyed to some public Prison in such Place^
or if there be no public Prison in such Place, then, at the
Discretion of such Justice of the Peace, to the nearest or most
convenient public Prison in the same or any next adjoining
County, or to the Provost Marshal in case such Deserter shau
be apprehended within the City or Liberties of Dublin or Places
adjacent; or if such Deserter shall be apprehended by any
Party of Soldiers of his own Regiment^ or shall be apprehended
in the Vicinity of the Head Quarters, or of any Depot of the
Kegiment to which he shall belong, then such Justice may
deliver such Deserter to the Party of his Regiment, or may
order such Deserter to be taken to die Head Quarters or Depot
of the Regiment to which he shall belong, instead of committing
him to Prison; and such Justice shall transmit an Account
thereof, in the Form prescribed in the Schedule annexed to this
Act, to the Secretary at War, specifying at the Foot thereof the
Commitment to Prison or Delivery of such Deserter to the
Party of his Regiment, in order for his being taken to the
Head Quarters or Depot of his Regiment as the Case may be,
to the end that such Person may be removed by an Order
from the Office of the said Secretary at War, and proceeded
against according to Law; and such Justice shall also send
to the Secretary at War a Report, stating the Names of the
Persons by whom the Deserter was apprehended and secured ;
and the Secretary at War shall transmit to such Justice an
Order for the Payment to such Persons of such Sum, not
exceeding Forty Shillings, as the Secretary at War shflJl be
satisfied they are entitled to, according to the true Intent and
Meaning of this Act : Provided also, that the Fee or Reward
taken by any Justice or his Clerk, in respect of any Information,
Commitment, or Report as aforesaid, shall in no Case exceed
the Sum of Two Shillings.

XXIIL And be it enacted^ That any Person who shall
voluntarily deliver himself up as a Deserter from Her Majestjr's
Forces, or the embodied Militia, or the Forces of the East
India Company, or who, upon being apprehended for any
Offence, shall, in the Presence of the Justice, confess himself
to be a Deserter as aforesaid, shall be deemed to have been duly
enlisted and to be a Soldier, and shall be liable to seiVe in any

of

1840. MuHny. Cap. 6. 21

of Her Majesty's Forces, as Her Majesty shall think fit to
appoint, whether sach Person shall have been ever actually
enlisted^ as a Soldier or not; and in case such Person shall not
be a Deserter from the Regiment stated in such Confession he
shall be liable to be punished as a Rogue and Vagabond, or
may be prosecuted and punished for obtaining Money under
&be Pretences; and the Confession and receiving Subsistence
as a Soldier by such Person shall be Evidence of Uie false Pre-
tence and of uie obtaining Money to the Amount of the Value
of such Subsistence, and the Value of such Subsistence so
obtained may be charged in the Indictment as so much Money
received by such Person ; and in case such Person shall have
been previously convicted of the like Offence, or as a Rogue
and Vagabond for making a fraudulent Confession of Desertion,
such former Conviction may be alleged in the Indictment, and
may be proved upon the Trial of such Person ; and in such
Indictment for a Second Offence it shall be sufficient to state
that the Offender was at a certain Time and Place convicted
of obtaining Money under fidse Pretences as a Deserter, or as
a Rogue and Vagabond for making a fraudulent Confession of
Desertion, without otherwise describing the said Offence ; and a
Certificate containing the Substance and Effect only (omitting
the formal Part) of the Indictment and . Conviction for the
former Offence, purporting to be signed by the Clerk of the
Court or other Officer having the Custody of the Records of the
Court where the Offender was first convicted, or by the Deputy
of such Clerk, or by the Clerk of the convicting Magistrates,
shall, upon Proof of the Identity of the Person of the Offender,
be sufficient Evidence of the First Conviction, without Proof
of the Signature or official Character of the Person appearing
to have s^ed the same; and if the Person so confessing himself
to be a Deserter shall be serving at the Time in any of Her
Majesty's Forces, he shall be deemed to be and shall be dealt
wi^ as a Deserter.

XXIV. And be it enacted. That any Recruit who shall Recruits de-
desert prior to joining the Regiment for which he has enlisted "^^^ ^'^^
shall, on being apprehended, and committed for such Desertion ferred to the
by any Justice of the Peace upon the Testimony of One or nearest Regi-^
more Witnesses upon Oath, or upon his own Confession, be ™*°^ ^^ ^«P^*-
liable to be transferred to any Regiment or Depot nearest
to the Place where he shall have been apprehended^ or to any
other Regiment to which Her Majesty may deem \% more
desirable that he should be transferred: Provided always, that
all Cavalry Recruits so committed for Desertion shall be
transferred to Cavalry Regiments, and Infantry Recruits to
Infantry Regiments ; and that such Deserters thus transferred
shall not be liable to other Punishment for the Offence, nor
to any other Penalty except the Forfeiture of their personal
Bounty, reserving only for them that Part of the Bounty
which ia applicable to and required for the Provision of
Mecessariea.

* B 3 XXV. And

Penalty for
inducing or
asbuting to
desert

Penalty for
forcible Entry.

Cistody of
Offenders
under a Mili- '
tary Sentence.

One Pentagon
in the Peniten-
tiary at Mill-
bank to be ap-
propriated as
a I^ison for
Military
Offenden.

Powers and
Duties of the
Person to be
appointed
Superintendent
of said Penta-
gon.

Cap. 6. itftttffiy. 3 ViQf.

XXV. And be it enacted) lliat every t^ei^on Who shftll, III
any Part «f Her Majesty's Doftlinidhs, difec^tly Oi* indireetl^
persuade any Soldier to deseit^ shall siifFer sueh PunifthtHMt
by Fine or Ihiprisonment^ dt both, as the Court befbf^ ytlMh
the Conviction may take place shall adjudge ; tad every P^tftetl
yrho shall assist any De^ertei^i knowing him to be sttCh^ tifl
deserting or in concealing himself^ shall forfeit ibr etery M^
OfFence the Sum of Twenty l^ounds.

XXVL And be it enacted, Th^t ^tery Commissioiied (M^f^
who shall, without Wairant from One of more of Htft Majesty^B
Justices, forcibly enter into or break open the Dwelling H^bse
or Outhouses of any Person whoms^eTelr, Under Pretence ef
searching for Deserters, shally upon due Proof thereofi forfeit
the Sum of Twenty Pounds.

XXVII. And be it enacted, Thttt evefy Gaolef tad Ke^t
of any Prison or House of Correction in eveiy FaH of Her
Majesty's Dominions shall^ upon the Order in Writing ef any
Commanding Officer of a District, Gartisori) Regiment, ot* Goi^
(as the Case may be,) receive into his Custody any Soldier nnder
Sentence of Imprisonment by a General or other Coutt-martial^
and keep him in a proper Place of .Confinement^ with er without
hard Labour, according to the Sentence of the Court, and dui^in|(
the Time specified in the said Order^ or until he be discbai^gra,
or shall, although the Period for which the Soldie)* wtis origi*^
nally committed may not have expired, deliver him up to any
Peraon producing an Order in Writing to that Effedt from
any such Commanding Officer as aforesaid; tad ev^ry such
Gaoler who shall refuse to receive and to confine any iliich
Non-commissioned Officer or Soldier in mtaner ab aroresaid
shall forfeit for every such Ofience the Sum of Ohe hundred
Founds.

XXVIII. And be it enacted, That One Pentagon in the
General Penitentiary at Millbbmk^ to be selected by the Supefrin-
tending Committee of the said Penitentiary, With the Aipproba«
tion of one of Her Majesty's Principal Secretaries of State,
shall be deemed to be a Prison within the Meaning of any Aet
now in force or hereafter to be in force fot punishing Mutiny
and Desertion ; and that any Soldier convicted by a Court-mar^
tial may be sent by Order of any Commanding Officer 6f ii
District, Garrison, Regiment, or Corps to such P^itagon, there
to undergo Imprisonment, with or without hard Labour or
solitary Confinement, or such other Puniiihment as may be
awarded by his Sentence, and during the Time specified in the
said Order, or until he be discharged before the Expiration ef
that Time by an Order duly made for that Purpose.

XXIX. And be it enacted. That the Person who shall for the
Time be intrusted by the Superintending Committee or Visiter
of the said Penitentiary with the Charge of the same Pentagon
shall be deemed to be the sole Superintendent thereof^ and shall
perform the same Duties and exercise thd same Powers tad
Authorities in relation to such Pentagon, and to the Offieert

exclu-

1640. MtMnfi Csp. 6.

^tdnaitely belonging thereto^ and to the Soldlen oortifified
therein^ as tte Governor of the said Penitenliafj shall perfbrrfi
and exercise in reliction to the othei' P^ntagon^^ Officers, and Pti-
soners iii the sidd Penitentiary, any thing In any Act to the coii-
ttaty notwithstanding; subject nevertheless to stieh pectfliar
Regflliitiona as the said Superintenditig Ck>tninittee^ With the
AppMbation of one of the Principal Seeretaf ies of State, may
fVom Tiine to Time make in relation to snch Pentagon^ and to
the Superintendent tad Officers thereof, aiid to the Soldiers
confined therein i Provided always, that nothing herein con-
tained shaU prevent any Soldier confined in the said Pentagon
front being taken td the Chapel or Infihnary of the said Peni^
tentiary.

XXX. And be it enacted. That the Gaoler or 'Person having Cuitody and
the itnmediate Inspection of anv Prison, Gaol, dr House or ?ji^?f™*^
Oirrfection in eirery Part of Her ilajesty's Dominions shall diet '^•*^"*
and supply etery Soldier with Fuel and other Necessaries
according to the Regulations of the Prison to which he shall he
conitiiitted, and shall receive on account of every Soldiei*, during
.the Period of his Imprisonnient, Sixpehce /Mfi* Dien^ which the
Secfetarjr at War shall Hanae to be Issued out of the Subsistence
of suth Soldier, upon A|)plication in Writing signed bjr any
Jtistice within i^hose Jurisdiction such Place of (>onfinemetit
shall be locally situated, together with a Copy of the Order of
Commitment, and which Sum of Sixpence per Diem shall be
carried to the Credit of the^Fund from which the tJxpence of
such Prison or House of Correction is defrayed ; and such Gaol^f
is hereby required to i'eceive and coiifine every Deserter who
shall be delivered into his Custody by ahy Soldier conveying
such Deserter under awful Authority, on Production of the
Warrant of the Justice of the Peace on which stich Deserter
Aall have been taken, or some Order from the Oftce of the
Be<;retary at War, which Order shall cbritiliue ih force Undl the
Deserter shall have arrived at his Destination, and su6h Gaoler
shall be entitled to One Shillitig for the safe Custody of the
said Deserter while halted on the March, and to such BubsistA
ence fiir his Maintenance as shall be directed by Her Majesty's
Regulations.

aXXI. And be it enacted. That every Gaoler to whom any Notice of Ex-
Notice shall have been given that any Person in his Custody for p«^wi ^H^
any Oflence is ^ Soldier, liable to serve Her Majesty oh th* P^"'***
Expirfttiofa of his Imprisonment, shdl ^ve One Month's Notice
of the Period of such Expiration of Imprisonment, or if th^re
shall not be sufficient Time for a Month's mtice, then the longest
practicable Notice thereof, to the Secretary ^t War.

XXXll. And be it enacted, That all the Provisions of this Penom mbjcct
Aet shall apply to all Persons employed on the Recruiting SeH to thb Act.
tice receiving Pajr in respect of such Service, and to the Forces *
of the Edst India Cbmpanjr while they shall be in anv Part of
the United Kingdom, and until their Arrival in the Territories
of the Batt India Company, and to the Officers and Persohs whb
Are or shall be serving and hired to be employed itt tiie Royal

B 4 Artillery

iSQ Cap. 6. Mutifttf. S ViCT.

Artillery and Field Traini and to Master Gunners and Gunners^

and Conductors of Stores, and to all Officers and Persons who

are or shall b^ serving in the Regiment of Royal Engineers and

the Corps of Royal Sappers and Miners, and in the Corps of

Royal Military Surveyors and Draftsmen, and to Persons in

the Ordnance and in the Commissariat Departments, who are or

shall be serving with any Part of Her Majesty's Forces at home

or abroad, under the Command of any Officer having Com-

mission fhim Her Majesty, or from His late Majesty King

William the Fourth, and to all Storekeepers and other Civu

Officers who are or shall be employed by or act under the

Ordnance at any of Her Majesty's Ordnance Establishments at

Foreign Stations ; provided that nothing in this Act contained

shall extend to affect any Security which has been given by such

Storekeeper, Barrack Master, or other Officer, or tneir Sureties^

for the due Performance of their respective Offices, under the

Provisions of an Act passed in the Fiftieth Year of the Reign

of His Majesty King George the Third, to regulate the taking

of Securities in all Offices, but that such Bonds and other

Securities shall be and remain in full Force and Effect*

Fonign Troops XXXIH. And be it enacted, That all Officers and Soldiers of

iathb Country, any Troops, being mustered and in Pay, which shall be raised

and serving in any of Her Majesty's Dominions abroad, or in
Places in Possession of or occupied by Her Majesty's Subjects,
under the Command of any Officer having any Commission
immediately from Her Majesty, shall be liable to Martial Law
in like Manner as Her Majest/s other Forces are; and if such
Officers and Soldiers, having been made Prisoners, be sent into
England or Ireland although not allowed to serve therein, all
the Provisions of this Act in regard to billetting Soldiers shall
apply to such Officers and Soldiers.
MOida aad XXXIV. And be it enacted. That nothing in this Act con-

TooDMoiy. tained shall in anywise be construed to extend to any of the

Militia Forces or Yeomanry or Volunteer Corps in . Great
Britain or Ireland^ excepting only in such Cases wherein, by
any Act or Acts for regulating any of the said Forces or Corps^
the Provisions contained in any Act for punishing Mutiny and
Desertion shall be specifically made applicable to the said
Corps.
A0t 10 extend XXXV. And be it enacted, That this Act shall be construed
%J^^Sj^ ^ to extend to the Islands of Jersey^ Guernsey^ Aldemey^ Sark, and

ilfoR, and the Islands thereto belonging, as to the Provisions
therein for enlisting of Recruits, whether Minors or of full
Age, and swearing and attesting such Recruits, and for muster*
ing and paying, and to the Provisions for the Trial and Punish-
ment of Officers and Soldiers who shall be charged with Mutiny
and Desertion, or any other of the Offisnces which are by this
Act declared to be punishable by the Sentence of a Court-
martial, and also to the Provisions which relate to the Punish-
ment of Persons who shall conceal Deserters, or shall knowingly
buy, exchange, or otherwise receive any Arms, Clothes, Military
Furniture, or Regimental Necessaries from any Soldier or De-
serter,

18^. Mu&ajf. Cap.e. * 36

SMter, or who shall cause the (Colour of any such Clothea to be
cbaogedy and also as to the Exemption from Arrest for Debts
under Thirty Pounds of Soldiers in the said Islands.

XXXVI. And be it enacted, That every Person who shall Bnludngatid
receive Enlisting Money from any Person employed in the S^^**^
Recruiting Service^ he being an Officer, Non-commissioned
Officer, or an attested Soldier, shall be deemed to be enlisted as
a Soldier in Her Majesty's Service^ and while he shall remain
with the Recruiting Party shall be entitled to be billetted ; and
every Person who shall enlist any Recruit shall first ad( the
Person offering to enlist whether he does or does not belong
to the Militia, and shall cause to be taken down, in Writings
the Name and Place of Abode of such Recruit ; and (if such
Recruit shall not reside in or in the Vicinity of the Town or
Place where he offered to enlist) the Place also at which he shall
declare that he intends to sleep, in order that within Forty-eight
but not sooner than Twenty-four Hours, (any intervening 6m-
day not included,) after his having received the Enlisting Money^
Notice of his having so enlisted be given to the Recruit or left
at his usual Place of Abode, or at the Place where he stated
that it was his Intention to sleep; and when any Person shall
be enlisted as a Soldier in Her Majesty's Land Service he shall
within Four Days, (any intervening Sunday not included,) but
not sooner than Twenty-four Hours after such Enlisting, appear,
together with some Person employed in the Recruiting Service
of the Party with which he shall have enlisted, before a Justice^
or, in Scatiandf before any Baillie of a Royal Burgh, residing
widiin the Vicini^ of the Place, and acting for the Division or
District where such Recruit shall have been enlisted, and not
being an Officer in the Army; and if such Recruit shall declare
bis having voluntarily enlisted, the said Justice shall put to him
the several Questions contained in the Schedule to this Act
annexed, and shall record or cause to be recorded in Writing
his Answers thereunto ; and the said Justice is hereby required
forthwith to cause the Answers so recorded in Writing, and
the First and Second Articles of the Second Section of the
Articles of War against Mutiny and Desertion, to be read over
in his own Presence to such Recruit, and to administer to such
Recruit the Oath in the Schedule to this Act annexed for limited
or unlimited Service, or for Service in the Forces of the East
hdioL Company, as may be applicable to the Case of the Recruit,
and no other Oaths, any thing in any Acts to the contrary
notwithstanding; and the said Justice is hereby required to
give, under his Hand, the Certificate in the Schedule to this
Act annexed; and if any such Recruit so to be certified shall
refuse to take the Oath in the Schedule to this Act annexed
before the said Justice, it shall be lawful for the Officer or
Non-cominissioned Officer with whom he enlisted to detain
and confine such Person until he shall take the said Oath of
Fideh'ty.

XXXVIL And be it enacted. That any Becruit appearing Dinent and
as aforesaid before such Justice shall be at liberty to declare his Relief from

Dissent EnK»tineiit.

M ' <:kp.d. Mutir^. SVier.

DisMnt to sudii Enlisting, kHd aptri ^lidh Dedatttion^ attd
rettifnibg the Enlisting Money, and iJso pajiiig Sie Sttiil ef
Twenty Shillings for the Charges i^^j^end^d upon hitii^ togetht^
with the full AnioUtit of* Subsistence and Beer Monejr ^bich
&all have beeti paid to such Recrtiit subsequent to the P&l^lod
of his hd¥ing been enlist^ shall be fottliwith diteharged and
set nt liberty in the Presence of such Jdstice i but if siioh I^eN
fl[6n shall refiiite or neglect, within the Space of TVenty^f(§ful^
HoUrs after sb declaring his Dissent, to return and pny ^ueh
Mon^ as aforesaid^ he shall be deeriied and taken to b^ en-
listed as if he had given his Absent thereto before the ^id
Jii^tice f Provided also, that It shall be lawful fbr iuiy Justice fd
dischai'ge uny Person whd shall have hastily enlisted, and Who
shall at)ply to him ib declare his Dissent i^ithin such Four Dttys
as aforesaid, upon Payment of the Sum of Money required 16
be paid by any Recrtiit declaring his Dissent under this A^U
notwithstanding no Person belonging to the Recruiting Party
shall be with the Reciriiit, if it shafl appear to such Justice, Upon
Prctof to his Satisfaction, that the Recfuiting Party has left the
Place where such Recruit t^as enlisted, or that the Keei-uit could
rtot procure kny Pei^on belonging to sufch Party to go with him
before the Justice ; and the Sum paid by stich Rdcfuit upon His
Discharge shall be kept by the Jilstlce, and pdd to kny Person
belonging to the Recruiting Party entitled thereto dehianding
the samej provided that no Rect'uit ^ho has been actually,
though et-roneously, discharged bjr the Justice before tlie Ex-^
piration of iTwenty-foUr Hours aftet the Hffle of hi§ Enlistment
shall be liable on that Account to be |)t'oeeeded against as
having deiierted frdhi tlet Majesty's Sertice ; knd the Justice
who snail dischiirge any Redruit shall in eveiy Case give a GeN
tificate thereof, s^ed with his Hand, to the Recruit s{>edfying
the Cause thereoL
Qfl^,^ ^^^ XXXVIIt. And be it enacted, iTiat if any ftecniit shall
nected wiUi rCceiVe the Enlisting Money fi'om any Person emploved in the
Enluunent. Recruiting Service (knowing it to be &uch), and shall abscond

oi* refuse to go befoi'e snch Justice, or shall thereafter absent
himself from the Recruiting Party at Person With whom he
enlisted, iind shall not voluntarily tettirh to go befot^ !tome
Justice within such Period Of Four Days as aforesaid, sneh
ReCi^it shall be deemed to be enlisted and & Soldiet in Hef
Majesty's Service, as fully to all Intents and Purposes ks if he
had been duly attested, and may be apprehended and punished
as a Deserter, or for being absent without Leave, under any
Articles of Yf^t made for Punishment at Mutiny and Desertion ;
and sudh Recruit shall not be discharged by any Justice of the
Peace after the Eicpiration of such Four Dciys as afbreS^id,
unless it shall be proved to the Satisiaction of such Justice that
the true Name and Residence of the Recruit were dislclosed and
known to the Recruiting Party, and that no Notice wds given
to the Recruit, or left at his usual Place of Abode, of his
hiiving s<i enlisted ; pf bvid^ that in every Case wherein any
Recruit shall have received Enlisting Money, and shall have

absconded

1040. Jlfkli>i^. ta^e. it

AbiUMdedi tMA fbe ftol3ri id thAt iC shid] not he pamhie
immediacy td itp^fa^d fttiti bring biin befdre & Jtistic^ thi^
Offleer or NeiMsoittffifeitoned OfBtief bdtftinanding ttife PaHy
riiall fradBc# to the Juiti^ before Wborti tfi« Reiiruit might
ff^flriy to hatef heish brought (6f Att^tatioil ft Cmificdt^ t)f
thi^ Name llild Plec^ of tledideftice tji sudh RecftiitJ and the
Jittlice to \A^m ^u«h Orttficat^ shall be prodneed shall, kft^t
Btttisfyiilff hitti^f that thd Reetttit Vhd had libM>nded cailnot
be Ibiitid and api^ft^eiided^ ttansmit a Dtt|)lieaie tbef^ to iter
Mijesty's Seoretarjr at War^ in ohief that, in thtf «tent of stibh
fteertiit being aflerWahls a^^ti^ehehded and reported al a De^
lert^ the Facts of his having reoeif ed Enlisting Mdney, ifid
harii^ absconded aft^t hating been etllistedf mitjr be ascei*-
tidfled, befcMi^ he be flhally tmjtidged to be a Des^^t^ ; and
anjr Reerait whb shall enlist into Her Majesty's Foi'^es, and
irfio shall be disco^eted td be incapable of actite Setviee bt
reasta of shy Infirmity (H)iK;ealed Or not declared by silch
R«€ftiit bdbre the Jnstite at the "f ifaie bf his Attestation, inajr
ba tiansferred to any Oafrison or Veteran or Inralld Battalidn
ar Compahyt or into Her Maies^s IMhrine Forc^ ndtWith^
standing he shall have enlisted for aHy particular Re^idierit,
aad shdl be entitled to teeeive sucih Pi'bportion or Residue df
Baodty odly as Her Majesty may allow in that Behalf, instead
of the Bounty npOh which such Man ^hall have bcfeh enlisted,
tej fhiiig in any Aet of Acts, dr any Rules and Regulations
relating to Soldiery to the (Contrary notwithstanding; &nd it
Aall be laWfiil fbr any TVd JustW befdre Whom ititeh R^ruit
shall be broUgbf) iind Who shall be prdved Upon Oath, before
them, to haire concealed hi^ baring been a Soldier and dis^
Aafged, olc to have concealed his having been discharged upoii
my priof finlistnient, oi^ td hkre wilfbuy concealed any Sudh
Infiriui^ npon being attested, dr to haVe designedly niade any
fidse Representation as aforesaid, to adjudge such Person to be
tk Kogoe and Vagabond, and td sentence him td sUch Punish-
aienl as by any Law ih fbrce may be inflicted Upon Rogues and
Vagabonfk and Vagrants and incorrigible Rogues; and any
Reeruit who shall designedly ihake any iklse Representation df
my Particular contained in the Oaths and Certificates in the
tkhednle to this Act adneited, before the Justice, at the Time
of his Attestation, and shall obtain any Enlisting Money or
Boanty fair entering into tier Majesty's Service or any other
Money, shall be deemed guilty df obtaihihg Money Under fklse
Pretences within the true Intent and Meaningi if in England^
of an Aet^ intituled An Att fbt ^mBoUdaHng dfid amending ihe 7a86.4.e.9i.
LmiH in Etigladd relative to La!hxn^ and offur Offhice^ tonmttid
tkm^Mk ; and if Ih Ifebhd^ of an Adt passed in the Ninth Year
rf the Reigfi df His Majesty King GeMye the Fdurib, ihtittiled
An Act Jar caruolidating and amending the Laws in Ireland i^Mtili% 9 0. 4. e. $s,
t§ LMtnag Md »thi^ Offkncee eanneited OereufUh } and the P^-
dastibn ^ such Certificate^ and Pttx>f df the Handwriting df
the Jaktiee giting such Genifieate, shall be safieient Evidenee
of soah Party having represeiilad die several PArtieuliM con-
tained

i8 Cap. 6. Mutiny. 3 Vicr.

tained in the Oath sworn by hini»and specified in the Certificate
of the Justice at the Time of his being attested ; and that Proof
by the Oath of One or more credible Witnesses that the Person
so prosecuted hath voluntarily acknowledged that at the Time
of his Enlistment he belonged to the Militia^ or to any Regiment
in Her Majesty's Servicci or to Her Majesty's Ordnance, Navy^
or Marines, shall be deemed and taken as Evidence of the Fact
so by him acknowledged, without Production of any Roll or
other Document to prove the same; and such Proof of such
Acknowledgment shall be certified to the Secretary at War by
the Justice before whom such Proof shall have been given ; and
any Man having been enrolled to serve in the Militia at the
Time of ofierin^ to enlist who shall deny that he is a Militia
Man then actually enrolled and engaged to server or shall deny
to the Justice before whom he shall be attested that he belongs
to the Militia, shall, on Conviction thereof before any One
Justice in the United Kingdom, either upon Oath of One
Witness or upon his own Confession, or upon the Production
of the Attestation, and the before-mentioned Acknowledgment
of such Person, certified by the Secretary at War or ]>eputy
Secretary at War, be committed to the Common Gaol or House
of Correction, there to remain without Bail or Mainprize for
and during any Time not exceeding Six Calendar Months,
over and above any Penalty or Punishment to which such Per-
son so ofiending may be otherwise liable, and shall from the
Dav on which ms Engagement to serve in the Militia shall end,
and not sooner, belong as a Soldier to the Corps of Her Ma«
jetty's Regular Forces, or of the Ecul India Company's Forces,
into which he shall have so enlisted; provided that every such
Person shall be liable to serve within the United Kingdom of
Great Britain and Ireland, in any Regiment, Battalion, or Corps
of Her Majesty's Regular Forces, or of the Eastlndia Company's
Forces, in which he has so enlisted, during all the Time the
Militia to which he shall belong shall remain disembodied, or
shall not be called out for Training or Exercise, and shall
during all such Time be subject to all the Provisions of this
Act, and liable to be apprehended and dealt with and pun-
ished as a Deserter from the Corps in which he shall have so
enlisted, if he shall neglect or refuse to join and serve in such
Corps as aforesaid.
Poialtjon XXXIX. And be it enacted, That every Military Officer

Offieen offend- who shall act contrary to the Provisions of this Act in any re-
lUwifiw^- *P^^ regarding the enlisting and attesting of Recruits of Her
ii« fildiitiiieiit. Majesty's Service, or for the Service of the East India Company,

shall, upon Proof thereof upon Oath by Two Witnesses before

a General Court-martial, be cashiered, and disabled to hold any

Civil or Military Office or Employment in Her Majesty's

Service.

EnliitniMitaDd -^^^ ^^^ whereas it is expedient that Provision should be

Re-cniiitmaii made for enlisting and attesting of Soldiers desirous of re-

*^"'*^ enlisting^ and others desirous of enlbting abroad ; be it there*

fore enacted, Ilat it sh^ be lawful for any Person duly ap-
pointed

1840. Mabiy. Cap^o:

pointed by Her Majesty by any Warrant signed Inr the Secre*
taiy at War in that Behalf, and not being a Generu Officer nor
holding any Regimental Commission, to enlist and attest, out of
Gr&tt Briiain or Ireland^ any Soldiers or Persons desirous of
enlisting ^or re-enlisUng into Her Majesty's Service; and any
Person so appointed shall have the same Powers in that Behalf
as are given to Justices in^the United Kingdom for all such
Purposes of Enlistment and Attestation ; and any Person so
enlisted or re-enlisted shall be deemed to be an attested Soldier;
and as often as any Corps shall be relieved or disbanded at any
Station beyond the S^is, it shall be lawful for any Officers
thereunto authorized by the Officer commanding in chief at such
Station to enlist as many of the Soldiers belonging to the Corps
leaving the Station as shall be willing and fit for Service for any
Corps appointed to r^nain; and every Soldier so enlisted is
hereby deemed to be discharged from his former Corps ; and
an attested Certificate of Transfer shall be delivered to the
Soldier.

XLI. And be it enacted, That all N^roes purchased by or ^'"^j'^"^* ^
on account of Her Majesty, and serving in any of Her Majesty's ^W****
Forces, [shall be considered as Soldiers having voluntarily en*>
listed in Her Majes^s Service ; provided that nothing contained
in this Act as to emisting for limited Periods of Service, or in
any other Act as to any Rules or Regulations for granting Pen*
sions or Allowances to Soldiers discharged after certain reriods
of Service, shall extend to any Negroes so purchased.

XLIL And be it enacted. That any Person duly bound as Apprcntiee
an Apprentice who shall enlist as a Soldier in Her Majes^s or JJ^^**°*^^
the Eati India Company's Service, and shall state to the Ma- .AeMhe Ez^
gistrate before whom be shall be carried and attested that he is ntioB oflni
not an Apprentice, shall be deemed guilty of obtaining Money Appnotke-
under false Pretences within the true Intent and Meaning of ^
the before-recited Acts, and shall, after the Expiration of his
Apprenticeship, whether he shall have been so convicted and
punished or not, be liable to serve as a Soldier in any of Her
Majesty's Regular Forces, or in the Forces of the East India
Company, according to the Terms of the Enlistment ; and if on
the Expiration of his Apprenticeship he shall not deliver himself
up to some Officer authori2sed to receive Recruits, may be tak^i
as a Deserter from Her Majesty's Forces.

XLIII. And be it enacted, That no Master shall be entitled CkSmtoC
to daim an Apprentice who shall enlist as a Soldier in Her Ma- ^"^""^^
jes^s or the Ecut India Company's Service, unless he shall, ^^
within One Calendar Month after such Apprentice shall have
left his Service, go before some Justice and take the Oath men*
tioned in the Schedule to this Act annexed, and produce the
Certificate of such Justice of his having taken such Oath,
which Certificate such Justice is required to give in the Form
in the Schedule to this Act annexed ; and unless such Apprentice
shall have been bound, if in Engloandy for the full Term of
Seven Years, not having been above the Age of Fourteen

when

09 C^Prflt JKWV- SYien

v)|ei9 fo bpwd, nnd, if in /NtoMf OP ip tb^ J|ri/|iA lale^, fbr dm
fyi T#'m of Five Yev» ftt tb^ least not haying be^n ftbovci
Ibe Agf pf Sixt^n wbei) 9Q bound, andi if in tSc^ion^ for the

fwU Term at 1^9#t of Four Years, by ft regular OoBtraet o?

iiidenture of Apprenticesbipi di|ly wiejndedi nigned, imd tosttfif
imcl binding on both Parties bv the I^w of Sfootkmdt pripv tq
tbe Peripd of ^listmept, and pn W suob Qoptra^t pr Indei|tni«t
in S^oikft^ sbaU» witbiQ Tbf^ Months after the CQn^inefi^enient
ef the Apprenticeship and before the Period of Efilistment»
bav^ been prod»e^ tP « Justiee of the Peao^ of the Cpunty
ifl jSMil^ wherein th# Partjea r^i4^> and ther^ ^hall have been
end^rmid thereon by sui^b Justice a Certif}qate or Deolaiatioii
signed by biiPt apwifying tbp Date wjien and the Person by
wnP>n suob C!ontraot or Indenture AbaU bav? be§n 90 produced^
wbi^b Certificate or Peclaration sq^h Justipe pf the Peaee I9
her^fc^ reqnired to endorse and sign 1 and unless sQch Appren-r
tiee sWlf when claimed by auph Master, be under Twenty«ione
Years of Atte; provided that any Master of an Api^'entiee
indentured for the 3ea Sprvice shall be entitled to claim and
recover him in tbp Form and Manner above directedi noCf^
withstanding speb Apprpntipe may b^ve been bound for a less
Term than Spveui Five, or Fonr Year« aa aforesaid; and
any such Master who shall give up the Indentures of Appren-*
ticesbip within One Month after the enlisting pf spch Apprentice
yball be enfitipd to receiyp to his own Use so much of the
Bounty payal^e to suph Reprnit, after deducting therefrom Two
(juineaa to provide bim with Necessaries, a§ shall npt have
bpen paid to such Recruit befpre Notice given of his being an
Apprentice^
FunMlipi^ nf ^IflVt And be it enactedi That no Apprentaoe claimed by
AppwuiMR bifl Mlister shall be tajcen from any Ck)rps or Recruiting Party
^ " but pnder a Warrant of a Justice residing near and within whose

Jiirifdiotian such Appi^entice shall then happen tQ be, before
whom be shall be earri^ and such Justice shall inquire into
tbp Matter upon Oati^ which Oath hp is hereby empowered to
administer, and shall require the Production and Proof pf the
Judpnture, and that Notice pf the said Warrant has been given
to the Cpmmanding 0$e(^r, and a Ck>py therepf left with some
Officer pr Nourconunissipned Oftcer of the Party, and that
such Person so enlisted declaf ed that he was no Apprentice ;
and such Justioe^if r^uirpd by spch Ofllcpr pr Non-commissioned
Ofliper, shall commit the Offender to the Common Gaol of the
said Place, and shall keep the Indenture tp be produced when
ypquirpdf and shall bind pv^ such Pprson a^ be may think proper
tp give Evidence against the Offender, who shall be tried at the
UP^t pr at the Spssipna immediately succeeding the next General
9r Quarter Spssipns of thp Cpunty, Division, pr Place, unless
the Court shall on just Cau#e put pff the Trial i and the Pro«
duption of the Indenture, with the Certificate of the Justices
that the sanm wa# provpdi shall be fiufieient Evidence of the
said Indf nture 1 anci Qv^y gucb Oflfender, in Sfiotkaylf may be

tried

l^- Mutb^ Cap, 6^ 91;

fried by the Jfi4ge Ofdipaiy m the County .or St^wnrtiy, in
web imd the )ik^ M^nnf p ^ my Person imy be tHed in
ScaSoMd for my Q^nce Dpt ipferring a Capita) Piinisbmei^t ;
pioyided that any Justice pot required p$ aforesaid tp commit
such Apprentice may deliver him to his Master.

XLV, And be it enacted* That Mystery ^haU be t^ken Mwt«fi,iBd
of every Regiment, Troopi or Company in Her M^esty'^ a^mJ^
Service^ twice at le^t in every Year, at such Times as shall
be appointed; and no Soldier shall be absent from such
Musters uplesf properly certified (o be employed on some
other Duty of the Regiment, or tp be sick, or in Prison* or on
Furlpygb; and eveiy Person who shall give or procure to be

E'ven any untrue Certificate whereby to excuse any Soldier
^r his Absence from any Muster or any other Servu:e which
be onght to attend or perform, or shall make any £Edse or
untme Muster of Man pr Horse, or shall wittingly or willingly
jdlow or sign the Muster Roll wherein such raise Muster ic
coptaineds or any Duplicate thereof, or who ^hall directly or
indirectly take or cause to be taken any Money or Gratuify
fi)r mustering any Soldiers, or for signing any Muster Rolls or
Duplicates thereof or shall hnowingly muster any Person by a
wrong Name^ upon Proof thereof upon Oath made by Two
Witnesses before a General Court-martial, shall for suph Offence
h^ fprthwitb cashiered, and shall be thereby utterly disabled to
have or held any Civil or Military Omce qr Employment
within the United Kingdom of Gr^ SriUm and Jrdond^ or
in Her Majesty's Service; and if the Person giving such
untrue Certificate shall not have any Military Commission
be shall forfeit for every such Offence the Suni of Fifty
Pounds; and any Perspn who shall falsely he mastered or
offer himself to be mustered, or lend or ffimiah any Horse to
be fyiwdy mustered, phall, upon Oath made by Two Witnesses
beSofe spme Jnstiqe of the Peace residing near the Plaee where
such Muster shall be made, forfeit the Sum of Twenty Ppunds ;
and the Informer, if he belongs to Her M^kjest/s Servip^ shall,
if he demand it, be forthwith discharged.

X]^VI. And be it enacted. That any Soldier whq shall abseni Forfeiture of
himself without I^eave, or whip shall desert, shall, on Cpnviction ^*^'
by a General or other Qourt-miM^tial, in addition to any Punish-9
ment awarded I^ 3uch Court, forfeit hi^ Pay for the D^ys op
whiqh he has se absented himself without ]Jeave, or on which
he has beep absent by sucli DesertioPi and that no Soldier shall
be entitled \o Pay pr to reckon Service towards Pay or Pep^on
vhen in Confinement under any Sentence of any Couirt, or
during ai^y Absence from Puty by Conmiitment under the
Civil Power op a Charge of any Offence cpgnizable bv i|
Civil pr a Crinnnal Conrt, or by reason of any Arrest fpr I/ebt
or as a Prisoner of War, or while ip Confinement under any
Chaige of which he shall afterwards be convicted ; and jf any
Soldier shell Absent himself withput I^eave for any Period pot
exceeding fiv^ DayPi §nd phidl not aaeount ^f the same tp

the

32

Cap«6«

MuHny.

3 Vict-

Extcnaon of
Furlough in
of Sick-

Marching
Mon^ on
Diseharge.

the Satis&ction of the G>niinandinfi^ Officer, it shall be lawful
for the said Coipmanding Officer (if he shall think fit) to order
and direct that, in addition to such other Punishment as he has
Authority to inflict, such Soldier shall also suffer Forfeiture of
his Pay for the Day or Days on which he has so absented
himself, and thereupon such Pay shall be forfeited, and such
Soldier shall not be liable to be afterwards tried by a Court-
martial for the said Offence ; provided that any Soldier who
shall be so ordered to forfeit his Pay shall have a Right to
insist on being tried by a Court-martial for his Offence instead
of submitting to such Forfeiture ; and provided also, that any
Soldier acquitted of any Offence for which he had been com-
mitted shall, upon Return to his Duty in his Corps, be entitled
to receive all Arrears of Pay growing due, and to reckon Ser-
vice during his Absence or Confinement ; and upon rejoining
Her Majesty's Service from being a Prisoner of War due Inquiry
shall be msule by a Court-martial, and if it shall be proved to
the Satisfaction of such Court that the said Soldier was taken
Prisoner without wilful Neglect of Duty on his Part, and that
he hath not served with or under or in any Manner aided the
Enemy, and that he hath returned as soon as possible to Her
Majesty's Service, he may thereupon be recommended by such '
Court to receive either the Whole of such Arrears of Pay, or
a Proportion thereof, and to reckon Service during his Absence ;
provided that it shall be lawful for Her Majesty's Secretary at
War to order or withhold the Payment of the Whole or any Part
of the Pay of any Officer or Soldier during the Period of
Absence by any of the Causes aforesaid.

XLVII. And be it enacted, That when there shall not be
any Military Officer of Rank, not inferior to Captain, or any
Adjutant of Regular Militia, within convenient Distance of
the Place where any Non-commissioned Officer or Soldier on
Furlough shall be detained by Sickness or other Casualty
rendering necessary any Extension of such Furlough, it shall
be lawful for any Justice who shall be satisfied of such Necessity
to grant an Extension of Furlough for a Period not exceeding
One Month; and the said Justice shall immediately certify
such Extension, and the Cause thereof, to the Commanding
Officer of the Corps or Detachment to which the Man belongs,
if known, and if not, then to the Agent of the Regiment, in
order that the proper Sum may be remitted to the Soldier,
who shall not during the Period of such Extension of Furlough
be liable to be treated as a Deserter; provided that nothing
herein contained shall be construed to exempt any Soldier
from Trial and Punishment, according to the Provisions of this
Act, for any false Representation made by him in that Behalf
to the said Justice, or for any Breach of Discipline committed
by him in appljring for and obtaining the said Extension of
Furlough.

XLVin. And be it enacted, That every Soldier entitled to
his Discharge shall, if then serving abroad, be sent, if he

shall

1640. MtOiny. Cap. 6. 83

shall 90 require it, to Oreai Britain or Ireland free of Expence,
and shall be entitled to receive Marching Money from the
Place of his being landed (or, if discharged at home, shall
receiTe Marching Money from the Place of his Di^harge,) to
the Parish or Place in which he shall have been originally
enlisted, or at which he shall at the Time of his Discharge
decide to take up his Residence, such Place not being at a
greater Distance firom the Place of his Discharge than the Place
of his original Enlistment

XLIX. And be it enacted. That all Commissaries upon ConmiHMrics
making up their Accounts, and also upon returning froni any ^ **^^ '^^
Foreign Service, shall make the Declaration described in the *^"°^
Schedule to this Act annexed ; which Declaration, if made in
any Part of the United Kingdom, shall be made before some
Jnstioe, and if made on Foreign Service, before the Officer
commanding in chief, or the Second in Command, or the
Quarter Master or Deputy Quarter Master General or any
Assistant Quarter Master General of the Army to which he
shall be attached* who shall respectively have Power to admi-
nister and receive the same.

L. And be it enacted. That no Secretary at War, Paymaster inue of Pbj of
General of the Army, Paymaster, or any other Officer what- **^ ^""y-
soever, or their under Officers, shall receive any Fees or
make any Deductions whatsoever out of the Pay of any Officer
or Soldier in Her Majesty's Armv or from their Agents, which
shall grow due from and after the Twenty-fifth Day of April
One thousand eight hundred and forty, other than the usual
Deductions, or such other necessary Deductions as shall from
Time to Time be required by Her Majesty's Regulations, or by
Her Majesty's Order signified by the Secretary at War ; and
every Paymaster or other Officer havinff received any Officer's
or Soldier's Pay, who shall unlawfully detain the same for the
Space of One Month, or refuse to pay the same when it shall
become due, according to the several Rates and agreeably to
the several Regulations established by Her Majesty's Orders,
shall, upon Proof thereof before a Court-martial, be discharged
fit>m his Employment, and shall forfeit One hundred Pounds,
and the Informer, if a Soldier, if he demand it, shall be dis-
charged from any further Service; provided that it shall be
lawful for Her Aiajesty's Secretary at War to give Orders for
withholding the Pay of any Officer or Soldier^ for any Period
during which such Officer, Non-commissioned Officer, or Soldier
shall be absent without Leave, or improperly absent from his
Corps and from his Duty ; or, in case oi any Doubt as to the
proper Issue of Pay, to withhold it from the Parties aforesaid
until Her Majesty's Orders shall have been signified by the
Secretary at War,

LI. And for enforcing a prompt Observance of the Rules Penalty for
and Orders for the due Appropriation of the public Funds F^^l^!^^
applicable to Army Services, and in order that a true and '^^***^"'
regular Account may be kept and rendered by the Agents for
the several Corps, be it enacted. That the said Agents are
[No. 3. iVi«f 2d.] C hereby

■/

84

Cap. 6.

Mutiny.

8 Vict

How and where
Troopemay be
bflletted.

6 Ann. (L)

bereby required to observe sucb Orders as shall from Time to
Time be given by Her Majesty under Her Sign Manual, or
by the Secretary at War, or by Her Majesty's Chief Governor
or Governors of Irdand, or by the Lord Treasurer or Commis*
sioners of the Treasury ; and if any Person, being or having
been an Agent, shall refuse or neglect to comply with sucn
Orders in relation to his Duty as Agent, or shall unlawfully
withhold or detain the Pay of any Officer or Soldier after the
Space of One Month after the Receipt thereof, he shall ibr
the First Ofience forfeit the Sum of One hundred Founds;
and, if still an Agent, for the Second Offence be discharged
from his Employment as an Army Agent, and be utterly
disabled to have or hold such Employment thereafter; or, if
he shall have ceased to be an Army Agent, shall for the
Second and every succeeding Offence forfeit the Sum of Two
hundred Pounds.

LH. ^ And whereas by Petition of Right in the Third Year
of King Charles the First, it is enacted and declaredi that the
People of the Land are not by the Laws to be burthened with
the sojourning of Soldiers against their Wills; and by a Clause
in an Act of the Parliament of England^ made in the Thirty-
first Year of the Reign of King Charles the Second, for
granting a Supply to His Majesty of Two hundred, and six
thousand four hundred and sixty-two Pounds Seventeen
Shillings and Three-pence, for paying and disbanding the
Forces, it is declared and enacted, that no Officer, Civil or
Military, nor other Person whosoever, should llienceforth
presume to place, quarter, or billet any Soldier upon any
Subject or Inhabitant of this Realm, of any Degree, Quality,
or Profession whatsoever, without his Consent^ and that it
shall be lawful for any Subject or Inhabitant to refuse to
quarter any Soldier, notwithstanding any Warrant or Bil-
letting whatsoever! And whereas by an Act passed in
Ireland in the Sixth Year of the Reign of Queen ^jmcy
intituled An Act to prevent the Disorders that may happen ly
Ae marehing of Soldiersj and providinff Carriages for ihe
Baggage of Soldiers on their Marchy it was enacted, that no
Officer, Soldier, or Trooper in the Army, nor the Servant of
any Officer, nor any Attendant on the Train of Artillery,
should at any Time thereafler be allowed any Quarters in
any Part otirdandj save only during such Time as he or
they should be and remain in some Seaport Town in order
to be transported, or during such Time as there should be
any Commotion in any Part oflrelandy by reason of which
Emergency the Army should be commanded to march from
any Part of Irdqnd to another : But forasmuch as at this
Time» during the- Continuance of this Act, there is and
may be Occasion for the marching and quartering of
Regiments, Troops, and Companies in several Parts of the
United Kingdom of Great Britain and Ireland^* be it enacted.
That it shall be lawful for all Constables of Parishes and
Places^ and other Persons specified in this Act, in England

and

1840. Mutiny. Cap«6« 35

and heUmd^ and they are hereby required, to billet the Officers
and Soldiers in Her Majesty's Service^ and Persons receiving
Psy in Her Majesty's Army, and tlie Horses belonging to Her
Majesty's Cavalry, and also all Staff and Field Officers Horses,
and all Bat and Baggage Horses belonging to any of Her
Majesty's other Forces, when on actual Service, not exceeding
for each Officer the Number for which Forage is or shall be
allowed by Her Majesty's Regulations, in Victualling Houses
and other Houses specified in this Act (taking care in Ireland
not to billet less than Two Men in any One House, except
only in case of billetting Cavalry as specially provided) ; and
that thev shall be received by the Occupiers of such Houses in
which they are so allowed to be billetted, and be furnished by
sodi Victuallers with proper Accommodation in such Houses,
or if any Victualler shall not have sufficient Accommodation in
the House upon which a Soldier is billetted, then in some good
and sufficient Quarters to be provided by such Victualler in tlie
inunediate Neighbourhood, and in Engbmd with Diet and Small
Beer, and with Stables, Hay, and Straw for such Horses as afore-
said, paying and allowing ror the same the several Rates herein-
after provided ; and at no Time when Troops are on a March
shall any of them, whether Infantry or Cavalry, be billetted
above One Mile from the Place mentioned in the Route ; and
in all Places where Cavalry shall be billetted in pursuance of
this Act, the Men and their Horses shall be billetted in one
and the same House, except in case of Necessi^; and in no
other Case whatsoever shall there be less than One Man bil-
letted where there shall be One or Two Horses, nor less than
Two Men where there shall be Four Horses, and so in pro-
portion for a greater Number; and in no Case shall a Man and
his Horse be billetted at a greater Distance from each other
than One hundred Yards; and the Constables are herebv
required to billet all Soldiers and their Horses on their March
in a just and equal Proportion upon the Keepers of all Houses
within One Mile of the Place mentioned in the Route, although
some of such Houses may be in the adjoining Coun^, in like
Manner in every respect as if such Houses were locally situate
within such Place; provided that nothing herein contained
shall be construed to extend to authorize any Constable to
billet Soldiers out of the County to which such Constable
belongs, when the Constable of the adjoining County shall be
present and undertake to billet the due Proportion of Men
in such adjoining County; and no more Billets shall at any
Time be ordered than there are effective Soldiers and Horses
present to be billetted; all which Billets, when made out by
snch Constables, shall be delivered into the Hands of the Com-
manding Officer present ; and if any Person shall find himself
aggrieved by having an undue Proportion of Soldiers billetted
in bis Mouse^ and shall prefer his Complaint, if against a
Cbnstable or other Person not being a Justice^ to One or
more Justices, and if against a Justice, then to Two or more
Justices^ within whose Jurisdiction such Soldiers are billetted,

C 2 such

36 Cap. 6. Mutiny. 3 Vict.

such Justices respectively shall have Power to order such of the
Soldiers to be removed, and to be billetted upon other
Persons, as they shall see Cause; and when any of Her
Majesty's Cavalry or any Horses as aforesaid shall be billetted
upon the Occupiers of Houses in which Officers or Soldiers '
may be quartered by virtue of this Act, who shall have no
Stables, then and in such Case, upon the written Requisition
of the Commanding Officer of the Regiment, Troop, or De-
tachment, the Constable is hereby required to billet the Men
and their Horses, or Horses only, upon some other Person or
Persons who have Stables by this Act liable to have Officers
and Soldiers billetted iipon them ; and upon Complaint being
made by the Person or Persons to whose House or Stables
the said Men and Horses shall have been so removed to Two
or more Justices within whose Jurisdiction such Men or Horses
shall be so billetted, it shall be lawful for such Justices to order
a proper Allowance to be paid by the Person relieved to the
Persons receiving such Men and Horses, or to be applied in
furnishing the requisite Accommodation; and Commanding
Officers may exchange any Man or Horse billetted in any Place
with another Man or Horse billetted in the same Place, for
the Benefit of the Service, provided the Number of Men and
Horses do not exceed -the Number at that Time billetted on
such Houses ; and the Constables are hereby required to billet
such Men and Horses so exchanged accordingly; and it
shall be lawful for any Justice, at the Request of any Officer
or Non-commissioned Officer commanding any Soldiers re-
quiring Billets, to extend any Routes or enlarge the Districts
within which Billets shall be required, in such Manner as
shall appear to be most convenient to the Troops; provided,
that, to prevent or punish all Abuses in billetting Soldiers, it
shall be lawful for any Justice within his Jurisdiction, by
Warrant or Order under his Hand, to require any Constable
to cive him an Account in Writing of the Number of Officers
and Soldiers who shall be quartered by such Constable, toge-
ther with the Names of the Persons upon whom such Officers
and Soldiers are billetted, stating the Street or Place where
such Persons dwell, and the Sign, if any, belonging to those
Houses ; and it shall be lawful to billet Officers and Soldiers
in Scotland according to the Provisions of the Laws in force in
Scotland at the Time of its Union with England; and no Officer
shall be obliged to pay for his Lodging where he shall be re-
. gularly billetted, except in the Suburbs of £(2tni«r^A,
BiDetting the LHL And be it enacted. That the Officers and Soldiers of

SlTwiSiSl ^^"^ Majesty's Foot Guards shall be billetted within the City

and Liberties of Westminster^ and Places adjacent, lying in the
County of Middlesex (except the City of London) and in the
County of Surrey^ and in the Borough of Southwarh^ in the
same Manner and under the same Regulations as -in other
Parts of Englandj in all Cases for which particular Provision
is not made by this Act; and the High Constable shall, on
Receipt of the Order for billetting Soldiers, deliver Precepts

to

1840. Mutiny. Cap. 6. 37

to the several Constables within their respective Divisions, in
parsuance of which the said Constables shall billet such Officers
and Soldiers equally and proportionally on the Houses subjected
diereto by this Act ; and the said Constables shall at every
General Sessions of the Peace to be holden for the said City
and Liberties, Counties and Borough respectively, make ana
deliver to the Justices then in open Session assembled, upon
Oath, which Oath the said Justices are hereby required to
administer, Lista^ signed by them respectively, of the Houses
subject by this Act to receive Officers and Soldiers, together
with the Names and Rank of all Officers and Soldiers billetted
on each respectively, which Lists shall remain with the respec-
tive Clerks of the Peace for the Inspection of all Persons,
without Fee or Reward ; and such Clerk shall forthwith from
Time to Time deliver to any Persons who shall require the
same true Copies of -any such Lists, upon being paid Two-pence
per Sheet for the same, each Sheet to contain at the least One
hundred and fifty Words.

LIV. And be it enacted. That no Justice having or exe- Military OiB-
cuting any Military Office or Commission in any Part of the oen oot to act
United Kingdom shall, directly or indirectly, be concerned in JJuJ^S^"*
the biiietting or appointing Quarters for any Soldier in the
Regiment, Troop, or Company under the immediate Com-
mand of such Justice, but that all Warrants, Acts, or Things
so appointed by such Justice for or concerning the same shall
be void.

LV. And be it enacted. That the Innholder or other AllowuiMto
Person on whom any Soldier is billetted in England shall, if Inn^Mpm-
required by such Soldier, furnish him for every Day on the
March, and for a Period not exceeding Two Days when halted
at die intermediate Place upon the March, and for the Day of
the Arrival at the. Place of final Destination, with One hot Med
in each Day, the Meal to consist of such Quantities of Diet and
Small Beer as may be fixed by Her Majesty's Regulations, not
exceeding One Pound and a Quarter of Meat previous to being '
dressed. One Pound of Bread, One Pound of Potatoes or other
Vegetables, and Two Pints of Small Beer, and Vinegar, Salt,
and Pepper, and for such Meal the Innholder or other Person
furnishing the same shall be paid the Sum of Ten-pence; and
all Innholders and other Persons on whom Soldiers may be
billetted in England^ except when on the March, and entitled to
be furnished with the hot Meal as aforesaid, shall furnish such
Soldier with Candles, Vinegar, and Salt, and shall allow them
the Use of Fire, and the necessary Utensils for dressing and
eating their Meat, and shall be paid in consideration thereof
the Sum of One Halfpenny ;7fr Diem for each Soldier; and the
Sum to be paid to the Innholder or other Person on whom
any of the Horses belonging to Her Majesty's Forces shall be
bSl^tted, in Englani^kr Hay and Straw, shall be Ten-pence /Mr
Diem for each Horse, and in Ireland the Sum to be paid for
Forage to the Innholder or other Person for Horses billetted
by virtue of this* Act shall be the Rate established by the Lord

C 3 Lieutenant

ae

C^6.

!&(%.

8 Vict.

Definition of
Terms.

Powers and
Regulations as
to Bilk'tx.

LieaCemuit or other suiBcient Authority from Time to
the same to be radiated by the average Rate of Contracts for
JForage in Lrdand; and for the Use of Stables in Irdamdy when
snch Horses are provided with Hay and Straw by Ccmtiaety
and not by the Occupiers of the Houses on which they are
billetted, the Sum of Four^pence per Week for each Horse shall
be paid ; and every Officer to whom it belongs to receive or
who does actually receive the Pay for any Officers or Soldiers
shall every Four Days, or before they shall quit their Quarters
if they shall not remain so long as Four Days^ settle the just
Demands of all Victuallers or other Persons upon whom such
Officers and Soldiers are billeited, out of their Pay and Sub-
sistence! before any Part of the said Pay or Subsistence be
distributed to them respectively ; and if any Officer as aforesaid
shall not pay the same^ upon Complaint, and Oath made thereof
by any Two Witnessesi at the next Quarter Sessions for the
County or City where such Quarters were situated, the Secre-
tary at War b hereby required (upon Certificate of the Justices
before whom such Oath was made of the Sum due upon such
Account^ and the Persons to whom the same is owing,) to give
Orders to the Regimental Agent to pay the said Sums, and to
charge the same against sudi Officers; and in case of any
Soldier being suddenly ordered to march, and that the respective
.Commanding Officers are not enabled to make Payment of the
Sums due for the Lodging of the Men and Stabling for the
Horses, every such Officer shall, before his Departure^ make up
the Account with every Person upon whom such Soldier may
have been billetted, and sign a Certificate thereof; which
Account and Certificate shall be transmitted to the Agent of
the Regiment, who is hereby required to make immediate
Payment thereof, and to cliarge the same to the Account of
such Officer.

LVL And be it enacted, That all the Powers and Provisions
in this Act contained relating to England shall be construed to
extend to Woks and the Town of BeruAchrttpat^Tweed ; and all
Powers and Provisions relating to the British Isles shall be
construed to extend to Guenuet/f Jeneg^ Mdemey^ SorA, and
ilan, and all Isles thereto and to Enghmd and Ireland belong-
ing; and all Powers and Provisions relating to Soldiers shsul
be construed to extend to Non-commissioned Officers, unless
when otherwise provided; and all Powers and Provisiona
relating to Justices shall be construed to extend to all Magis-
trates authorized to act as such in their respective Jurisdictions^
and to Chief Magistrates of exclusive local Jurisdictions; and
all the Powers given to and Regulations made for the Conduct
of Constables in relation to the billetting of Officers and
Soldiers, and all P^ialties and Forfeitures for any N^lect
thereof, shall extend to all Tithingmen, Headborouffhs, and
such like Officers, and High Constablea and other Chief Officers
and Magistrates of Cities, Towns, Villages, Hamlets, Pari^es,
and Places in England and Ireland^ who shall act in the Execu-
tion of this Act in relation to billetting ; and all Provisions for

blletting

1846. JCMr%. Ci^e. S6

Inlleltiiig Offioen and SoMten in Victudling Houses shall
ertend and apply to all Inn% Livery Stables, Alehouses, and
to the Houses of SeUers of Wine by Retail, whether Britiah or
Foreign, to be drank in their own Houses, or Places thereunto
bdonging, and to all Houses of Persons selling Brandy, Strong
Waters, Cider, or Medieglin, by Retail, in England and Irehmd ;
and in Irdemdi when there shall not be found sufficient Room
in such Houses, then to billetting Scoters in such Manner as
has been heretofore customary; provided that no Officer or Bzemptioiis
Soldier shall be billetted in EngUmd in any private Houses, or ^'^ ^^^
in any Canteen hdd or occupied under the Authority of the
Ordnance Department, or upon Persons who keep Taverns
only, being Vintners of the City of London^ admitted to their
Freedom of the said Company in right of Patrimony or Ap-
prenticeship, notwithstanding such Persons who keep such
Taverns only have taken out Victualling Licences, nor in the
Houses of any Distiller kept for distilling Brandy and Strong
Waters, nor in the House of any Storekeeper whose principal
Dealing shall be more in other Goods and Merchandise than in
Brandy and Strong Waters, so as such Distillers and Shop-
keepers do not permit Tippling in sudi Houses, nor in the
House of Residence in any Part of the United Kingdom of
any Foreign Consul duly accredited as such.

LVn. And be it enacted, That for the regular Provision Supply of
of Carriages for Her Majestys Forces, and their [Baggage in CMriag**
tiieir Marches, in England and Ireland^ all Justices of the Peace '
within their several Jurisdictions, being duly required there*
unto by an Order 6om Her Majesty, or the General of Her
Fofces, or the Master General or Lieutenant General of Her
Majesty's Ordnance^ or other Person duly authorised in that
Behalf shall, on Production of such Order to such Justices by
some Officer or Non-commissioned Officer of the Regiment so
ordered to march, issue a 'Warrant to any ConstaUe having
Authority to act in any Place from, through, near, or to which
die Troop shall be ordered to march, (for each of which
Warrants the Fee of One Shilling only shall be paid,) requiring
bnn to provide the Carriages, Horses, and Oxen, and Drivers
therdn mentimied, and allowing suffici^it Time to do the
same, specifying the Places from and to which the said
Carriages shall travel, and the Distance between the Places, for
whidi Distance only so specified Payment shall be demanded,
and which Distance shall not, except in Cases of pressing
Eoieigency, exceed a Day's March prescribed in the Order
of Route, and shall in no Cases exceed Twenty^five Miles ;
and the Constables receivii^ such Warrants shall order such
Persons as they shall think proper, baring Carriages, to furnish
the requisite Supply, who are hereby required to furnish the
same accordingly; and when suflicient Carriages cannot be
procured within the proper Jurisdiction^ any Justice of the neait
adjoining Jurisdiction shall, by a like Course of Proceedii^
sopply the JJe&tmicy ; and in order that the Burthen of pro-
viding Carriage may fidl equally, and to prevent Inconvenience

C 4 arising

40 Capb6. Jlftffii^. 3Vit^-

arising from there being no Justice near the Place where Troops

may be quartered on the March, any Justice residing nearest

to such Flace may cause a List to be made out once in every

•Year of all Persons liable to furnish such Carriages, and of

the Number and Description of their said Carriages, (whidi

lasts shall at all seasonable Hours be open to the Inspection of

the said Persons,) and may by Warrant under bis Hand

authorize the Constable within his Jurisdiction to give Orders

to provide Carriages, without any special Warrant for that

Purpose^ which Orders shall be valid in all respects; and all

Orders for such Carriages shall be made from such Lasts in

r^ular Rotation, as far as the same can be done.

Rates to be LYHL And be it enacted. That in every Case in which the

J?jf^^"' whole Distance for which any Carriage shall be impressed shall

Modeofpxo- be under One Mile the Rate of a full Mile shall be piud;

ceeding. and the Rates to be paid for Carriages impressed shall be, in

England^ for every Mile which a Waggon with Four or more
Horses, or a Wain with Six Oxen, or Four Oxen and Two
Horses, shall travel. One Shilling; and for every Mile any
Waggon with narrow Wheels, or any Cart with Four Horses^
carrying not less than Fifteen Hundred Weight, shall travel.
Nine-pence; and for every Mile any other Cart or Carriage
with less than Four Horses, and not carrying fifteen Hundred
Weight, shall travel. Sixpence; and in IrAmdi for every
Hundred Weight loaded on any Wheel Carriage, One Half-
penny per Mile ; and in EngUmd such ftirther Kates may be
added, not exceeding a total Addition per Mile of Four-pence,
Three^pence^ or Two*pence, to the respective Rates cf One
Shilling, Nine-pence, or Sixpence^ as may seem reasonable to
the Justices assembled at General Sessions for their respective
Districts, or to the Recorder of any Municipal City, Borough,
or Town, Corporate or not Corporate; and the Order of suMsh
Justices or Recorder at Sessions shall specify the avera^ Price
of Hay and Oats at the nearest Market Town at the Time of
fixing such additional Rates, the Period for which the Order
shall be enforced not exceeding Ten Days beyond the next
General Sessions ; and no such Order shall be valid unless a
Copy thereof signed by the presiding Magistrate and One
other Justice, or by the Recorder, shall be transmitted to the
Secretary at War within Three Days after the making thereof;
and also in Englandj when the Day's March shall exceed
Fifteen Miles, the Justice granting his Warrant may fix a
further reasonable Compensation, not exceeding the usiud Rate
of Hire fixed by thi^ Act ; and when any additional Rates or
Compensation shall be granted, the Justice shdl insert in his
own Hand in the Warrant the Amount diereof, and the Date of
the Order of Sessions, if fixed by Sessions, and the Warrant
shall be givei to the Officer commanding as his Voucher;
provided that the Officer or Non-commissioned Officer demand-
ing Carriages by virtue of the Warrant of a Justice shall, in
Englmd^ pay the proper Sums into the Hands of the Constables
providing .Carriages, who shall give Receipts for the same on

unstamped

1640. Muiimf. Cap.6« 41

unstamped Paper; and, in Irdandf the OflSoers or Non-com-
missioned Officers a» aforesaid slmU pay to the Owners or
Drirers of the Carriages ; and One Third rart of such Payment
shaD be made before the Carriage be loaded, and all the said
Pkymenis in Ireland shall be made, if required, in the Presence
of a Justice or Constable ; provided that no Carriage shall be
liable to carry more than Thir^ Hundred Weight in EmgUmd^
and in Irdcmd no Car shall be liable to carry more than Six
Hundred Weight, and no Dray more than Twelve Hundred
Weight; but the Owner of such Carriages in Ireland consenting
to cany a greater Weight shall be paid at the same Rate for
every Hun£red Weight of the said Excess; and the Owners
of such Carriages in Ireland shall not be compelled to proceed,
though with any less Weight, under the Sum of Three-pence
a Mile for each Car and Sixpence a Mile for each Dray;
and the Loading of such Carriages in Ireland shall be first
wd^ed, if required, at the Expeuce of the Owner of the
tlarriage, if the same can be done in a reasonable Time, without
Hindrance to Her Majesty's Service ; and the providing and

Eying for Carriages in Seodand shall be regulated by the
iw in force at the Time of the Union with Enff land ; jroTided
thatm Cart with One or more Horses, for which the Furnisher
shall reoeiye Nin^pence a Mile, shall be required to carry
Fifteen Hundred Weight at the least; provided that no
Penalties or Forfeitures in any Act relating to Highways or
Turnpike Roads in the United Kingdom shall apply to the
Number of Horses and Oxen, or Weight of Loading of the
aforesaid Carriages, which shall not on that Account be stopped
or detained; and whenever it shall be necessary to impress Car-
riages for the March of Soldiers from Dublin^ at least Twenty-
four Hours Notice of such March, and in case of Emergency
as long Notice as the Case will admit, shall be given to the
Lord Mayor of DuMtn, who shall summon a proportional
Number of Cars and Drays, at his Discretion, out of the
licensed Cars and Drays and other Cars and Drays within
the County of the said City, and they shall by Turns be
employed on this Do^, at the Prices and under the Regular
tions herein-before mentioned; and no Country Gars, Ih«ySi
or other Carriages coming to Markets in Ireland shall be
detained or employed against the Will of the Owners in
cariying the Baggage of the Army on any Pretence what-
soever.

LIX. And be it enacted, That it shall be lawful for Her Supply of Car-
Majesty, or the Lord Lieutenant or Chief Governors of ^f&I^J^!?
hrdand, by Her or their Order, distinctly stating that a Case ^'^**™^'
of Emergency doth exist, signified by the Secretary at War,
or, if in Irdaadj by the Chief Secretary or Under Secretary,
or the First Clerk in the Military Department, to authorize
any General or Field Officer commanding Her Majesty's Forces
in any District or Place, or to the Chief Acting Agent for the
Supply of Stores and Provisions, by Writing under his Hand,
reciting such Order of Her Majesty or Lord Lieutenant or

Chief

42 Gftp.6. Mutit^. 3Vicr.

Chief Governor aforesaidt to require all Jusdoes within their
several Juriadictions in England and Ireland to issue their
Warrants for the Provision not only of *Waggon8» Wains,
Carts, and Cars kq[>t by or bdonging to any Person and
for any Use whatsoever, but also of Saddle Horses, Coaches,
Post Chaises, Chaises, and other Four-wheeled Carriages kept
for Hire, and also of Boats, Barges, and other Vessds used
for the Transport of any Commodities whatsoever upon any
Canal or Navigable River, as shall be mentioned in the said
Warrants, therein specifying the Place and Distance to which
such Carriages or Vessels shall go; and on the Production of
such Requisition to such Justice by any Officer of the Corps
ordered to be conveyed, or by any Officer of the Commissariat
or Ordnance Department, such Justice shall take all the same
Proceedings in regard to such additional Supply so required
on the said Emergency as he is by this Act required to take
for the ordinary Provision of Carriages; and all Provisions
whatsoever of this Act, as regards tlie procuring of the or-
dinary Supply of Carriages, and the Duties of Officers and
Non-commissioned Officers, Justices, Constables, and Owners
of CaiTiages, in that Behalf, shall be td all Intents and Pur-
poses applicable for the providing and Payment, according to
the Rate of Posting or of Hire usually paid for such other
Description of Carriages or Vessels so required on Emergency,
according to the Length of the Journey or Voyage in each
Case, but making no Allowance for Post Horse Duty, or
Turnpike, Canal, River, or Lock Tolls, which Duty or Tolls
are hereby declared not to be demandable for such Carriages
and Vessels while employed in such Service or returning
therefrom; and it shall be lawful to convey thereon, not only
the Baggage, Provisions, and Military Stores of such Regiment
or Detachment, but also the Officers, Soldiers, Servants,
Women, Children, and other Persons of and belonging to the
same.
JinUoescm- LX« And be it enacted. That it shall be lawful for the

^T^^r Justices of the Peace assembled at their Quarter Sessions to
tables for Sums direct the Treasurer to pay, without Fee^ out of the public
eipended by Stock of the Couuty or Riding, or if such public Stock be
^^°*' insufficient, then out of the Monies which the said Justices shall

have Power to raise for that Purpose in like Manner as for
County Gaols and Bridges, such reasonable Sums as shall have
been expended by the Constables within their respective
Jurisdictions for Carriages and Vessels, over and above what
was or ought to have been paid by the Officer requiring the
same, Regard being had to the Season of the Year and Con-
dition of the Ways by which such Carriages and Vessels are to
pass.
Routes in LXL And be it enacted, That it shall be lawful for the

Ireland. 1^,.^ Lieutenant or other Chief Governor for the Time

being of Irdaaid to depute^ by Warrant under his Hand

and Seal, some proper Person to sign Routes in Cases

of Emergency, for the marching of any of Her Majesty's

* ' Forces

18M. MtOb^. Cap.6. 43

Eoraes in Irekmdf in the Name of sacfa Lord Lieutenant or
Chief Govomor*

LXIL And be it enncted, That all Her Majeaty'f Oflfeers TbUt.
and SoldierBy being in proper Staff or R^mental or Military
Unibmiy Dress or Undresst and their Hones, (but not when
passinff in any hired or private Vehicle^) and all Carriages
and Horses belonging to Her Mqestyt or employed in Her
Service, when conveying Persons or Baggage under the Pro-
visions of this Act, or returning therefrom, and all Recruits
marching by Route, shall be exempted from Payment of any
Duties and Tolls on embarking or disembarking from or upon
any Pier, Wharf, Quay, or Landing Place, or passing Turnpike
Roads or Bridges, otherwise demandiU)le by virtue of any Act
already passed or hereafter to be passed; and any Toll Col-
lector who shall demand and receive Toll from any of Her
Majes^s OflScers or Soldiers, they being in proper Staff or
Regimental or Military Uniform, Dress or Undress^ or for
their Horses, every such Toll Collector shall forfeit and pay
any Sum not exoc^ing Five Pounds for every such Offence^
for which Forfeiture and Penaltv he shall be prosecuted before
a Justice of the Peace; provided that nothing herein con-
tained shall exempt any Boats, Barges^ or other Vessels employed
in convejring the said Persons, Horses, Baggage, or Stores
along any Canal, from Payment of Tolls, in like Manner as
other Boats, Barges, and Vessels are liable thereto, except when
employed in Cases of Emergency as herein-before enacted*

LXIU. And be it enacted, That when any Soldiers on Fenicfc
Service have Occasion in their March to pass regular Ferries .
in Seoikmdf the Officer commanding may at his Option pass
ov^ with his Soldiers as Passengers, and shall pay for hionself
and ^ach Soldier One Half only of the ordinary Rate pavable
by single Persons, or may hire the Ferry Boat for himseli and
his Party, debarring others for that Time, and shall in all such
Cases pay only Half the ordinary Rate for such Boat.

LXI V. And be it enacted. That if any Constable or other PenaltMi upon ;
Person, who by virtue of this Act shall be employed in billet* ^^^^^^^^
ting any Officers or Soldiers in any Part of the United agiinat'the
Kingdom* shall presume to billet any such Officer or Soldier Lswt whring
in any House not within the Meaning of this Act, without ^^j!^"^
the Consent of the Owner or Occupier thereof; or shall *'*™"*^
neglect or refuse to billet any Officer or Soldier on Duty,
when thereunto required, in such Manner as is by this Act
directed, provided sufficient Notice be given before the Arrival
of such Troops; or shall receive^ demand, or agree for any
Money or Reward whatsoever, in order to excuse any Person
from receiving such Officer or Soldier; or shall quarter any
of the Wives, Children, Men or Maid Servants of any Officers
or Soldiers in any such Houses, against the Consent of the
Occupiers ; or shall neglect or refuse to execute such Warrants
of the Justices as shall be directed to him for providing Car-
riages, Horses, or Vessels, or shall demand more than the
lcipil Rates for the same ; or if any Person appointed by such

Cpnstable

44 Cap. 6. Mutiny. dVicr.

Constable to provide Carriages, Horses, or Vessels shall do
any Act or Thing by which the Execution of such Warrants
shall be hindered ; or if any Constable shall neglect to deliver
in to the Justices at Quarter Sessions Lists of Officers and
Soldiers of the Foot Guards quartered according to the Pro-
visions of this Act, or shall cause to be ddivered defective Lists
of the same ; or if any Person liable by this Act to have any
Officer or Soldier quartered upon him shall refuse to receive
and to affisrd proper Accommodation or Diet in the House in
which such Officer or Soldier is quartered, and to furnish the
several Things directed to be furnished to Officers and Soldiers,
or shall neglect or refuse to furnish good and sufficient Stables,
together with good* and sufficient Hay and Straw, for each
Horse, at the Rate established by this Act, and in such Quanti-
ties as shall be fixed by Her Majesty's Regulations, not exceed-
ing Eighteen Pounds of Hay and Six Pounds of Straw per
Dtem for each Horse ; or if any Innkeeper or Victualler not
having good and sufficient Stables shall refuse to pay over to
the Person or Persons who may provide Stabling such Allow-
ance by way of Compensation as shall be directed by any
Justice of the Peace, or shall pay any Sum or Sums of Money to
any Soldier on the March in lieu of furnishing in Kind the Diet
and Small Beer to which such Soldier is entitled; such Con-
stable, Victualler, or other Person respectively shall forfeit for
every such Offence, Neglect, or Refusal, any Sum not exceed-
ing Five Pounds nor less than Forty Shillings.
Penalties upon LXV. And be it enacted. That if any Military Officer shall
the Military ao take upon himself to quarter Soldiers otherwise than is limited
° ^ '^' and allowed by this Act, or shall use or offisr any Menace or

Compulsion to or upon any Mayors, Constables, or other Civil
Officers, tending to deter and discourage any of them from
performing any Part of their Duty under this Act, or tending
to induce any of them to do any thing contrary to their said
Duty, such Officer shall for every such Offence (being thereof
convicted before any Two or more Justices of the County by
the Oath of Two credible Witnesses) be deemed and taken
to be ipso Jado cashiered, and shall be utterly disabled to hold
any Military Employment in Her Majesty's Service ; provided
that a Certificate thereof shall be transmitted by one of the
said Justices to the Judge Advocate in Londany who is hereby
required to certify the same to the Commander in Chief and
Secretary at War, and that the said Conviction be affirmed at
some Quarter Sessions of the Peace of the said County held
next after the Expiration of Three Months after such Cer-
tificate of the Justice shall have been transmitted as aforesaid ;
and if any Military Officer shall take, or knowingly sutler to
be taken, any Money or Reward of any Person for- excusing the
quartering of Officers or Soldiers, or shall billet any of the
Wives, Children, Men or Maid Servants of any Officer or Sol-
dier in any House, against the Consent of the Occupier, he shall,
upon being convicted thereof before a General Court-martial, be
cashiered ; and if any CMScer shall constrain any Carriage to

travel

1840. MuHny. Cap. 6. 45

travel beyond the Distance specified in the Justice's Warrant,
or shall not discharge the same in due Time for their Return
Home on the same Day, if it be practicable, except in the Case
of Emei^ncy, for which the Justice shall have given Licence,
or shall compel the Driver of any Carriage to take up any
Soldier or Servant (except such as are sick) or any Woman
to ride therein, except in Cases of Emergency as aforesaid, or
shall force any Constable, by threatening Words, to provide
Saddle Horses for himself or Servants, or shall force. Horses
from their Owners, or in Ireland shall force the Owner to
take any Loading until the same shall be first duly weighed,
if the same can be done within reasonable Time, or shall, con-
tnuy to the Will of the Owner or his Servant, permit any
Person whatsoever to put any greater Load upon any Carriage
than is directed by this Act, such Ofiicer shall forfeit for every
Offence any Sum not exceeding Five Pounds nor less than
Forty Shillings.

LXVL And be it enacted^ That any Person who shall Penalty on pur-
milawfully have in his or her Possession or Keeping, or who cha«ng Soidien
shall knowingly detain, buy, exchange, or receive from any ®<*'*"**^ ^•
Soldier or Deserter, or any other Person, on any Pretence
whatsoever, or shall solicit or entice any Soldier, or shall be
employed by any Soldier, knowing him to be such, to sell any
Arms^ Ammunition, Clothes, or Military Furniture, or any Pro-
visions, or any Sheets or other Articles used in Barracks,
provided under Barrack Regulations, or Regimental Neces-
saries, or any Article of Forage provided for any Horses be- r
longing to Her Majesty's Service^ or shall change the Colour of
any Clothes as aforesaid, shall forfeit for every such Offence
any Sum not exceeding Twenty Pounds, together with Treble
Value of all or any of the several Articles of which such Offen-
der shall so become possessed ; and if any Person having been
so convicted shall afterwards be guilty of any such Offence,
and shall be convicted thereof by One or more Justices of the
Peace, e\*ery such Offender shall for every such Offence, in
addition to the Forfeiture of Treble Value of all or any of
the several Articles of which such Offender shall have so become
possessed, be committed to the Common Gaol or House of Cor-
rection, lliere to be imprisoned only, or to be imprisoned and
kept to hard Labour for such Term not exceeding Six Calen-
dar Months as the convicting Justice or Justices shall think fit;
and upon any Information against any Person for a Second or
any subsequent Offence a Copy of the Conviction, certified by
the proper Officer having the Care or Custody of such Convic-
tk)n, or any Copy of the same proved to be a true Copy, shall
be sufficient Evidence to prove a Conviction of the former
Offence; and if any credible Person shall prove on Oath before
a Justice of the Peace, or Person exercising like Authority
according to the Laws of the Part of Her Majesty's Dominions
in which the Offence shall be committed, a reasonable Cause to
suspect that any Parson has in his or her Possession, or on his
or her Premises, any Property of the Description herein-before

described.

46

Cap. 6.

Mutiny.

3 Vict.

Penalty on
unlawftil re-
cruiting.

«.

Penalty oo
trafficking in
CommiMJom.

Penalty cm
killing Gamfli

deseribedy on or with respect to which any such Offence shall
have been committed, the Justice may grant a Warrant to search
for SQch Property, as in the Case of stolen Groods: IVovided
always, that it shall be lawful for the Legislature of each or of
any of Her Majesty's Colonies, on the Recommendation of the
Officer for the Time being administering the Government of
any such Colony, but not otherwise, to nuike Provision by Law
for reducing such pecuniary Penalty, if not exceeding Twenty
Pounds, to such Amount as may to any such Legislature ap-
pear to be better adapted to- the Ability and pecuniary Means
of Her Majesty's Subjects, and others inhabiting the sam^
which reduced Penalty shall be sued for and recovered in such
and the same Manner as the full Penalty hereby imposed : Pro-
vided always, that it shall be competent to Her Majesty, or
to the Person administering the Government of any such
Colony on Her Majesty's Behalf, to exercise, in respect of the
Laws so to be passed lis aforesaid, all such Powers and Autho-
rities as are by Law vested in ^er Majesty or in any such
Officer as aforesaid in respect of any other Law made or enacted
by any such Colonial Legislature.

LaVIL And be it enacted, That all the Persons (except
such Recruiting Parties as may be stationed under Military
Command) who shall cause to be advertised, posted, or dis-
persed Bills for the Purpose of procuring Recruits or Substitutes
for the Line, Embodied Militia, or Bad India Company's Ser-
vice, or shall open or keep any House, Place of Rendezvous,
or Office, or receive any Person therein under such Bill or
Advertisement, as connected with the Recruiting Service, or
shall directly or indirectly interfere therewith without Per-'
mission in Writing from the Adjutant General, or from the
Directors of the East India Company, (as the Case may be,)
shall forfeit for every such Offence the Sum of Twenty Pounds.

LXVHL And be it enacted. That every Person, not being
an authorized Army Agent, who shall negociate or act as Agent
for and in relation to the Purchase, Sale, or Exchange of any
Commission in Her Majestv's Forces, shall forfeit for every such
Offence the Sum of One hundred Pounds ; and every Person,
whether authorized or not as an Army Agent, who shall receive
any Money or Reward in respect of any such Purchase, Sale, or
Exchange, or shall negociate or receive for any Purpose wliat-
soever any Money or Consideration where no Price is allowed
by Her Majesty's Regulations, or any Money or Consideration
exceeding the Amount so allowed, shall forfeit On^ hundred
Pounds, and Treble the Value of the Consideration where the
Commission is not allowed to be sold, or Treble the Excess of
such Consideration beyond the regular Price.

LXIX. And for the better Preservation of Game and Fish
in or near such Places where any Officers shall at any Time be
quartered, be it enacted. That every Officer who shall, without
Leave in Writing from the Persons entitled to grant such Leave,
take^ kill^ or destroy any Game or Fish in the United Kingdom
of Qreat Britain and Irdand^ and upon Complaint thereof shall

bc^

1840. MmHi^ Cap.e. 47

be, upon Oath of One or more credible WitnesseB, convicted
bdbre eot Justice, shall for every such OiTence forfeit the Sum
of Five Pounds.

LXX. And be it enacted. That no Officer of Her Majest/s Officen not
Forces residing in Barracks or elsewhere under Military Law liable to take
shall be deemed liable to have any Parish Poor Child brand ^t'^J^^

.... ^ prenticcfl.

Apprenaoe to mm.

LXXL And be it enacted. That any Justice in the United Mode of re-
Kingdom, within whose Jurisdiction any Soldier in the Regular cording a Sol-
Army, or on the permanent Staff of the Militia, having a Wife ^>«'»«**^
or Child, shall be billetted, may summon such Soldier before "^"
him in the Place where he is billetted, (which Summons he is
hereby directed to obey,) and take his Examination in Writing,
upon Oath, touching the Place of his last legal Settlement in
Etiffland, and such Justice shall give an attested Copy of such
Eaimination to the Person examined, to be by him delivered
to his Commanding Officer, to be produced when required ;
whidi said Examination and such attested Copy shall be at any
Time admitted in Evidence as to such last l^al Settlement
before any Justice or at any General or Quarter Sessions,
although soch Soldier be dead or absent from the Kingdom ;
provided that in case any Soldier shall be again summoned to
make Oath as aforesaid, then, on such Examination or such
attested Copv thereof being produced by him or by any other
Penon on bis Behalf such Soldier shall not be obliged to take
any other Oath with regard to his legal Settlement, but shall
leave a Copy of such ijuimination, or a Copy of sudi attested
Copy of Examination, if required.

LXXIL And be it enacted. That the Churchwardens of Notification to
ev^ Parish in Enghmd and Irelandt and the Constables or Parishes of
other Officers of every Parish or Place in Scotland^ on receiving ^^°^ **?
a Notification from the Secretary at War of the Names of any soldiers.
Soldiers belonging to the said Parish who have, for meritorious
Conduct in the Army, received Her Majesty's special Appro-
bation, or who, in consequence of Misconduct, have been
dismissed Her Majesty's Service with Disgrace, shall affix
SDch Notification on tlie Outside of the Door of the Church
or Chapel belonging to such Parish or Place on the Sunday
next succeeding the Receipt of the said Notification.

LXXIII. And be it enacted, That it shall be lawful for the Wages of a
Justice, before whom any Recruit shall be attested before the .^7*"^ ^'
Expiration of the Term of Service for which he had been hired " ^'
bjr his Master, to adjudge to such Recruit a reasonable Pro-
portion of his Wages for the Time he has actually served ; and
the said Justice shall make an Order for the Payment of the
Amount so awarded, and, in case of Neglect or Refusal to pay
the same within Four Days, shall issue his Warrant for levying
the same, by Distress and Sale of the Goods and Chattels of the
Master*

LXXIV. And be it enacted. That when any Persons shall Licences of
hold any Canteens under proper Authority of the Board of Canteens.
Ordnance^ it shall be lawful for any Two Justices, within their

respective

48

Cap. 6.

Mutiny.

3 Vict.

Attestation of
AcoouDts.

Form of
ActioDi at Law.

respective Jurisdictions, to grant or transfer any Beer, Wine, or
Spirit Licence to such Persons, without regard to Time of Year
or to the Notices or Certificates, required by any Act in respect
of such Licences ; and the Commissioners of Excise, or their
proper OflBcers, within their respective Districts, shall also grant
such Licences as aforesaid; and such Persons so holding Can-
teens, and having such Licences, may sell therein Victuals and
£xciseable Liquors, as empowered by such Excise Licence,
without being subject to any Penalty or Forfeiture.

LXXV. And be it enacted, That all Muster Rolls and Pay
Lists which are required to be verified by Declaration shall be
so verified before and attested by any Justice, without Fee or
Reward to himself or to his Clerk*

LXXVL And be it enacted. That any Action which shall be
brought against any Person for any thing to be done in pur-
suance of this Act shall be brought within Six Months, and it
3hall be lawful for every such Person to plead thereunto the
General Issue of Not Guilty, and to give dl qiecial Matter in
Evidence to the Jury which shall try the Issue; and if the Ver-
dict shall be for the Defendant in any such Action, or the
Plaintiff therein become nonsuited or suffer any Discontinuance
thereof^ or if in Scotland such Court shall see fit to assoilzie the
Defendant or dismiss the Complaint, the Court in which the
said Matter shall be tried shall allow unto the Defendant Treble
Costs, for which the said Defendant shall have the like Remedy
as in other Cases where Costs by the Laws of this Realm are
given to Defendants; and every Action against any Person for
any thing to be done in pursuance of this Act, or acainst any
Member or Minister of a Court-martial in respect of any Sen-
tence of such Court, or of any thing done by virtue or in pur-
suance of such Sentence, shall be brought in some of the
Courts of Record at fFestminster or in DuUinf or the Court of
Session in Scadand, and in no other Court whatsoever.

LXXVIL And be it enacted, That all Offences for which
any Penalties and Forfeitures are by this Act imposed, not
exceeding Twenty Pounds, over and above any Forfeiture of
Value or Treble Value, shall and may be determined, and
such Penalties and Forfeitures and Forfeiture of Value or
Treble Value recovered, in every Part of the United Kingdom,
by One or more Justice or Justices of the Peace, under the
Provisions of an Act passed in the Third Year of the Reign
3 G. 4. c 23. of His Majesty King George the Fourth, intituled An Act to
faalitate summary Proceedings before Justices of the PeacCf and
othersj and of another Act passed in the Fifth Year of the
Reign of His Majes^ King George the Fourth, intituled An
Act for the more effectual Reoooery of Penalties before Justices and
Magistrates on Conviction of Offenders^ for facilitating the Execution
of Warrants by Constables : Provided always, that in all Cases in
which there shall not be sufficient Goods whereon any Penalty
or Forfeiture can be levied, the Offender may be committed
and imprisoned for any Time not exceeding Six Months;
which said recited Acts shall be used and applied, in Sootlandy

for

Rceoteryof

B G. 4. c. 18.

IB40. Myiiny. Cap«6. 49

for the Recovery of afl such Penalties and Forfeitures, as fully,
to all Intents, as if the said recited Acts had extended to
Scodand, any thing in the said recited Acts to the contrary
notwithstanding; and all such Offences committed in the British
Isles, or in any of Her Majesty's Dominions beyond the Seas,
may be determined, and the Penalties and Forfeitures and
Forfeiture of Value or Treble Value recovered, before any
Justices of the Peace, or Persons exercising like Authority,
according to the Laws of the Part of Her Majesty's Dominions
in which the Offence shall he committed ; and all Penalties
and Forfeitures by this Act imposed exceeding Twen^ Pounds
shall be recovered by Action in some of the Courts of Recoi*d at
Westminsier or in Dublin^ or in the Court of Sessions in Scotiand,
and in no other Court in the United Kingdom, and may be
recovered in the British Isles, or in any other Parts of Her
Majestjr's Dominions, in any of the Royal or Superior Courts
of such Isles or other Parts of Her Majesty's Dominions.

LXXVIII. And be it enacted, Tlit one Moiety of every Approprktion
Penalty, not including any Treble Value of any Articles o^P«>^*>««'
adjudged or recovered under the Provisions of this Act, shall
go to the Person who shall inform or sue for the same, and
the Remainder of the Penalty, together with the Treble Value
of any Articles, or, where the Offence shall be proved by the
Person who shall inform, the Whole of the Penalty, shall be
paid to the General Agent for the Recruiting Service in London
or IhMiny as the Case may be, to be at the Disposal of the
Secretary at War, any thing in an Act passed in tne Fifth and
Sixth Years of the Keign of His late Majes^ King William
the Fourth, intituled An Act to provide for the RefftJation o^ 5 & 6 W. 4.
Municipal Corporations in England and Wales, or in any other ^ ^^
Act or Acts, to the contrary notwithstanding ; and every Justice
who shall adjudge any Penalty under this Act shal^ within
Four Days at the farthest, report the same to the Secretary at
Wat.

LXXIX. And be it enacted, That all Oaths and Declarations AdmiDistntion
which are authorized and required by this Act may be of Oaths,
administered (unless where otherwise provided) by any Justice
of the Peace, or Magistrate acting as such ; and that any Peijury.
Person taking a false Oath or Declaration in any Case wherein
an Oath or Declaration is required to be taken by this Act
shall be deemed guilty of wilful and corrupt Perjury or of
making a false Declaration, and being thereof duly convicted
shall be liable to such Pains and Penalties as by any Laws in
force any Person convicted of wilful and corrupt Perjury are
subject and liable to.

LXXX. And be it enacted. That this Act shall be and con- Duntioa of
tinue in force witliin Great Britain from the Twenty- fifth Day ^^
oi April One thousand eight hundred and forty inclusive until
the Twenty-fifth Day of April One thousand eight hundred and
forty. one ; and shall be and continue in force within Ireland^
and in Jersey^ Guernsey, Aldemey, Sark, and hie ofMan, and the
Islands thereto belonging, from the First Day of May One
[No. 4. Frice 2c2.] D thousand

50 Cap. 6. MiMny. 3 Vict*

thousand eight hundred and forty inclusive Until the First Day
of May One thousand eight hundred and forty-one ; and shall
be and continue in force within the Ghurison of GibraUarj the
Mediterranean^ and in Spam and Portugal^ from the First Day
of Auffust One thousand eight hundred and forty inclusive until
the First Day of Atigust One thousand eight hundred and forty-
one ; and shall be and continue in force in all other Parts of
Europe where Her Mqesty's Forces may be serving, and in
the West Indies and Ameriea, from the First Day of September
One thousand eight hundred and forty inclusive to the First
Day of September One thousand eight hundred and forty-one ;
and shall be and continue in force within the Cape of Good
Hope^ the IsU of France or Mauritius and its Dependencies,
Saint Helena^ and the Western Coast of Africa^ fronf the First
Day of January One thousand eight hundred and forty-one
inclusive to the First Day of January One thousand eight hun-
dred and forty-two ; and shall be and continue in force in all
other Places from the First Day of February One thousand
eight hundred and forty-two inclusive to the First Day of Fdh-
ruary One thousand eight hundred and forty-three: Provided
that this Act shallt from and after the Receipt and Promulga-
tioti thereof in General Orders in any Part of Her Majesty's
Dominions beyond the Seas^ become and be in full Force ; any
thing herein-before contained to the contrary notwithstanding.
Alteration of LXXXL And be it enacted^ That this Act may be amended
this Act. or repealed by any Act to be passed in this present Session of

Parliament.

SCHEDULES to which this Act refers.

Form of Oaths to be taken by Members of Courts-martial.

YOU shall well and truly try and determine according to the
Evidence in the Matter now before you.

So help you GOD.

T do swear, That I will duly administer

Justice according to the Rules and Articles for the better
Government of Her Majestjr's Forces, and according to an Act
now in force fbr the Punishment of Mutiny and Desertion, and
other Crimes therein mentioned, without Partiality, Favour, or
Affection, and if any Doubt shall arise which is not explained
by the said Articles or Act, according to my Conscience, the
best of my Understanding, and the Custom of War in the like
Cases : And I further swear, That I will not divulge the Sen-
tence of the Court until it shall be duly approved; neither will
I, upon any Account, at any Time whatsoever, disclose or dis-
cover tlie Vote or Opinion of any particular Member of the
Court-martial, unless required to give Evidence thereof as a
Witness by a Court of Justice or a Court-martial in due Course
of Law. So help me GOD.

Form

18M. lHhiiif^. Cap.6« 61

FoBM of Oath of Judqe Advocate.

J ' do swear, That I will not, upon any

Aeoount whatsoever, disclose or discover the Vote or Opinion
of any particular Member of the Court-martial, unless required
to give Evidence thereof as a Witness by a Court of Justice or
a Court-martial in a due Course of Law. So help roe GOD.

Questions to be put separately by the Justice to a Recruit :

Enlisting for unlimited Service. ^

I. What is your NameV

2* In what Parish, and in or near what Town, and in what
County, were you born ?

3. What is your Age?

4. What is your Trade or Calling ?

5. Are you an Apprentice ?

6. Are you married ?

7. Are you ruptured or lame ; have you ever been subject to

Fits; or nave you any Disability or Disorder which im-
pedes the free Us$ of your Limbs, or unfits you for
ordinary Labour ?

8. Are you willing to be attested to serve in the

R^ment of until you shall legally be

discharged ?

9. On w^iat Day and by whom were you enlisted ?
10. For what Bounty did you enlist?

IL Do you now belong to the Militia?

12. Do you belong to any other Regiment, or to the Marines,

Ordnance, or Navy ?
Idw Have you ever served in the Army, Marines, Ordnance, or

Navy ? •

No(e.-^The Justioe is directed, in putting the Eleventh Question to
the Recruit, and before he receives his Answer, distinctly
to i^prize the Recruit that if he belongs to the Militia,
and denies the Faot, he is liable to Six Months Imprison-
ment

EnliiHnfffor unlimited Service' in Her Mcgedy^s Colonies.

Question 8 is to be put by the Justice as follows :

8. Are yon willing to be attested to serve in* Her Mdest/s
Colony of until you shall be duly and

legally discharged ?

Enlisting Jbr limited Service.

The preceding Questions to be put by the Justice, except Question
8, which is to be as follows :

8. Are you willing to be attested to serve in the
Regiment of for the Period of

[this Blank to beJUled up b^ the Justioe with Seven Years
for Iffantry^ Ten Years Jfbr Cavalry^ and Twelve Years for

D 2 Artillery,

5t2 Cap. 6/ Mutiny. 3 Vict.

Artillery^ if the Person enUeted is of the Age of Eighteen
Years or upwards; but if under the Age of Eighteen Years^
then the Difference between his Age and Eighteen to be added
to sudi Seven^ Ten, or Twelve Years^ as the Case may be^
Years, provided Her Majesty should for so long require
your Service^ and also for such further Term, not exceed-
ing Six Months, as shall be directed by the Command-
ing Officer on any Foreign Station, and not exceeding
Three Years, as shall be directed by any Proclamation
of Her Majesty, such additional Period, in the latter
Case, to determine whenever Six Months of continued
Peace, to be reckoned from the ! Ratification of any
definitive Treaty, shall have el^ed subsequent to the
Expiration of the said [Seven, Ten, or Twelve, as the
Case may be,'] Years.

Enlisting for either Her Mcgest^s or the East India Companjfs

Service*

Question 8 is to be put by the Justice as follows :

8. Are you willing to be attested to serve in Her Majesty's
Army, or in the Forces of the East India Company, ac*
cording as Her Majesty shall think fit to order, until
you shall be duly and legally discharged ?

Enlisting for the East India Compan^s Service.

Question 8 to be put by the Justice as follows ;

8. Are you willing to be attested to serve the East India
Company until you shall be legally discharged ? lOr if
the Recruit enlist for limited Service then insert^ for the
Period of Twelve Years, (i^ the Person enlisting is of
the Age of Eighteen Years or upwards^ but if under
Eighteen Years then the Difference between his Age and
Eighteen to be added to such Twelve Years^ as the Case
may be^ and such Period to be inserted instead of Twelve
Years^) provided the said Company should so long re-
quire your Service?]

Oath to be (aken by a Recruit enlisting for unlimited or

limited Sefvice.

J do make Oath, That the above Questions have

been separately put to me ; that the Answers thereto have been
read over to me ; and that they are the same that I gave, and
are true.

I do also make Oath, That I will be faithful and bear true
Allegiance tx) Her Majesty, Her Heirs and Successors, and that
I will, as in Duty bound, honestly and faithfully defend Her
Majesty, Her Heirs and Successors, in Person, Crown, and
Dignity, against all Enemies, and will observe and obey all

Orders

1840. ilfiffiity. Cftp.6. 53.

Orders of Her Majesty, Her Heirs and Successors^ and of the
Generals and Officers set over me. So help me GOD.

Witness my Hand

{Signature of
Recruit*
Witness present*

Sworn before me at this
Day of One thousand eight
hundred and

Signature of Justice

If enlisting for either Her Mcgesh/s^or the East India Companjft
Service^ the following Addition is to be made to the foregoing
Oath:

And that if Her Majesty, Her Heirs or Successors, shall
please to appoint me to serve in the Forces of the East India
Company, men I swear, that I will also be true to the said
Company, and will duly observe and obey all their Orders, and
the Orders of their Generals and Officers who shall be lawfully
set over me.

If enlisting for the East India Compan^s Service^ the following is to

be added to the Oath :

And that I will also be true to the said Company, and will
daly observe and obey all their Orders, and the Orders of their
Generals and Officers who shall be lawfully set over me.

Certificate to be given by the Justice.

Description of

Age, apparently

Height, Feet Inches.

Complexion,

Eyes,

Hair,

Any distinctive MarK

\ T one of Her Majes^s Justices of the

to int / A p^^^ ^£. j^ hereby certify, That the

above is the Description of the Recruit and in

my Presence all the foregoing Questions were put to the
said ; that the Answers written opposite to them

are those which he gave to me; and that the First and Second
Articles of the Second Section of the Articles of War were
md over to him ; that he took the Oath of Alliance and
Fidelity ; that he received the Sum of on

hrin^ attested this Day; and that I have given him a Duplicate
^ this Certificate, signed with my Name.

^ Signature of Justice.

D 8

w

fi4 Cap. 6. 'Mtainjf. 3 Vicr.

FoEtM of Oath to be taken by a Mastxk whose Apprentice has

absconded.

J of do make Oath, That I am

by Trade a , and that was

bound to serve as an Apprentice to me in the said Trade, by
Indenture dated the Day of for the

Term of Years ; and that the said

did on or about the Day of abscond

and quit my Service without my Consent ; and that to the best
of my Knowledge and Belief the said is aged

about Years. Witness my Hand at

the Day of One thousand eight hundred

and

Sworn before me at this ^

Day of One thousand eight >

hmidred and . J

Form of Justice's Certificate to be given to the Master of

an Apprentice.

\ J one of Her Majesty's Justices of tlie

to wit J Peac6 of certify, That of

came before me at the Day

of One thousand ^ht hundred and ,

and made Oath that he was by l^^e a , and

that was bound to serve as an Apprentice to him

in the said Trade, by Indenture dated the Day

of for the Term of Years ; and that the

said Apprentice did on or about the Day of

abscond and quit the Service of the said without

his Consent, and that to the best of his Knowledge and Belief
the said Apprentice is aged about Years.

Form of Declaration of Attestation of a Commissary's

Accounts.

T do solemnly and sincerely declare. That I

have not applied any Money or Stores or Supplies, under
my Care or Distribution, to my own Use, or to the private Use
of any other Person by way of Loan to such Person or other-
wise, or in any Manner applied them, or knowingly permitted
them to be applied, to any otJier than public Purposes, according
to the Duty of my 0£Sce ; and I make this solemn Declaration
conscientiously believing the same to be true^ and by virtue
of the Provisions of an Act passed in the Fifth and Sixth Years of
tlie Reign of His Majesty King WUliam the Fourth, Chapter 62p
for the Abolition of unnecessary Oaths, and for substituting
Declarations in lieu thereof.

Declared before me by the within-named )
this Day .of J

Jmtice of the Peace of , or Cam-*

mmder in Chitff or Second in Command^
et csetera, the Army serving in
et csetera [as the Case may be"].

1840.

lAitimf.

Gap. 6.

55

N'

SCHEDULE (N.)

Description Return of committed to Confinement

at on the Day of as a Deserter

from the Regiment of

Age

-{

Height

-{

Complexion

■{

Hair

■{

Eyes

{

Marks

■{

Probable Date of Enlistment
and where -

it,r

Probable Date of Desertion
from what Place

tioni and r

Name and Occupation and Ad- j
dress of the Person by whom<
apprehended - - - 1

Particulars in the Evidence
which the Prisoner is c<
mitted

■{

Whether the Prisoner was appre-
bended or voluntarily surren-
dered himself as a Deserter •

Whether the Prisoner confessed j
before the Magistrate that he<
is a Deserter - - - (^

I do hcnby certify, thftt the Pruoner
has been duly exunincd bdbre me as to
the Circumstances herdn stated, and has
Wared in my Presence that he •
a Deserter from the above-mentiotied

Corps.

i— — Signature and Addrets

■I Signatiire of Pritomr.

. Sijfnature qf ImfirmanU

* Insert « is" or "is not," as the Caae

maybe.

Feet.

Inehes.

!■*•-

I certify that I have inspected the
Prisoner, and consider him *
for Military Service.

Signaiure qf

Utary Mediad Qfficert or of
JhioaU Modietd PnuHHmm.

• Insert «fit" or "unfit,** as the
Case may be ; and if unfit, state the
Cause of Unfitness.

D4

5«

Cap. 7.

CansoUdaied Fund.

3 Vict.

There thmfl be
applied* for the
Serrioe of the
Yctf 1840,
the Sum of
8,000,000/.
out of the
ConsolidAted
Fund.

The Treasury
may cause
8,000,0001. of
Exchequer
Bills to be
made out in
manner pre-
scribed by
48 O. S. c. 1.

The Clauses,
&o. in recited
Act extended
to this Act.

CAP. VIL

An Act to apply the Sum of Eight Millions out of the
Consolidated Fund to the Service of the Year One
thousand eight hundred and forty. [3d April 1840.]

^ Most Gracious Sovereign,

< "III^E, Your Majesty's most dutiful and loyal Subjects, the
« ^^ Commons of the United Kingdom of Great Britain and
' Ireland, in Parliament assembled, towards making good the
* Supply which we have cheerfully granted to Your Majesty

< in this Session of Parliament, have resolved to grant unto

< Your Majesty the Sum herein-after mentioned;' and do there-
fore most humbly beseech Your Majesty that it may be enacted;
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and. Commons, in this present Parliament assembled,
and by the Authority of the same. That there shall and may be
issued and applied, for or towards making good the Supply
granted to Her Majesty for the Service of the Year One thou-
sand eight hundred and forty, the Sum of Eight Millions out
of the Consolidated Fund of the United Kingdom of Great
Britain and Ireland, and the Commissioners of Her Majesty's
TreasuiT of the United Kingdom of Great Britain and Ireland,
or any Three or more of them, or the Lord High Treasurer
of the United Kingdom of Great Britain and Ireland for the
Time being, are or is hereby authorized and empowered to issue
and apply the same accordingly.

n. And be it enacted, That it shall and may be lawful for
the said Commissioners of Her Majesty's Treasury, or any
Three or more of them, from Time to Time, by Warrant under
their Hands, to cause or direct any Number of Exchequer Bills
to be made out at the Receipt of Her Majesty's Exchequer at
Westminster for any Sum or Sums of Money not exceeding in
the whole the Sum of Eight Millions, and such Exchequer Bills
shall be made out in the same or like Manner, Form, and Order,
and according to the same or like Rules and Directions, as
are directed and prescribed in and by an Act passed in the
Forty-eighth Year of the Reign of His Majesty King George the
Third, intituled An Actfar regulating the issuing and paging off of
"Exchequer Bills,

HL And be it enacted, That all and every the Clauses, Pro-
visoes, Powers, Privileges, Advantages, Penalties, Forfeitures,
and Disabilities contained in the said recited Act passed in the
Forty-eighth Year of the Reign of His said Majesty shall be
applied and extended to the Exchequer Bills to be made out in
pursuance of this Act, as fully and effectually, to all Intents and
Purposes, as if the said several Clauses, Provisoes, Powers,
Privileges, Advantages, Penalties, Forfeitures, and Disabilities
had been particularly repeated and re-enacted in the Body of
this Act

IV. And

1840. Consolidated Fund. Cap. 7. 57

IV. And be it enacted. That the Exchequer Bills to be made interertpaEx^
out in pursuance of this Act shall and may bear an Interest not ^^^"^ ^
exceeding the Rate of Three-pence Halfpenny per Centum per

Diem upon or in respect of the whole of the Monies respectively
contained therein.

V. And be it declared and enacted, That it shall and may be Bank of £ng-
lawful for the Governor and Company of the Bank of Enffland, land may
and they are hereby empowered, to take, accept, and receive the g ^[J^^xy.
Exchequer Bills authorized to be made out in pursuance of this on the Credit
Act, and to advance or lend to Her Majesty at the Receipt of of this Act,
the Exchequer at Westminster^ upon the Credit of the Sum f^^^^f,
granted by this Act out of the Consolidated Fund of the United c. 20.
Kingdom of Great Britain and Ireland^ any Sum or Sums of

Money not exceeding in the whole the Sum of Eight Millions,
any thing in an Act passed in the Fifth and Sixth Years of the
Reign of King William and Queen Mary, intituled An Act for
granting to Their Mcgesties several Rates and Duties upon the Ton^
nage of Ships and Vessels^ and upon Beer, Ale, and other Liquors ;
and for securing certain Mecompences and Advantages in the said
Act mentioned to such Persons as shall voluntarily advance the Sum
(f One million j^ve hundred thousand Pounds towards carrying on
the War against France, or in any other Act or Acts to the
contrary notwithstanding.

VI. And be it enacted. That it shall be lawful for the said siUa prepared
Commissioners of Her Majesty's Treasury, and they are hereby by virtue of
authorized and empowered, to cause such Bills as shall be pre- ^gu^^ed^to^e
pared by virtue of this Act to be delivered from Time to Time Bank as Secu-
to the Governor and Company of the Bank o( England, in such rity for such
Proportions as the Public Service may require, as Security for -^"^■"^"^
any Advance or Advances which may be made to Her Majesty

by the ^d Governor and Company of the Bank of England
under the Authority of this Act. .

VII. And be it enacted. That it shall be lawful for the said Monies raised
Commissioners of Her Majesty's Treasury to issue and apply by Bills to be
from Time to Time all such Sums of Money as shall be raised 3^^*^oted
by Exchequer Bills to be made out in pursuance of this Act by the Com-
to such Services as shall then have been voted by the Com- mons.
mons of the United Kingdom of Great Britain and Ireland in

this present Session of Parliament.

VIII. And be it enacted. That the Principal Sum or Sums Exchequer
of Money to be contained in all such Exchequer Bills to be Bills made
made forth by virtue of this Act, together with the Interest ^e'S^^^"
that may become due thereon, shall be and the same are hereby Produce ot* the
made chargeable and charged upon the growing Produce of the Consolidated
Consolidated Fund of the United Kingdom of Great Britain ^^

and Ireland in the next succeeding Quarter to that in which
the said Exchequer Bills have been issued; and it shall be
lawful for the said Commissioners of Her Majesty's Treasury
for the Time being, or any Three or more of them, and they
axe hereby authorized, from Time to Time, by Warrant under
their Hands, to direct the Comptroller General of the Receipt
of the Exchequer, at Westminster, in such Manner as they shall

think

&a

Gftp. 7, 8.

Marine Mutiny.

3 Vict.

think necessary, to grant a Credit on the Exchequer Funds
in the Bank of England unto such Person or Persons as shall
be named ui the said Warrant, which Credit shall be chargeable
on and paid out of the growing Produce of the said Consoli-
dated Fund of the next succeeding Quarter to that in which
the said Exchequer BQb have been issued, for any Sum or
Sums of Money not exceeding in the whole a Sum sufficient
to discharge and pay off the Principal Sum or Sums of Money
contained in such Exchequer Bills then outstanding, and whidi
may have been made out and issued by virtue of this Act,
together with all such Interest as may be due thereupon.

CAP. VIII.

An Act for the Regulation of Her Maje6t}''s Royal
Marine Forces while on shore. [3d April 1840.]

TTCrHEREAS it is judged necessary for the Safety of the
^ ^ United Kingdom, and the Defence of the Possessions
of this Realm, that a Body of Royal Marine Forces should
be employed in Her Majesty's Fleet and Naval Service, under
the Direction of the Lord High Admiral of the said United
Kingdom, or the Commissioners for executing the Office of
Lord High Admiral aforesaid : And whereas the said Forces
may frequently be quartered or be on shore, or sent to do
Duty of be on board Transport Ships, or Merchant Ships or
Vessels, or Ships or Vessels of Her Majesty, or other Ships
or Vessels, or they may be under other Circumstances in
which they will not be subject to the Laws relating to the
Oovernmeut of Her Majesty's Forces by Sea : And whereas
no Man can be forejudged of Life or Limb, or subjected in
Time of Peace to any Ivind of Punishment within this Realm,
by Martial Law, or in any other Manner than by the Judg-
ment of his Peers and according to t^e known and established
Laws of this Realm; yet nevertheless it being requisite for
the retaining of such Forces in their Duty that an exact
Discipline be observed, and that Marines who shall mutiny
or stir up Sedition, or shall desert Her Majesty's Service, or
be guilty of any other Crime in breach of good Order and
Discipline, be brought to a more exemplary and speedy
Punishment than the usual Forms of the Law will allow :'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
Crimes punish- assembled, and by the Autiiority of the same. That Irom and
able by Death, after the Twenty>fifth Day of April One thousand eight

hundred and forty, if any Person who is or shall be commissioned
or in Pay as an Officer of Royal Marines, or who is or shall be
listed or in Pay as a Non-commissioned Officer, Drummer, or
Private Man in Her Majesty's Royal Marine Forces, shall at
any Time during the Continuance of this Act, while on shore
in any Place within the said Kingdomt or in any other of Her

Majesty's

IMO. Marum MMuf. G^p. &

Majesqr's Dominions, or in any Fot«]gn Parts out of such
Doininioni, or on board any Transport Ship, or Merchant
Ship or Vestal, or any Ship or Vessel of Her Majesty, or on
board any Convict Hulk or Ship, or any other Ship or Vessel,
or in any other Place, or while being in any Circumstances in
which he shall not be subject to the Laws relating to the
Government of Her Majesty's Forces by Sea, begin, eaccite^
<!au8e, or join in any Mutiny or Sedition in Her Majesty's
Marine or odier Forces, or slmll not use his utmost Endeavours
to suppress any such Mutiny or Sedition, or coming to the
Knowledge of any Mutiny or intended Mutiny snail not,
without Delay, give Information thereof to his Commanding
QflSeer ; or shall misbehave himself before the Enemy ; or shall
afaunefully abandon or deliver up any Garrison, Fortress, Post,
or Guard committed to his Chnrge^ or which he shall be com*
manded to defend; or shall compel the Governor or Command-
ing Officer of any Garrison, Fortress, or Post to deliver up to
the Enemy or to abandon the same ; or shall speak Words or
lite any other Means to induce such Governor or Commanding
Officer or any other to misbehave before the Enemy, or
shamefully to abandon or deliver up any Garrison, Fortress,
Post, or Guard committed to their respective Charge, or which
he or they shall be commanded to defend ; or thiJl leave his
Post befcMre relieved, or shall be found sleeping on his Post ;
or shall hold Correspondence with or give Advice or Intel-
ligence to any Rebel, Pirate, or Enemy of Her Miyesty, either
by Letters) Messages, Signs, Tokens, or any other Ways or
Means whatever ; or shall treat or enter into any Terms with
any such Kebd, Pirate, or Enemy without the Licence of the
Lord High Admiral of the said United Kingdom, or the Com*
miasioners for executing the Office of Lord High Admiral
aforesaid for the Time being ; or shall strike or use or offer
any Violence against his Superior Officer, being in the Exe-
eation of his Office, or shall disobey any lawful Command of
his Superior Officer; or shall desert Her Majes^s Service;
evety Person so oiihnding in any of the Matters before men-
tioned shall suffer Death or such other Punishment as by a
Ceurt-martial shall be awarded.

IL Ptt>vided always, and be it enacted. That nothing in this The ordinary
Act contained shall be construed to exempt any Officer or Courw of Law
Marine from being proceeded against by the ordinary Course fatdtriSb."**'
sf Law for Crimes thereby cognizable; and any Commanding
Officer who shall neglect or refuse, when due Application
shall be made to him for that Purpose, to deliver over to the
Civil Magistrate any Officer or Marine charged with any
Capital Crime, or with any Violence or Offiance against the
Person or Property of any of Her Mi^estj^s Subjects punishable
by the known Laws of the Land, or who sbidl wilfully neglect
or refuse to assist any Peace Officer in apprehending any such
Qfender, shall, upon Conviction thereof in any of Her Miges^s
Courts at VFegtmingtery DubUi^ or Edinbwyhj be deemed to be
wm fim oaslriered) and siiall be utteriy disabled to bold any

Civil

60

Cap. 8.

Marme Mutiny.

3 Vict.

Marines not to
be taken away
from the Ser-
vice for Debts
under 30^.

Lord High
Admiral, &c«
may make
Articles for
the Punishment
of Mutiny,
Desertion, &c.

Civil or Military Office or Employment in Her Majesty's
Service, and a Certificate of such Conviction shall be transmitted
to the Secretary of the Admiralty : Provided always, that no
Person who shall have been tried before any of the ordinary
Courts of Law for any Crime cognizable in such Courts shaU
be liable to be punished for the same by any Court*martial
otherwise than by cashiering.

IIL And be it enacted, That no Person enlisted in Her
Majesty's Service as a Marine shall be liable to be arrested or
taken therefrom by the Warrant of any Magistrate or other
Process for not supporting, or for leaving chargeable on any
Parish, Township, or Union, any Wife or any Child or Children,
nor, except in the Case of an Apprentice, on account of any
Breach of Contract or Engagement to serve or work for any
Employer ; and that no Marine shall be liable to be arrested
and taken out of Her Majesty's Service for Debt by any
Process or Execution whatsoever, unless an Affidavit shall be
first duly made and filed by the Plaintiff in the Suit, or by
some one on his Behalf, for which no Fee shall be taken, that
the original Debt for which the Action has been brought
amounts to the Sum of Thirty Pounds at least, over and above
all Costs in that or any other Action, a Memorandum of
which Oath shall be marked on the Back of such Process and
of the Warrant grounded thereon ; and in case any Persona
shall nevertheless contrary hereto be arrested, it shall be lawful
for any Judge of the Court out of which the Process shall have
issued, and he is hereby required, upon Complaint made by
the Person arrested, or by his Superior Officer, and upon due
Proof thereof being made to him that such Arrest was made
contrary to the Intent and Meaning of this Act, to discharge
the Person so arrested out of Custody, and also to award to
the Party complaining such Costs as such Judge shall think
reasonable; for the Recovery whereof he shall haVe the like
Remedy by Writ of Execution as that which the Plaintiff in
the Suit might have had in case Judgment had been given for
him in the Action : Provided always, that any Plaintiff upon
Notice in Writing of the Cause of Action to be first given to any
Marine, or left with the Adjutant of the Division to which he
shall belong, may, in case no Appearance shall be entered in
due Time, file a Common Appearance for him, in any Action
brought for the Recovery of a Debt, and may proceed therein
to Judgment and Outlawry, and may have Execution thereon
other than against the Body of the Defendant.

IV. And be it enacted, That it shall be lawful for the said
Lord High Admiral, or the Commissioners for executing the
Office of Lord High Admiral aforesaid, to make, ordain, and
establish Rules and Articles of War under the Hand of the
said Lord High Admiral, or under the Hands of any Two or
more of the said Commissioners, for the better Government of
Her Majesty's Royal Marine Forces, and for the Punishment of
Mutiny, Desertion, Immorality, Breach of Discipline^ Misbe-
haviour, Neglect of Duty, and any other Offence or Misconduct

of

1840# Marine Mutiny. Cap. 8. 61

of which they shall he guilty, in any Place on shore or afloat in
or out of Her Majesty's Dominions, or at any Time when or
under any Circumstances in which they shall not be amenable
to the Laws for the Grovemment of Her Majesty's Ships, Ves-
sels, and Forces by Sea, or to the Discipline of the Royal Navy,
which Rules and Articles shall be judicially taken notice of by
ail Judges and in all Courts whatsoever ; and Copies of the
same shall, as soon as conyeniently may be after the same shall
have been made^ be transmitted by the Secretary of the Admi-
ralty for the Time being (certified under his Hand) to the
Judges of Her Majesty's Superior Courts at fVestminsierf Dubtin^
and Edinburgh respectively, and also to the Governors of Her
Majesty's Dominions abroad : Provided always, that no Person
sluJl be subject by such Rules and Articles to be transported as
a Felon, or to suffer any Punishment extending to Life or Limb^
for any Crime which is not expressed to be so punishable by
this Act, nor in any Manner which shall not accord widi the
Provisions of this Act.

y. And be it enacted, That it shall be lawful for the said Lord High
Lord Hiirh Admiral, or the Commissioners for executing the A*«"»^ j^
Office of Lord High Admiral aforesaid, from Time to Time to Commisdoiu
grant Commissions or Warrants under the Hand of the said for hddiDi^
Lord High Admiral, or under the Hands of any Two or more ^^Ji^^]*^
of the said Commissioners, for the holding of General and other '

Courts-martial within the United Kingdom of Great Britain and
hdandf and elsewhere out of the same, in like Manner as has
been heretofore used, and for bringing Offenders against this
Act and the Articles of War to Justice, and to erect and con-
stitute Courts-martial, as well within the said United Kingdom
and the British Isles as in any of Her Majesty's Garrisons or
Dominions or elsewhere beyond the Seas, and to grant Com*
missions or Warrants to the Officer or Officers commanding
in chief or commanding for the Time being any of Her Majesty's
Royal Marine Forces, as well within the sud United Kingdom
as Her Majesty's other Dominions, and in any Foreign Parts out
of the same Dominions, for convening, as well as for authorizing.
any Officer not below the Degree of a Field Officer to con^*
vene. Courts-martial, as Occasion may reauire, for the Trial of
Offences committed by any of the Royal Marine Forces under
their Command, whether the same shall have been committed
before or after such Officer shall have taken upon himself such
Command; and any Person subject to this Act^ who shall in any
(X Her Majesty's Dominions or elsewhere commit any of the
Offences for which he may be liable to be tried by Court-martial
by virtue of this Act, may' be tried and punished for the same
in any Part of Her Majesty's Dominions, or other Place where
be may have come after the Commission of the Offence, as
if the Offence had been committed where such Trial shall take
place.

VL And be it enacted^ That a General Court*martial con- Composition
vened in any Part of the Queen's Dominions, {Bemwdoy the ^ General
Bahaamsy Saint Helenoy AfrieOi and the Australian Colonies ex- ^<"^™*i'*^

cepted,)

62

C^.8.

Marim MuiiHjf,

3VlCT.

Courts-martial
to administer
OaUis.

Proceedings of
Courts-mttrtial.

Officers of the
Marine and
Land Forces
may sit in con-
junction on
Courts-martial.

cqrtedf) or in the Setdementa of the Eaai India Company,
or elsewhere, shall consist of not less than Thirteen Commis*
sioned Officers^ and if convened in Bermuda or the BahamaSi or
out of the Queen's Dominions (excepting Saini Hehna, Afiriat^
and the Australian Colonies), shall have not less than Seven, and
in Saint Helena^ Africa^ and the Australian Colonies not less than
Five Commissioned Officers ; and in all Cases no Judgment of
Death shall pass without the Concurrence of Two Thirds at the
least of the Members present ; and the President shall in no
Case be the Officer oommandiing in chief or Governor of the
Garrison where the Offender shall be tried, nor under the
Degree of a Fidd Officer, unless where a Field Officer cannot be
be had, nor in any Case whatsoever onder the Degree of a
Captain.

VIL And be it enacted, That all and every Court*martial
shall have Power and Authority a« is hereby required to
administer the requisite Oath, in the usual Form, to every
Person who shall be examined as a Witness before any such
Courl>*martial, previous to his giving Evidence thereat.

VIIL And be it enacted, Hiat in all Trials by General Courts
martial to be held by virtue of this Act the President and every
Member of such Court shall, before any Proceedings be had
thereupon, take the Oaths for that Purpose set forth in the
Schedule to this Act annexed, before the Judge Advocate or
Person officiating as such, and on Trials by other Courts-
martial, before the President thereof, who are hereby respectively
authorized to administer the same ; and so soon as such Oaths
shall have been administered to the respective Members, the
President of the Court (having himself taken the said Oath, to
be administered to him by any sworn Member,) is hereby
authorized and required to administer to the Judge Advocate,
or the Person officiating as such, the Oath in the Schedule
to this Act for that Purpose annexed ; and that no Proceeding
or Trial shall be had upon any Offence but between the Hours
of Eight of the Clock in the Mominff and Four in the After*
noon, except in Cases which may require an immediate Example^
and except in the East Indies^ where such Trial may be held
between the Hours of Six in the Morning and Four in the
Afternoon.

IX. < And whereas it may be expedient in many Cases that
< Offices of the Land Forces should be associated with Royal
^ Marine Officers for the Purpose of holding Courts*martial ;'
be it enacted, That when and as often as it shall be deemed
necessary it shall and may be lawful for Officers of Royal
Marines and of the Land Forces to sit in conjunction on any
Court-martial to be held under the Authority of this Act, and to
proceed on the Trial of any Marine Officer, Non-commissioned
Officer, Drummer, or Private Man, in like Manner to all
Intents and Purposes as if such Court-martial were composed of
Marine Officers only, and whether the Officer by whose Order
such Court-martial is assembled belong to the Land or the
Forees ; and the Officers composing such Court shall in

6 such

1840. Marine Mutimf. Cap. 8. 68

Micb Cases take Rank according to the Seniority of their Com-
miisions in either Service.

X. And be it enacted, That a General Court-martial may General
sentence any Marine to Imprisonment, solitary or otherwise^ Couru-martiai
and with or without hard Labour, in any public Prison or other "^^[^^^
Place which the Court may appoint, or to Coiporal Punishment, imprisonment,
not extending to Life or Limb, for Immorality, Misbehaviour, &c.
or N^lect of Duty ; but no such solitary Confinement shajl
exceed One Month at a Time, or Three Months at different
Times, with Intervals of not less than One Month between
such Times, in One Year ; and a General Court*martial may,
in addition to any such Punishment as aforesaid, sentence any
Ofiender to Forfeiture of all Advantage as to additional Pay and
Pension on Discharge; and whensoever any General Court-
martial by which any Marine shall have been tried and con- .
victed of any Offence punishable with Death shall not think the
Oflence deserving of Capital Punishment, such Court-martial
may, instead of awarding a Corporal Punishment or Imprison-
ment, adjudge the Offender, according to the Degree of the
Offence, to be transported as a Felon for Life or for any certain
Term of Years, or to general Service as a Soldier in any Corps
and in any ^Country or Place which Her Majesty shall be
pleased to direct, or if such Offender shall have enlisted for any
limited Term, may sentence him to serve for Life as a Soldier
in any Corps which Her Majesty shall please to direct ; and
such Court may, in addition to any other Punishment, sentence
any such Offender to forfeit all Advantage as to Increase • of
Pay, or as to Pension on Discharge^ which might otherwise have
accrued to such Offender : Provided always, that in all Cases
where a Capital Punishment shall have been awarded by a Ge-
neral Court-martial it shall be lawful for Her Majesty, instead
of causing such Sentence to be carried into execution, to order
the Offender to be transported as a Felon, either for Life or for
a certain Term of Years, as to Her Majesty shall seem meet

XL And be it enacted. That a District or Garrison Court- District or
martial shall consist of not less than Seven Commissioned ^^^jj,
Officers, except in Bermuda^ the Bahamas^ Saini JSekna^ Africa,
and the Australian Colonies, where it may consist of not less
than Five Commissioned Officers, and that it shall be lawful tor
such Court, whether assembled under the Authority of this Act
or of an Act of the present Session of Parliament, for punish-
ing Mutiny and Desertion, and for the better Payment of the
Army and their Quarters, to proceed to try any Marine or
Marines below the Rank of a Commissioned Officer for any
Offence committed by any of them while serving in conjunct-
tion with Her Majesty's J^nd Forces or otherwise^ and to
sentence any such Marine to any Imprisonment, solitary or
otherwise, and with or without hard Labour, in any public
Prison or other Place which such Court may appoint, or to
Corporal Punishment, not extending to Life or Limb, for any
such Offenee ; but no such soliury Confinement shall exceed
One Month at a Time, or Three Months at different Times,

with

64 . Cap. 8. Marine Mutiny. 3 Vict.

vfith Intervals of not less than One Month between such Times
in One Year; and such Court may, in addition to either of the
said Punishments, sentence a Marine to Forfeiture of all Advan-
tage as to additional Pay, and to Pension on account of Ser-
vices, for disgraceful Conduct in wilfully maiming or injuring
himself or any other Marine at the Instance of such Marine,
with Intent to render himself or such other Marine unfit for the
Service; in tampering with his Eyes; in malingering, feigning
Disease, absenting himself from Hospital whilst under Medical
Care, or other gross Violation of the Rules of any Hospital,
thereby wilfully producing or aggravating Disease or Infirmity,
or wilftilly delaying his Cure; in purloining or selling Govern-
ment Stores; in stealing any Money or Goods the Property of
a Comrade, of a Military Officer, or of any Military, Divisional,
or Regimental Mess ; in producing false or fraudulent Accounts
or Returns; in embezzling or fraudulently misapplying Public
Money intrusted to him ; or for any other disgraceful Conduct,
being of a cruel, indecent, unnatural, felonious, or fraudulent
Nature; and such Offender may be further put under Stop-
pages, not exceeding Two Thirds of his daily Pay, until the
Amount be made good of any Loss or Damage arising out
of his Misconduct; and if any Marine shall be convicted of
any such disgraceful Conduct, and shall be sentenced to For*
feiture of his Claim to Pension, the Court may further recom-
mend him to be discharged with Ignominy from Her Majestjr's
Service ; and any such Court shall deprive a Marine, if con-
victed of the Charge of habitual Drunkenness, of his Liquor,
or of his Allowance in lieu of Beer or Liquor, or of any
Proportion thereof, or of any Portion of additional or daily
Pay, for any Period not exceeding Two Years, subject to
Restoration on subsequent good Conduct; and in addition
to any such Punishment, the Court may, if it shall think fit,
sentence such Offender to Imprisonment or to Corporal Punish*
ment; provided that in all the aforegoing Cases the Sentence of
n District or Garrison Court-martial shall be confirmed by the
General Officer, Governor, or Senior Officer in command of
the District, Garrison, Island, or Colony; and the President
of every Court-martial, other than a General Court-martial,
not being under the Rank of Captain, shall be appointed by
the Officer convening such Court-martial: Provided always,
that such District or Garrison Court-martial shall not have
Power to pass any Sentence of Death or Transportation.
If no Superior XII. And be it enacted, That, provided there be no Supe-
Offioer of rior Officer of Her Majesty's Land Forces present in command

J^^J^^r?^ of a District, Garrison, Station, or Place where Marines may

18 present m. , Ti,,,«, n i n r\.ir» *• i -r* 1 -m »

command of a be servmg, It shall be lawful for any Officer of the Royal Ma-
Dwtrict, Ac. an fine Corps of the Degree of Field Officer, and holding a Com-
Mtfines may '"'ssion from the Lord High Admiral, or the Commissioners for
convene a executing the Office of Lord High Admiral, for that Purpose,

Court-martial, but not Otherwise, to convene or assemble a District or Garrison

Court-martial, to be composed as afore-stated, and for such Court
to proceed to try any Marine or Marines, below the Rank of

^ Commis-

1840. Marine Mutiny. Cap. 8. 65

Gommissioned Officer, for any of the afore*mentioned Offences
cognizable bjr a District or Garrison Court-martial, and that
such Courts so convened shall possess the same Power and
Authority in awarding Punishments in all respects as if the
Court had been assembled under the Act afore-mentioned, for
punishing Mutiny and Desertion in the Army : Provided always,
that the Sentence so awarded shall not be carried into effect
until the Senior Officer of the Royal Marines in the District,
Garrison, Station, or Place, not being a Member of the Court,
shall have confirmed the same. ^^

XIII. And be it enacted. That in Cases of Mutiny and gross DWisionai
Insubordination or of any Offences committed on the Line of Courts-martial.
March, the Ofience may be tried by a Divisional Court-martial,

and the Sentence confirmed and carried into execution on the
Spot by the Officer in the immediate Command of the Troops;
provided that the Sentence shall not exceed that which a Divi-
sional Court-martial is competent to award; and a Divisional
Court-martial may try any Marine for habitual Drunkenness,
and may sentence any Marine to Imprisonment, with or without
hard Labour, for any Period not exceeding Forty Days, and to
solitary Confinement not exceeding Twenty Days : Provided
also, that when the Imprisonment so to be adjudged shall be
part solitary and part otherwise, the whole Period, including the
solitary Part thereof, shall not exceed Twenty Days, and shall
be divided into Periods not exceeding Ten Days each ; and a
Divisional Court-martial may sentence any Marine, for being
drunk when on or for Duty or Parade or on the Line of March,
to be deprived of a Penny a Day of his Pay for any Period not
exceeding Thirty Days, in addition to any other Punishment
which such Court may award ; and any such Court shall deprive
a Marine convicted of habitual Drunkenness of his Liquor,
when issued in Kind, or of his Allowance in lieu of Beer or
Liquor, or of such Proportion thereof, or of such Portion of his
additional or regular Pay, for such Period, not exceeding Six
Months, as may accord with the Articles of War, subject to
Restoration on good Conduct.

XIV. And be it enacted. That it shall be lawful for any Detachment
Officer commanding any distinct Detachment or Portion of Her Courts-martial.
Majesty's Royal Marine Forces which may at any Time be

serving out of Her Majesty's Dominions, upon Complaint made
to him of any Ofience committed against the Property or Per-
son of any Inhabitaht of or Resident in any such Countries by
any Person under the immediate Command of any such OiBcer,
to summon and cause to be assembled a Court-martial, which
ahall consist of not less than Three Officers, for the Trial of
any such Person, notwithstanding such Officer shall not have re-
ceived any Warrant empowering him to assemble Courts-mar-
tial; and every such Court-martial shall have the same Powers
in regard to summoning and examining Witnesses, Trial of
and Sentence upon Offenders, as arc granted by this Act to
General Courts-martial ; provided that no Sentence of any such
Detachment Court-martial shall be executed until the General
[No. 5. Price 2i J E com-

66

Cap.&

i(fartn« Mutiny,

3 Vict.

Markings
Deserter.

Trial and
Pimishment
for Embenle''
ment.

Witneaitt.

I

\

commandipg in duef the Army to which the Division, Brigade,
Detachment, or Party to which any Person so tried shall
belong shall have approved and confirmed the same.

XV. And be it enacted, That every Marine convicted of
Desertion by any General, District, or Garrison Court-martial,
or of Felony in any Court of Criminal Judicature in the United
Kingdom, or of any Crime or Offence in any Court of Civil or
Criminal Judicature in any Dominion, Territory^ Colony, Settle-
ment, or Island belonging to or occupied by Her Majesty out
of the United Kingdom, which would if committed therein be
Felony, shall thereupon forfeit all Advantage as to additional
Pay, and to Pension on Discharge, in addition to any other
Punishment which such Court may award: and it shall be
lawful for any General or District or Garrison Court-martial
assembled to try the Crime of Desertion, in addition to any
other Punishment such Court may award, to direct that the
Offender be marked on the Left Side, Two Inches below the
Arm-pit, with the Letter D, such Letter not to be less than
an Inch long, and to be marked on the Skin with some Ink or
Gunpowder, or other Preparation, so as to be visible and con-
spicuous, and not liable to be obliterated.

XVI. And be it enacted. That every Officer and other Per-,
son employed in the Care or Distribution of any Money, Pro-
visions, Forage, or Stores belonging to Her Majesty's Royal
Marine Forces or for their Use^ who shall embezzle or fraudu-
lently misapply, or cause to be embezzled or fraudulently
misapplied, or shall wilfully suffer any Money, Provisions,
Forage^ Arms, Clothes, Ammunition, or other Military or
Royal Marine Stores to be embezzled or fraudulently mis*
applied, or to be spoiled or damaged, may be tried for the same
by a General Court-martial, which is hereby empowered to
adjudge any such Offender to be transported as a Felon for
Life or for any certain Term of Years, or to suffer such Punish-
ment of Fine, Imprisonment, Dismissal from Her Majesty's
Service, with Incapacity of serving Her Majesty in any Office,
Civil or Military, as such Court shall think fit, according to the
Nature and Degree of the Offence ; and that such Person shall,
in addition to any other Punishment, make good at his own
Expence the Loss and Damage thereby sustained, to be ascer-
tained by such Court-martial, which shall have Power to sentence
the Offender to be imprisoned until the same, and any Fine
which may be imposed, be paid and satisfied to Her Majesty.

XVIL And be it enacted, That all Witnesses, whether Military
or otherwise, duly summoned by the Judge Advocate, or the
Person appointed to officiate as such, or by the President of
a General, District, Garrison, or Divisional Court-martial, or
by the Adjutant at the Head Quarters of the Division at which
any such Court shall be appointed to be held, to give Evidence
on any Court-martial, shall during their necessary Attendance
in such Courts, and in going to and returning from the same,
be privileged from Arrest, shall, if nevertheless arrested contrary
to the Intent of this Act, be forthwith discharged out of Cus-
tody

1840. Marine Mutiny. .Cap. 8. 67

tody by the Order of the Court out of which the Writ or Process
for such Arrest was issued, and if such Court shall not be then
sitting then by the Order of any Judge or Baron of the Courts
at Wegtminster or Dublin^ or of the Courts of Session in Scotland^
or Courts of Law elsewhere, as the Case may require, upon its
being made appear to such Court or Judge, by Affidavit in a
summary Way, tliat such Witness was arrested in going to or
returning from or attending such Court-martial ; and every
Person so duly summoned as a Witness who shall not attend,
or attending shall refuse to be sworn, or being sworn shall
lefiise to give Evidence at any such Court-martial, or to answer
all such Questions as the Court may legally demand of him,
shall be liable to be attached, proceeded against, and punished
in the Court of Queen's Bench at Westminster or Dublin^ or Court
of Session or other Court of Law, or elsewhere, in the same
Manner as Persons disobeying the Subpoena to testify, or
any similar Process of such Courts, are liable to be proceeded
against and punished.

XVIII. And be it enacted. That whenever Her Majesty Tramporutioo
shall intend that any Sentence of Transportation heretofore or ^^ OWoiden.
hereafter to be passed by a General Court-martial shall be
carried into execution for the Term specified in such Sentence,
or for any shorter Term, or shall be graciously pleased to
conunute as herein-before provided any Sentence of Death which
shall have been passed by any such Court, such Sentence,
together with Her Majesty's Pleasure upon the same, shall be
notified in Writing by the Lord High Admiral, or by any Two
or more of the Commissioners for executing the said Office of
Lord High Admiral, for the Time being, to any Justice of
the Queen's Bench, Common Pleas, or Baron of the Exchequer,
and thereupon such Justice or Baron shall make an Order for
the Transportation of such Offender upon the Terms and for
the Time which shall be specified in such Notification, and shall
also do all such other Acts consequent upon the same as any
such Justice or Baron is authorized to make or do by any Statute
or Statutes in force at the Time of making any such Orders in
relation to the Transportation of Offenders ; and such Order,
and other Acts to be so made and done as aforesaid, shall be
obeyed and executed by such Person in whose Custody such
Offender shall at that Time be, and by all other Persons whom
it may concern, and shall be as effectual, and have all the same
Consequences, as any Order made under the Authority of any
Statute with respect to any Offender in such Siatute mentioned;
and every Sheriff, Gaoler, Keeper, Governor, or Superintendent
whom it may concern, and all Constables and other Persons, shall
be bound to obey the aforesaid Order and Orders, be assistant
in the Execution thereof, and be liable to the same Punishment
for Disobedience or interrupting the Execution of the same a»
they would be if the same had been made under the Authority
of any other Act of Parliament ; and every Person so ordered
to be transported as aforesaid shall be subject respectively to
all and every the Penalties and Provisions made by Law and in ^

E 2 force

6d Cap. 8. Marine Mutiny. 3 Vict.

force concerning Persons convicted of any Crime and sentenced
to be transport^, or receiving Her Majesty's Pardon on Con-
dition of Transportation ; and from the Time when such Order
of Transportation shall be made every Law and Statute in force
touching the Escape of Felons, or their afterwards returning,
or their being at large without Leave^ shall apply to such
Offender, and to all Persons aiding, abetting, contriving, or
assisting in any Escape or intended Escape or the returning
without Leave of any such Offender; and die Judge who shall
make any Order of Transportation as aforesaid shall direct
the Notification of Her Majesty's Pleasure, and his own Order
made thereupon, to be filed and kept of Record in the Office
of tlie Clerk of the Crown of the Court of Queen's Bench,
and the said Clerk shall have a Fee of Two Shillings and
Sixpence only for filing the same, and shall, on Application,
deliver a Certificate in Writing (not taking more than Two
Shillings and Sixpence for tlie same) to such Offender, or to
any Person applying in his or Her Majesty's Behalf, showing
the Christian and Surname of such Offender, his Ofifeoce, the
Place where the Court was held before which he was convicted,
the Sentence and the Conditions on which the Order of Trans-
portation was given ; which Certificate shall be sufficient Proof
of the Conviction and Sentence of such Offender, and also of
the Terms on which such Order for his Transportation was
given, in any Court and in any Proceeding wherein it may be
necessary to inquire into the same*
Disposal of XIX, And be it enacted. That when any Sentence of Death

Convict after shall be commuted for Transportation, or when any Marine
Sentence of gj^j^jj ^y Court-martial be adjudged to be transported, as autho-
ranspo on. ^.j^^j j^y ^j^j^ ^^^ j^. ^y^y^ y^ lawful for the Commanding Officer

of the Division to which such Marine shall have belonged to
cause him to be conveyed to the nearest Ship for the Re^ption
of Convicts, or if there shall be no such Ship in the Neighbour-
hood of the Division, then to the Gaol of the County in which
such Division shall be stationed, there to remain in safe Custody
until he shall be removed therefrom by due Authority under an
Order for his Transportation to be made by some Justice of the
Queen's Bench or Common Pleas or Baron of the Exchequer
as aforesaid ; and that a Certificate of his Sentence af);er the
same shall have been approved by the Lord High Admiral, or
the Commissioners for executing the Office of Lord High Admiral,
(such Certificate to be signed by the Commanding Officer of
the Division from which he shall be sent,) shall be a sufficient
Order, Requisition, and Authority to the Superintendent or
Chief Officer of the Convict Ship, or the Sheriff or the Keeper
of the Gaol of the County, as the Case may be, to receive and
detain him : Provided always, that in case of any such Offender
being so conveyed to the Gaol of the County, the usual Allowance
of Sixpence per Diem shall be made to the Keeper of the Gaol
for the Subsistence of such Offender during his Detention
therein, which Allowance shall be paid by the Pajonaster of the
* Division upon Production to him by the said Keeper of a

Declaration,

1840. Marine Mutiny. Cap. 8. 69

Declaration, to be made to bim before One of Her Majesty's
Justices of the Peace of such County, of the Number of -Days
during which the Offender shall have been so detained and
subsisted in such Gaol.

XX. And be it enacted, That in all Cases of any Person imprbonmcDt
belonging to the Royal Marine Forces being sentenced by any of Ofitoden.
General or other Court-martial to Imprisonment in any Hoiise
of Correction, Common Gaol, or Public Prison, the Gaolers
and Keepers of such Houses of Correction, Gaols, or Prisons
respectively shall receive into their Custody every such Person,
upon receiving an Order in Writing for that Purpose from the
Commanding Officer of the Division at which such Court-martial
shall have been held, together with a Copy of the Sentence
attested by the said Commanding Officer, and shall detain him
in Confinement in the Manner and for the Period mentioned
in such Sentence, or until he be duly discharge<i, or shall deliver
him up to such Person producing an Order in Writing to that
Effect from any such Commanding Officer, although the Period
for which he was committed shall not have expired ; and every
such Craoler or Keeper refusing or neglecting to receive' and
confine any such Person, pursuant to such Sentence, or to
discharge him upon any such Order, shall, on being convicted
thereof, forfeit for every such Offence the Sum of One hundred
Pounds.

XXL And be it enacted. That One Pentagon in the Ooe Pentagon
General Penitentiary at Millbankj to be selected by the Super- '? **** ^M'n^
intending Committee of the said Penitentiary, with the Appro- tJ^ tobe*
bation of one of Her Majesty's Principal Secretaries of State, appropriated
shall be deemed to be a Prison within the Meaning of any Act ^ » P^^fo"
now in force or hereafter to be in force for punishing Mutiny offenders.
and Desertion ; and that any Marine convicted by a Court-
martial may be sent by Order of the Commissioners for executing
the Office of Lord High Admiral to such Pentagon, there to
undergo Imprisonment, with or without hard Labour or
solitary Confinement, or such other Punishment as may be
awarded by his Sentence, and during the Time specified in the
said Order, or until he be discharged before the Expiration of
that Time by an Order duly made for that Purpose.

XXII. And be it enacted. That the Person who shall for the Powers and
Time be intrusted by the Superintending Committee or Visitor Duties of the
of the said Penitentiary with the Charge of the same Pentagon f *'7nt^ ^
shall be deemed to be the sole Superintendent thereof, and shall Superintendent
perform the same Duties and exercise the same Powers and of «id Pent».
Authorities in relation to such Pentagon, and to the Officers ^°'
exclusively belonging thereto, and to the Marines confined
therein, as the Governor of the said Penitentiary shall perform
and exercise in relation to the other Pentagons, Officers, and
Prisoners in the said Penitentiary, any thing in any Act to the
contrary notwithstanding ; subject nevertheless to such peculiar
Regulations- as tlie said Superintending Committee, with the
Approbation of one of the Principal Secretaries of State, may
froni Time to Time make in relation to such Pentagon, and

E 3 to

70

Cap. 8.

Marine Mutiny.

3 Vict.

Place of Con-
finement of
Offenders may
be changed.

Offenden
against for-
mer Mutiny
Acts maybe
tried under this
Act*

Itimitation as
to Time.

to the Superintendent and Officers thereof, and to die Marines
confined therein : Provided always, that nothing herein con-
tained shall prevent any Marine confined in the said Pentagon
from being taken to the Chapel or Infirmary of the said Peni-
tentiary.

XXIIL And be it enacted, That whenever it shall be deemed
expedient it shall be lawful for the said Lord High Admiral, or
tlie Commissioners for executing the Office of Lord High Admi-
ral, for the Time being, by any Order in Writing to be made for
that Purpose, under the Hand of the said Lord High Admiral,
or the Hands of Two or more of the Commissioners aforesaid,
and the Seal of the Office of Admiralty, to change the Place
of Confinement expressed in any Sentence of a Court-martial
to be held under the Authority of this Act either previous to
the Commitment of the Offender or under any such Sentence,
or at any Time during the Period of his Confinement, and so
from Time to Time as often as it shall be deemed requisite ;
and the Gaoler or other Person having the Custody of such
Offender shall, immediately on the Receipt of any such Order,
remove and convey such Offender to the Gaol, Prison, or House
of Correction mentioned in the said Order so to be made as
aforesaid (for the Charges of which Removal and Conveyance
he shall be allowed a Sum not exceeding One Shilling per
Mile) ; and every Gaoler or Keeper of such last-mentioned
Gaol or House of Correction shall thereupon, and upon being
furnished with a Copy of the Sentence of Confinement, and
of such Order of Removal, (such Copies respectively to be
attested by the Secretary of the Admiralty for the Time being,)
receive into his Custody and shall confine, pursuant to such
Sentence, every such Offender, under the like Penalty and
Forfeiture, in case of Refusal or Neglect, as is lastly herein-
before provided.

XXIV. And be it enacted. That all Crimes and Offences
committed against any former Act made for the Regulation of
the Royal Marine Forces while on shore, or against any of the
Rules, Regulations, or Articles of War made and established by
virtue of the same, may, during the Continuance of this Act,
be inquired of and punished in like Manner as if they had
been committed against this Act; and every Warrant for hold-
ing any Court-martial under any former Act shall remain in
full Force notwithstanding the Expiration of such Act ; and all
Proceedings of any Court-martial upon any Trial begun under
the Authority of such former Act shall not be discontinued by
the Expiration of the same : Provided always, that no Person
shall be liable to be tried and punished for any Offence against
any of the said Acts or Articles of War which shall appear to
have been committed more than Three Years before the issuing
of the Commission or Warrant for such Trial, unless the Person
accused, by reason of his having absented himself, or of some
other manifest Impediment, shall not have been amenable to
Justice within that Period, in which Case such Person shall be
liable to be tried at any Time not exceeding Two Years after

9 the

1840. Marine Mutiny. Cap. a 71

the Impediment shall have ceased; and provided also, that if
any Officer or Marine in any Place beyond the Seas shall com*-
mit any of the Offences punishable by Court-martial under this
Act, and shall escape and come or be brought into this Realm
before he be tried for the same, he shall, when apprehended, be
tried for the same as if such Offence had been committed within
this Realm.

XXV. And be it enacted. That no Person who shall have Appeal
been acquitted or convicted of any Offence at any Court-martial
diall be liable to be tried a Second Time for the same Offence^
except in the Cage of an Appeal from a Divisional to a General
Court-martial against a Conviction ; and that no Sentence of Rerision of
any Court-martial, signed by the President thereof, shall be Sentence.
liable to be revised more than once ; and no Witness shall be
examined nor shall any additional Evidence be received by the
Court on such Revision.

XX VL And be it enacted. That no Marine who shall absent Forfeiture of
himself without Leave, or who shall desert, shall be entided to '^J*
receive any Pay for the Time during which he shall have been
absent from his Duty without due Authority; nor shall any
Marine be entitled to Pay, or to reckon Service towards Pay
or Pension, for any Period during which he shall be in Con-
finement under the Sentence of any Court, or shall be absent
on any Charge cognizable by any Justice of the Peace or by
any Court of Criminal Judicature, or by reason of any Arrest
for Debt, or while he shall be in Confinement or absent as a
Prisoner of War; but if any Marine shall absent himself without
Leave for any Period not exceeding Five Days, and shall not
account for such Absence to the Satisfaction of his Commanding
Officer, it shall be lawful for such Officer, if he shall think fit,
in addition to such other Punishment as he has Authority to
inflict, to deprive any such Marine of his Pay for the Days on
which he shall have been so absent, and thereupon such Pay
shall be forfeited; in which Case such Marine shall not be
liable to be' afterwards tried by a Court-martial for such Ab-
sence : Provided always, that any Marine so deprived of his Pay
shall have a Right to insist on being tried by a Court-martial
for his Offence instead of submiting to such Forfeiture ; and if
acquitted of the Offence for which he shall have been in Con-
finement shally upon his Return to his Duty, be allowed, with
the Authority and Consent of the Commissioners for executing
the Office of Lord High Admiral, but not otherwise, to receive
the Arrears of Pay and to reckon Service for the Time he shall
have been so absent; and when a Marine shall rejoin Her Ma-
jesty's Service upon his Release from Confinement as a Prisoner
of War due Inquiry shall be made by a Court-martial into the
Circumstances of his Case, and if it shall be proved to the Satis*
bction of such Court that such Marine became a Prisoner with-
out wilful Neglect or Fault on his Part, and that he hath not
served with or in any Manner aided die Enemy, and that he
hath returned as soon as he possibly could to Her Majesty's
Service} he may thereupon be recommended by such Court to

£ 4 the

72

Cap. a

Marine Mutiny.

3 Vict.

Report of
Proceedings
of Courts-
martUL

Subsequent
Enlistment
no Protection
from Punish-
ment for De-
sertion.

Apprehension
of Deserters.

the said G)ininissioner8 to receive the Whole or any Prcmortion
of his Pay, and to reckon Service for the Time he shall have
been so absent; and provided alsoy that it shall be lawful for
the sajd Commissioners to order or withhold the Payment of
the Pay of any OiBcer or Marine for the Period during which
he shall have been absent from any of the Causes aforesaid.

XXVII. And be it enacted, That every Judge Advocate or
Person officiating as such at any General Court-martial, or the
President of any other Courtrmartial, shall transmit, with all
reasonable Expedition, the original Proceedings and Sentence
thereof to the Secretary of die Admiralty for^e Time beinff ;
and that the Person tried by any Greneral Court-martial slml,
upon Application to the Secretary of the Admiralty, be entitled
at any Time after the Expiration of Three Calendar Months
from the Date of such Sentence, but not sooner, whether such
Sentence be approved or not, to a Copy of the Proceedings and
Sentence^ upon paying reasonably for the same according to the
Length thereof; provided that such Application as aforesaid
shall have been made within the Space of Three Years from
the Date of the Approval or other final Decision upon the
Proceedings before such General Court-martial.

XXVIII. And be it enacted, That every Marine shall be
liable to be tried and punished for Desertion from any Corps
into which he may have enlisted, or from Her Majesty's Ser*^
vice, although he may of right belong to the Corps from which
he shall have originally deserted ; and if such Person shall be
claimed as a Deserter by the Coi'ps to which he originally
belonged, and be tried as a Deserter therefrom, or shall be
tried as a Deserter from any other Corps into which he may
have enlisted, or if he shall be tried while actually serving hi
some Corps for Desertion from any other Corps, every Deser-
tion previous or subsequent to that for which he shall be under
Trial, as well as every previous Conviction for any other Oifence,
may be given in Evidence as an Aggravation of the Crime for
which he shall be under Trial; and in like Manner, in the Case
of any Marine tried for any Offence whatever, any previous
Convictions may be given in Evidence against him; provided
that no such Evidence shall be received in any Case until after
the Court shall have found the Prisoner guilty of the Offence
for which he shall be so under Trial, and then only for the
I'urpose of fixing Punishment ; and provided that in all Cases
previous Notice shall have been given to the Offender of tlie
Intention to produce such Evidence at his Trial ; and provided
also, that before such Evidence shall be received it shall be
shown to the Satisfaction of the Court that such Notice had
l)een duly given to him, and the Court shall in no Case award
to him any greater or other Punishment than may by this
Act or by the Articles of War be awarded for the Crime for
which he shall be under Trial.

XXIX. And be it enacted, That it shall be lawful for the
Constable of any Place where any Person reasonably suspected
to be a Deserter shall be found, or of any adjoining Plac^ and

if

It^O. Marine MtOiny. Cap. 8. 73

if no such Constable can be immediately met with to secure
him, then for any OflBcer, Marine^ or other Soldier in Her
Majesty's Service, to apprehend or cause such suspected Per-
son to be apprehended, and cause him to be brought before
any Justice living in or near such Place and acting for the
same or any adjoining County, who shall examine such sus-
pected Person ; and if by his Confession, or the Testimony of
One or more Witnesses upon Oath, or by the Knowledge of
suchJustice^ it shall appear that any Person brought before
him is a Marine unlawfully absent from hl^ Duty, such Justice
shall forthwith cause him to be conveyed to the nearest or most
convenient Public Prison in the same or any next adjoining
County, and shall transmit an Account thereof, in the Form •
prescribed for that Purpose in the Schedule annexed to this
Act, to the Secretary of the Admiralty, with a Description of
the Person of such Deserter, and the Name of the Division to
which he shall belongs and also certifying the Names of the
Persons by \i4iom the Deserter was apprehended; and if the
Lord High Admiral, or the Commissioners for executing the
Office of Lord High Admiral, shall be satisfied such last-men-
tioned Persons are justly entitled to a Reward for such Ap-
prehension, the said Secretary shall in return transmit to such
Justice an Order upon the proper Department for the Payment
of the Sum of Twentv Shillings as a Reward to the Persons so
certified to be entitled thereto ; which Reward shall be paid
and charged against the Pay and Subsistence of any such De-
serter, and stopped out of the same : Provided always, that no
Fee or Reward shall be taken by any Justice or his Clerk in
respect of any Information, Commitment, or Report in the
Case of any such Deserter.

XXX. And be it enacted, That any Person who shall Fnudulent
voluntarily deliver himself up as a Deserter from Her Ma- Confesnonof
jesty's Royal Marine Forces, or who, upon being apprehended l^««^'"on-
for any Offence^ shall, in the Presence of the Justice, confess
himself to be a Deserter as aforesaid, shall be deemed to have
been duly enlisted and to be a Marine, and shall be liable to
serve in Her Majesty's Royal Marine Forces, whether such
Person shall have been ever actually enlisted as a Marine or
not; and in case such Person shall not be a Deserter from
the Royal Marine Forces, or shall have been discharged there-
from or from any other Corps as unserviceable or by Sentence
of Court-martial, or shall be incapable of Service, he shall be
liable to be punished as a Rogue and Vagabond, by summary
Conviction before any Justice of the Peace, or may be pro-
secuted and punished for obtaining Money under false Pre-
tences; and the Confession and receiving Subsistence as a
^larine by such Person shall be Evidence of the false Pretence
and of the obtaining Money to the Amount of the Value of
sQch Subsistence, and the Value of such Subsistence so obtained
maybe charged in the Indictment as so much Money received
by such Person ; and in case such Person shall have been pre-
viously convicted of the like Offence, or as a Rogue and Vaga-
bond

74

Cap.a

Marine Mutiiiy*

8 Vict.

Reward for
apprehending
Marines
attempting to
desert.

Penalty for
inducing or
assisting to

Custody and
Subsistence of
Deserters.

bond for making a fraudulent Confession of Desertion, such
former Conviction may be alleged in the Indictment, and may
be proved upon the Trial of such Person ; and in such Indict-
ment for a Second Offence it shall be sufficient to state that the
Offender was at a certain Time and Place convicted of obtain-
ing Money under false Pretences as a Deserter, or as a Rogue
and Vagabond for making a fraudulent Confession of Deser-
tion, without otherwise describing the said Offence; and a
Certificate containing the Substance and Effect only (omitting
the formal Part) of the Indictment and Conviction for the
former Offence, purporting to be signed by the Clerk of the
Court or other Officer having the Custody of the Record of
the Court where the Offender was first convicted, or by the
Deputy of such Clerk, or by the Clerk of the convicting
Magistrates, shall, upon Proof of the Identity of the Person of
the Offender, be sufficient Evidence of the First Conviction,
without Proof of the Signature or official Character of the
Person appearing to have signed the same ; and if the Person
so confessing himself to be a Deserter shall be serving at the
Time in Her Majesty's Royal Marine Forces he shall be
deemed to be and shall be desJt with as a Deserter.

XXXI. * And whereas it has been judged expedient, for the

* Prevention of Desertion, to establish Outlying Parties in the

* Vicinity of the respective Divisions of Hpyal Marines, for the
^ Purpose of intercepting such Men as may straggle or attempt
' to desert from Head Quarters, and it is fit that Encourage^
^ ment should be given to Persons composing such Parties to
< be diligent and active in their Duty in this Behalf;' be it
therefore enacted, That for and in respect of every Marine so
straggling or attempting to desert, who may be apprehended
at a greater Distance from Head Quarters than is allowed by
the Articles of War, the Party or Parties by whom he shall be
apprehended shall be entitled to a Reward of Ten Shillings to
be paid upon the delivering up of such Marine ; which Sum
of Ten Shillings shall be charged against and stopped and re-
tained out of the Pay and Subsistence, of every such Marine,
in like Manner as the Reward or Sum of Twenty Shillings is
herein-before directed to be charged against, stopped, and
retained out of the Pay and Subsistence or every Deserter.

XXXII. And be it enacted, That every Person who shall
in any Part of Her Majesty's Dominions directly or indirectly
persuade any Marine to desert, or shall assist any Deserter
from Her Majesty's Royal Marine Service in deserting, or in
concealing himself from such Service, knowing him to be such
Deserter, shall forfeit for every such Offence the Sum of Twenty
Pounds.

XXXIII. And be it enacted. That the Gaoler or other Per-
son having the immediate Superintendence of any Prison, Gaol,
or House of Correction shall diet and supply every Marine in
his Custody with Fuel and other Necessaries according to the
Regulations of the Prison to which he shall be so committed,
and shall receive on account of every such Marine, during his

Imprisonment,

1840. Marine Mutiny. Cap« 8» 75

Imprisonment, Sixpence per Diem for his Subsistence, to be
issued out of the Pay of such Marine, upon Application in
Writing to the Secretary of the Admiralty, signed by any Jus-
tice within whose Jurisdiction such Prison shall be locally
situated, tc^ther with a Copy of the Order of Commitment,
and which Sum of Sixpence per Diem shall be carried to the
Credit of the Fund from which the Expence of such Prison
is defrayed ; and all Gaolers and Keepers of Prisons shall and
they are hereby authorized and required to receive and confine
every Deserter from the Royal Marines who shall be delivered
into their Charge by any Officer, Soldier, or Marine conveying
any such Deserter under lawful Authority, on the Production
of the Warrant or Authority on which such Deserter shall have
been taken or detained; and every Gaoler or Keeper so receiv-
ing a Deserter shall be entided to One Shilling for the safe
Custody of him, while halted on the March, and to such daily
Subsistence as is herein-before provided ibr the Maintenance of.
Marines confined under any Sentence or otherwise.

XXXIV. And be it enacted. That every Craoler having Notice of Ex-
Nodce that any Person in his Custody is a Marine liable to pintion of im-
serve Her Majesty shall, previous to the Expiration of the ?"»""«"*•
Period of the Imprisonment of such Marine, give One Month's

Notice, or if there shall not be sufficient Time for a Month's
Notice, then the longest practicable Notice thereof, to the
Secretary of the Admiralty.

XXXV. And be H enacted, That every Marine Officer who PenoUy for
shall, without Warrant from One or more of Her Majesty^s forcible Entry.
Justices, forcibly enter into or break open the Dwelling House

or Outhouses of any Person whomsoever, under Pretence of
searching for Deserters, shall, upon due Proof thereof forfeit
the Sum of Twenty Pounds.

XXXVI. And be it enacted. That every Person who shall Enlisdng and
receive Enlisting Money to serve in the Royal Marines from any «^«»«>g of
Person employed in the Recruiting Service, he being an *^"****'
Officer, Non-commissioned Officer, or attested Marine, shall

be deemed to be enlisted as a Marine in Her Majesty's Ser-
vice, and while he shall remain with the Recruiting Party shall
be entitled to be billetted; and every Person who shall enlist
any Recruit shall first ask the Person ofiering to enlist whether
he does or does not belong to the Militia, and shall cause to be
taken down in Writing the Name and Place of Abode of such
Recruit, and if sucii Recruit shall not reside in or in the
Vicinity of the Town or Place where he offered to enlist, the
Place also at which he shall declare that he intends to sleep, in
order that within Forty-ei^ht but not sooner than Twenty-
four Hours (any intervening Sunday not included) after his
baving received the Enlisting Money, Notice of his having
so enUsted be given to the Recruit or left at his usual Place of
Abode, or at the Place where he stated that it was his Intention
to sleep ; and when any Person shall be enlisted as a Marine he
shall within Four Days (any intervening Sunday not included),
but not sooner than Twenty-four Hours (any intervening Svn^

day

Enlistment.

76 (2B,p. 8. Marine Mutiny. 3 ViCT.

day not included), after such Enlisting, unless he shall volun-
tarily have absented himself or absconded, appear, together with
some Person employed in the Recruiting Service of the Party
with which he shall have enlisted, before a Justice residing in
the Vicinity of the Place and acting for the Division or District
where such Recruit shall have been enlisted, and not being an
OiBcer in the Marines ; and if such Recruit shall declare his
having voluntarily enlisted, the said Justice shall put to him the
several Questions contained in the Schedule to this Act an-
nexed, and shall record or cause to be recorded in Writing
his Answers thereunto ; and the said Justice is hereby required
forthwith to cause the Answers so recorded in Writing and
the several Articles of War against Mutiny and Desertion to
be read over in his own Presence to such Recruit, and to ad-
minister to such Recruit the Oath in the Schedule to this Act
annexed applicable to the Case of a Recruit ; and the said
Justice is hereby required to give, under his Hand, the Cer-
tificate in the Schedule to this Act annexed ; and if any such
Recruit so to be certified shall refuse to take the Oatli in the
Schedule to this Act annexed before the said Justice, it shall
be lawful for the Officer or Non-commissioned Officer with
whom he enlisted to detain and confine such Person until he
shall take the said Oath of Fidelity.
Dissent and XXXVII. And be it enacted, That any Recruit appearing

Relief from within Four Days as aforesaid before such Justice shall be at

liberty to declare his Dissent to such Enlisting, and upon such
Declaration, and returning the Enlisting Money, and also paying
the Sum of Twenty Shillings for the Charges expended upon
him, together with the full Amount of Subsistence and Beer
Money which shall have been paid to such Recruit subsequent
to his Enlistment, shall be forthwith discharged in the Presence
of such Justice ; but if such Person shall refuse or neglect, within
the Space of Twenty-four Hours after so declaring his Dissent,
to return and pay such Money as aforesaid, he shall be deemed
and taken to be enlisted as if he had given his Assent thereto
before the said Justice; and it shall also be lawful for any
Justice to discharge any Person who shall have hastily enlisted,
and who shall apply to him to declare his Dissent within such
Four Days as aforesaid, upon Payment of the Sum of Money
required to be paid by any Recruit declaring his Dissent under
this Act, notwithstanding no Person belonging to the Recruiting
Party shall be with the Recruit, provided it shall appear to such
Justice, upon Proof to his Satisfaction, that the Recruiting
Party has left the Place where such Recruit was enlisted, or
that the Recruit could not procure any Person belonging to
such Party to go with him before the Justice; and the Sum
paid by such Recruit upon his Discharge shall be kept by the
Justice, and paid to any Person belonging to the Recruiting
Party entitled thereto, and demanding the same: Provided
always, that no Recruit who has actually though erroneously been
dischaiged by the Justice before the Expiration of Twenty-four
Hours after the Time of his Enlistment shall be liable on that

Account

1840. Marbu Mutiny* Cap. 8. 77

Account to be proceeded against as having deserted from Her
Majesty's Service ; and the Justice who shall discharge any lle^
emit shall in every Case give to him a Certificate under his
Hand specifying the Cause thereof.

XXXVIII. And be it enacted, That any Person duly bound Apprentices
as an Apprentice who shall enlist into Her Majesty's Royal f-^f *"*^ *** ^
Marine Forces, and shall state to the Magistrate before whom after the Ex-
he shall be attested that he is not an Apprentice, shall be pirationof
deemed guilty of obtaining Money by false Pretences, and *^^App^en-
shall, after the Expiration of his Apprenticeship, whether he ' '^'
shall have been so convicted and punished or not, be liable to

serve as a Marine, and if on the Expiration of his Apprentice-
ship he shall not deliver himself up to some Officer authorized
to receive Recruits, may be taken as a Deserter from Her Ma-
jesty's Royal Marine Forces.

XXXIX. And be it enacted, That no Apprentice claimed Punishineiit of
by his Master shall be taken from any Division, Detachment^ Apprentices
Recruiting Party, or Ship of Her Majesty, except under a ^ *^'
Warrant of a Justice residing near and within whose Jurisdic-
tion such Apprentice shall then happen to be^ and before whom

he shall be carried ; and such Justice shall inquire into the Mat*
ter upon Oath (which Oath he is hereby empowered to admi-
nister), and require the Production and Proof of the Inden--
ture, and that Notice of the said Warrant has been given to and
a Copy left with the Officer under whose Command the Appren-
tice shall then be^ and that such Person so enlisted declared
that he was no Apprentice ; and such Justice, if required by
soch Officer, shall commit the Offender to the Common Gaol of
the said Place where the Apprentice shall be apprehended, and
shall keep the Indenture to be produced when required, and
shall bind over such Person as he may think proper to give
Evidence against the Offender, who shall be tried at the next
or next succeeding General or Quarter Sessions of the County,
Division, or Place, unless the Court shall on just Cause put off
the Trial; and the Production of the Indenture, with the Cer-
tificate of the Justices that the same was proved, shall be suffir
cient Evidence of the said Indenture ; and every such Offender
in Scotland may be tried by the Judge Ordinary in the County
or Stewartry, in such and the like Manner as any Person may
be tried in Scotland for any Offence not inferring a Capital
Punishment; and any Justice not required as aforesaid to com-
mit such Apprentice may deliver him to his Master : Provided
always, that every Apprentice who shall enlist into the Royal
Marines during the Period of his Apprenticeship shall be
deemed guilty of a Misdemeanor, and upon Conviction be liable
to the same Punishment as Offenders convicted of obtaining
Money under false Pretences are liable to; and every such
Apprentice shall, after the Expiration of his Apprenticeship^
whether he shall have been prosecuted or not, be liable to serve
in Her Majest/s Royal Marine F(Nrces; and if o^ the Ex-
piration of his Apprenticeship he shall not deliver himself up

to

78 Cap. 8. Marme Mutiny. 3 Vict.

to some Officer authorized to receive Recruits he may be appre-
hended as a Deserter froni Her Majesty's Marine Forces.
n^^^ XL. And be it enacted. That if any Recruit shall receive

Rni;«»J!^»t. ^® Enlisting Money from any Person employed in tlje Recruit-
ing Service (knowing it to be such), and shall abscond or refuse
to go before a Justice^ or shall absent himself from the Re-
cruiting Party or Person with whom he enlisted, and shall not
voluntarily return to go before some Justice within such Period
of Four Days as aforesaid, such Recruit shall be deemed to be
enlisted and a Private in Her Majesty's Royal Marine Forces,
as fully to all Intents and Purposes as if he had been duly
attested, and may be apprehended and punished as a Deserter,
or for beine absent without Leave, under any Articles of War
made for the Punishment of Mutiny and Desertion ; and such
Recruit shall not be discharged by any Justice of the Peace after
the Expiration of such Four Days as aforesaid, unless it shall be
proved to the Satisfaction of such Justice that the true Name
and Residence of the Recruit were disclosed and known to the
Recruiting Party, and that no Notice was given to the Recruit,
or left at his usual Place of Abode, of his having so enlisted ;
provided that in every Case wherein any Recruit shall have
received Enlisting Money, and shall have absconded from the
Party, so that it shall not be possible immediately to apprehend
and bring him before a Justice, the Officer or Non-commissioned
Officer commanding the Party shall produce to the Justice
before whom the Recruit ought regularly to have been brought
for Attestation a Certificate of the Name and Place of Resi-
dence of such Recruit ; and the Justice to whom such Certifi-
cate shall be produced shall, after satisfying himself that the
Recruit who had absconded cannot be found and apprehended,
transmit a Duplicate thereof to the Secretary of the Admiralty,
in order that, in the Event of such Recruit being afterwards
apprehended and reported as a Deserter, the Fact of his having
received Enlisting Money, and having absconded after having
been enlisted, may be ascertained before he shall be finally ad-
judged to be a Deserter ; and any Recruit who shall enlist into
Her Majesty's Royal Marine Forces, and who shall be discovered
to be incapable of active Service by reason of any Infirmity
concealed or not declared by such Recruit before the Justice at
the Time of his Attestation, and mentioned therein, may be
transferred into a Garrison or Veteran or Invalid Battalion, and
shall be entided to receive such Profwrtion or Residue of Bounty
only as the Lord High Admiral, or the Commissioners for exe-
cuting the Office of Lord High Admiral, may allow in that Be-
half, instead of the Bounty upon which such Man shall have
been enlisted, any Act or any Rules and R(^lations to the
contrary notwithstanding ; and it shall be lawful for any Two
Justices before whom any Recruit shall be brought^ and who shall
be proved upon Oath before them to have wildly concealed his
having been a Marine or Soldier and discharged, or to have
concealed his having been discharged on any prior Enlistment,

or

1840. Marine MuHny. Cap.& "79

or to have wilfully concealed any Infirmity upon being attested,
or designedly made any false Kepresentation, to adjudge such
Person to be a Rogue and Vagabond, and to sentence him to
such Punishment as by any Law in force may be inflicted on
Roffues and Vagabonds and Vagrants and in.corrigible Rogues ;
and any Recruit who shall designedly make any false Repre-
sentation of any Particular contained in the Oaths and Certifi-
cates in the Schedule to this Act annexed, before the Justice at
the Time of his Attestation, and shall thereby obtain any Enlist-
ing Money or any Bounty for entering into Her Majesty's
Service, or any other Money, shall be deemed guilty of obtaining
Money under false Pretences, within the true Intent and Meai^
in^ if in Engltmd^ of an Act intituled An Act for consolidating 7&86.4.c.S9l
and amending the Laws in England relative to Larceng and other
Offences connected therewith ; and if in Ireland, of an Act passed
in the Ninth Year of the Reign of His Majesty King George
the Fourth, intituled An Act for consclidaiing and amending the 9 g. 4. c. ss*,
Laws in Ireland relative to Larceny and other Offences connected
therewith; and the Production of such Certificate, and Proof of
the Handwriting of the Justice giving such Certificate, shall be
sufficient Evidence of such Par^ having represented the several
Particulars contained in the Oath sworn by him, and specified
m the Certificate of the Justice at the Time of his having been
attested ; and that Proof by the Oath of One or more credible
Witnesses that the Person so prosecuted hath voluntarily ac-.
knowledged that at the Time of his Enlistment he belonged to
the Militia, or to any R^ment in Her Majesty's Service, or to
Her Majesty's Navy or Marines, or Ordnance, shall be deemed
and taken as Evidence of the Fact so by him acknowledged,
without Production of any Roll or other Document to prove
the same ; and such Proof of such Acknowledgment shall be
certified to the Secretary of the Admiralty by the Justice before
whom such Proof shall have been given ; and any Man who,
having been enrolled to serve in the Militia, and who at the
Time of offering to enlist into the Marines shall deny that he
is a MUitiA Man, or shall deny to the Justice before whom he
shall be attested that he belongs to the Militia, shall, on Con*
vicuon thereof before any One Justice in the United Kingdom,
either upon the Oath of One Witness' or upon his own Confess
sion, or upon the Production of the Attestation and the before-
mentioned Acknowledgment of such Person, certified by the
Secretary of the Adimralty, be committed to the Common
Gaol or House of Correction, there to remain without Bail or
Mainprise for and during any Time not exceeding Six Calen-
dar Months, over and above any Penalty or Punishment to
which such Person so offending may be otherwise liable^ and
shall from the Day on which his Engagement to serve in the
Militia shaU end^ and not sooner, belong as a Soldier to the
Division of Her Majes^*s Royal Marine Forces into which
he has so enlbted : Provided also^ that every such Person shall
be liable to serve in Her Majesty's Royal Marine Forces in
which he has so enlisted, during all the Time the Militia to

which

80

Cap. 8.

Marine Mutint/,

3 Vict.

Yearly Senrants
enlisting to be
entitled to a
Proportion of
their Wages.

Penalty on
Officers offend-
ing as to En-
listaient

Claims of
Masters to
Apprentices.

which he shall belong shall remain disembodied, or shall not
be called out for Training or Exercise, and shall during all such
Time be subject to all the Provisions of this Act, and be liable
to be apprehended and dealt with and punished as a Deserter
from the Marines if he shall neglect or refuse to join and serve
therein.

XLL And be it enacted. That it shall be lawful* for the Jus-
tice before whom any Recruit {being a hired Servant) shall be
attested before the Expiration of the Term of Service for which
he shall have been hired, to adjudge to such Recruit a rea-
sonable Proportion of his Wages for the Time he shall have
actually served, to be forthwith paid by the Master, upon whom
the said Justice shall make an Order accordingly, and if the
same be not paid within Four Days shall enforce the Payment
thereof by the same Means as pecuniary Penalties may under
this Act be recovered before a Justice.

XLII. And be it enacted, ITiat every Marine Officer who
shall designedly act contrary to the Provisi(ms of this Act in
any respect regarding the enlisting and attesting of Recruits for
Her Majesty's Service shall, upon Proof thereof upon Oath by
Two Witnesses before a General Court-martial, be cashiered,
and disabled to hold any Civil or Military Office or Employ-
ment in Her Majesty's Service.

XLHI. And be it enacted. That no Master shall be entitled
to claim an Apprentice who shall enlist as a Marine in Her
Majesty*s Service, unless such Master shall, within One Calendar
Month next after such Apprentice shall have left his Service,
go before some Justice, and take and subscribe the Oath men«
tioned in the Schedule to this Act annexed, and at the Time
of making his Claimi produce to the Officer under whose Com-
mand the Recruit shall be the Certificate of such Justice of
his having taken such Oath, which Certificate such Justice is
required to give in the Form in the Schedule to this Act
annexed ; nor unless such Apprentice shall have been bound,
if in Englandy for the full Term of Seven Years, (not having
been above the Age of Fourteen when so bound,) land, if in
Irdcmd or in the British Isles, for the full Term of Five Years
at the least, (not having been above the Age of Sixteen when so
bound,) and, if in Scotland^ for the full T^m at least of Four
Years, by a regular Contract of Indenture of Apprenticeship,
duly extended, signed, and tested, and binding on both Parties
by the Law of Scodand, prior to the Period of Enlistment, and
unless such Contract or Indenture in Seotland shall, within Three
Months after the Commencement of the Apprenticeship and
before the Period of Enlistment, have been produced to a Justice
of the Peace of the County in Seotland wherein the Parties
reside, and there shall have been indorsed thereon by such
Justice a Certificate or Declaration signed by him, specifying
the Date when and the Pereon by whom such Contract or
Indenture shall have been so produced, which Certificate or
Declaration such Justice of the Peace is hereby required to
indorse and sign ; nor unless any such Aj^rentice shall, when

B claimed

1840. Marine Mutiny. Cap. 8. 81

datmed by such Master, be under Twenty-one Years of Age ;
prcyvided that any Master of an Apprentice indentured for the
Sea Service shall be entitled to claim and recover him in the
Form and Manner above directed, notwithstanding such Appren-
tice may have been bound for a less Term than Seven, Five,
or Four Years as aforesaid; and any suck Master who shall give
Dp the Indentures of Apprenticeship within One Month after
the Enlisting of such Apprentice shall be entitled to receive to
hia own Use so much of the Bounty payable to such Recruit^
after deducting therefrom Two Guineas to provide him with
Necessaries, as shall not have been paid to such Recruit before
Notice given of his being an Apprentice.

XLIV. And be it enacted, That Musters, as have been Mustefs^snd

customary, shall be taken of every Division or Company of Jf^^ ^

Boyal Marines once in every Calendar Month, as siiali be "^'^'

appointed ; and no Officer or Marine shall be absent from any

such Muster, unless duly certified to be employed on some

other Duty of the Corps, or sick, or in Prison, or on Furlough ;

and every Person belonging to Her Majesty's Service who shall

give or procure to be given any untrue Certificate, thereby to

excuse any Person from any Muster or other Service which he

ought to attend or perform, or shall make any false or untrue

Muster of Man or Horse, or shall willingly allow or sign

any felse Muster or Duplicate thereof, or shall directly or

indirectly take or receive any Money or Gratuity for mustering

any Person, or for signing any Muster Roll or Duplicate, or

shall knowingly muster any Person by a wrong Name, shall,

npon Proof by Two Witnesses before a General Court-martial, .

for any auch Offence be forthwith cashiered, and disabled to

have or hold any Civil or Military Office or Employment in the

Service of Her Majesty; and any Person who shall fraudulently

offisr or procure himself to be falsely mustered, or lend or

furnish any Horse to be fidsely mustered, shall, upon Proof

thereof by the Oaths of Two Witnesses before some Justice of

the Peace residing near* to the Place where such Muster shall

be made, forfeit the Sum of Twenty Pounds, and the Informer,

if he belong to Her Majesty's Service, shall, if he demand it,

be forthwith discharged ; and if any Person not belonging to

Her Majesty's Service shall give or sign any untrue Certificate

of Illness or otherwise, in order to excuse way Officer or Marine

from Appearance at any Muster, or whereby Her Majesty^s

Service may be defrauded, every Person so offending shall

ibr every such Offence forfeit the Sum of Twenty Pounds.

kLV. And be it enacted. That all Muster Rolls and Pay Verifying or
lista of Royal Marines required to be verified upon Oath shall ^""^r ^^^^
be sworn before and attested by any Justice of die Peaces
without Fee cur Reward to himself or his Clerk.

XLVJl* And be it enacted, That when there shall not be Exteosicn of
any Officer of Her Majesty's Land or Marine Forces of the ^'^J^^j^'.
Sank of Captain^ or of a superior Rank, or any Adjutant of ^^°
Militia, witbm convenient Distance of the Place where any
Kon-Gonunissioned Officer or Marine on Furlough shall be
[Na 6. Price 2d] F detained

8S

Marebing
Monejoii
Diacharge.

Billctdngcf
Marines.

Cap. 8. Marine Mutiny. S Vict.

detained by Sickness or other Casualty rendering necessary
any Extension of such Furlough^ it shall be lawful for any
Justice who shall be satisfied of such Necessity to grant an
Extension of Furlough for a Period not exceeding One
Month ; and the said Justice shall immediately certify such
Extension, and the Cause thereof, to the Commanding Officer
of the Division or Detachment to which the Man belongs, if
known, and if not, then to the Secretary of the Admiralty, in
order that the necessary Allowance of Pay and Subsistence
may be remitted to the Marine, who sliall not during the Period
of such Extension of Furlough be liable to be treated as a
Deserter: provided that noUiing herein contained shall be
construed to exempt any Marine from Trial and Punishment,
according to the Provision of this Act, for any false Repre-
sentation made by him in that Behalf to the said Officer or
Justice so extending the Furlough, or for any Breach of Dis-
cipline committed by him in applying for and obtaining the said
Extension of Furlough.

XLVII. And be it enacted. That every Marine upon being
discharged from the Service shall be entitled to an Allowance
(not exceeding in any Case the Amount of Twenty-one Day's
Marching Money) to enable him to reach his Home, which
Allowance shall be calculated according to tlie Distance he has
to travel : Provided always that no Person who shall purchase
his own Discharge, or be discharged on account of Misbehaviour,
or at his own Desire, before the Expiration of his Period of
Service, shall be entitled to any such Allowance.

XL VIII. ^ And whereas there is and mav be Occasion for the

* marching and also for the quartering of the Royal Marine

* Forces when on shore ;' be it enacted. That during the Con-
tinuance of this Act, upon the Order or Orders in Writing in
that Behalf under the Hand of the Lord High Admiral, or the
Hands of Two or more of the Commissioners for executing the
Office of Lord High Admiral for the Time being, it shall be
lawful for all Constables and other Persons specified in this Act
in England and Ireland^ and they are hereby required to billet
the Officers and Marines, whether marching or otherwise, and
also all Staff and Field Officers Horses, and all Bat and Bag-
gage Horses belonging to the Royal Marine Forces, when on
actual Service, (not exceeding for each Officer the Number
for which Forage is allowed by Her Majes^s Regulations,)
in Victualling Houses and other Houses specified in this Act^
taking care in Ireland not to billet less than Two Men in any
One House; and they shall be received by the Occupiers. of
such Houses, and be furnished with proper Acconunodation in
such Houses, and in England with EMet and Small Beer, and
with Stables, Hay, and Straw for such Horses as aforesaid, pay-
ing and allowing for the same the several Rates herein-after
provided; and at no Times when Marines are on a March shall
any of them be billetted above One Mile from the Place men-
tioned in the Route ; and in all Places where Marines shall be
billetted in pursuance of this Act the Officers and their Horses

shall

1840. Marine Mutiny.' Cap. 8. 83

shall be billetted in one and the same House, except in case of
Necessity ; and the Constables are hereby required to billet all
Marines on their March in a just and equal Proportion upon
the Keepers of all Houses within One Mile of the Place men-
tioned in the Route, although some of such Houses may be in
the adjoining County, in like Manner in every respect as if such
Houses were therein locally situate: 'Provided always, that
nothing herein contained shall be construed to extend to autho-
rize any Constable to billet Marines out of the County to which
such Constable belongs, when the Constable of the adjoining
County shall be present and undertake to billet the due Pro-
portion of Men in such adjoining County ; and no more Billets
shall at any Time be ordered than there are effective Marines
and Horses present to be billetted; all which Billets, when
made out by such Constables, shall be delivered into the Hands
of the Commanding Officer present; and if any Person shall find
himself aggrieved by having an undue Proportion of Marines
billetted in his House, and shall prefer his Complaint, if against
a Constable or other Person not being a Justice, to One or
more Justices, and if against a Justice, then to Two or more
Justices within whose Jurisdiction such Marines *are billetted,
such Justices respectively shall have Power to order such of the
Marines to be removed and to be billetted upon other Persons
as they shall see Cause ; and when any Horses belonging to the
Officers of Her Majesty's Royal Marine Forces shall be billetted
upon the Occupiers of Houses who shall have no Stables, then,
upon a written Requisition of the Officer commanding such Ma-
rines, the Constable is hereby required to billet die Horses upon
some other Person having Stables by this Act liable to have
Officers and Marines billetted upon them, and any Two or
more Justices of the Peace may order a proper Allowance to be
paid by the Persons relieved to the ]?ersons receiving such
Horses, or to be applied in the furnishing the requisite Accom-
modation; and the Commanding Officer may exchange any
Man or Horse billetted in any Place with anotlier Man or
Horse billetted in the same Place, for the Convenience or
Benefit of the Service, provided the Number of Men and Horses
do not exceed the Number at that Time billetted on such
Houses ; and the Constables are hereby required to billet such
Men and Horses so exchanged accordingly; and it shall be
lawful for any Justice, at the Request of any Officer or Non-
commissioned Officer commanding any Marines requiring Bil-
lets^ to extend any Route, or enlarge the District within which
Billets shall be required, in such Manner as shall appear to be
most convenient to Her Majesty's Service: Provided always,
that to prevent or punish all Abuses in billetting Marines it
aball be lawful for any Justice, within his Jurisdiction, by War-
rant or Order under his Hand, to require any Constable to
give him an Account in Writing of the Number of Officers and
Marines who shall be quartered by such Constable, together
with the Names of the Persons upon whom such Officers and
Marines are billetted, stating the Street or Place where such

F 2 Persons

84 Cap. 8. Marine Mutiny. 3 Vict.

Persons dwell, and the Signs, if any, belonffing to their Houses ;
and it shall be lawful to billet Officers and Marines in Scodand
according to the Provisions of the Laws in force in Scodand at
the Time of its Union with England; and no Officer shall be
obliged to pay for his Lodging where be shall be r^ularly
biiletted, except in the Suburbs of Edinburgh : Provided always,
diat no Justice, being ail Officer of Royal Marines, shall directly
or indirectly be concerned in billetting or appointing Quarters
under this Act
Allowance to XLIX. And be it enacted. That the Innholder or other
Innkeepers. Person on whom any Marine is biiletted in England shall, if
required by such Marine^ furnish him for every Day on the
March, and for a Period not exceeding Two Days when halted
at any intermediate Hace upon the March, and for the Day of
Arrival at the Place of final Destination, with One hot Meal
in each Day, the Meal to consist of such Quantities of Diet and
Small Beer as may be fixed by Her Majesty's Regulations, not^
exceeding One Pound and a Quarter of Meat previous to being
dressed, One Pound of Bread, One Pound of Potatoes or other
Vegetables, and Two Pints of Small Beer, and Vinegar, Saltf
and Pepper, and for such Meal the Innholder or other Person
furnishing the same shall be paid the Sum of Ten-pence ; and
ail Innholders and other Persons on whom Marines may be
biiletted in England (except on the March, when they are
entitled to be furnished with the hot Meal as aforesaid) shall
furnish such Marines with Candles, Vinegar, and Salt, and shall
allow them the Use of Fire and tlie necessary Uti^nsils for
dressing and eating their Meat, and shall be paid in consider-
ation thereof the Sum of a Halfpenny per Diem for each
Marine; and the Sum to be paid the Innholder or other
Person on whom any of the Horses belonging to Her Migesty's
Royal Marine Forces shall be biiletted in Ef^land^ for Hay and
Straw, shall be Ten-pence per Diem for each Horsey and in
'Ireland the Sum to be paid for Forage to the Innholder or other
Person for Horses biiletted by virtue of this Act shall be the
Rate established by the Lord Lieutenant or other sufficient
Authority from Time to Time, the same to be regulated by
the Average Rate of Contracts for Forage in Ireland ; and for
the Use of Stables in Ireland^ when such Horses are provided
with Hay and Straw by Contract, and not by the Occupiers
of the Houses in which they are biiletted, the Sum of Four-
pence per Week for each Horse shdl be paid; and every Offi-
cer to whom it belongs to receive or who shall actually receive
the Pay and Subsistence of the said Men shall every Foar
Days, or before they shall quit theit Quarters if they shall not
remain so long as Four Days, setde the just Demands of all Vic-
•tuallers or other Persons on whom such Men are biiletted, ont
of their Pay and Subsistence, before any Part of the said Pay
or Subsistence be distributed to them respectively ; and if any
mich Officer shall not pay the same, then, upon Complaint and
Oath made thereof by any Two Witnesses, at the next Quarter
Sessions for the County or City where such Quarters arc situate,

the

1840L Marine Muiimf. Cap,& 85

the Secretary of the Admiralty is hereby required, upon Cer-
tificate of the Justices before whom such Oath shall be made of
the Sum due to die Complainant, to order Payment of the
Amount which shall be charged against such Officer ; and in
case of any Marines being suddenly ordered to march, and of
the Commanduig Officer not being enabled to make inunediate
Payment of the Sums due on account of the Billets, every such
Officer shall before his Departure make up the Account with
every Person upon whom any such Marines may have been
billetted, and sign a Certificate thereof; which Account and
Certificate, on being transmitted to the Secretary of the Adnii-
raity, shall be immediately paid, and charged to the Officer^s
Aeoount.

L. And be it enacted. That for the r^plar Provision of Supply of
Garriages for the Royal Marine Forces and their Baggage on
then- Marches in EaugJand and Irekaad^ all Justices of the reaoe
within their several Jurisdictions, being duly required there*
anto by Order of the said Lord High Admiral, or Two or
more of the Commissioners for executing the said Office of
Lord High Admiral for the Time being, shall on the Produc-
tion of such Order to them, or any One or more of them, by the
Officer or Non*commissioned Officer of the Party of Marines so
ordered to march, issue a Warrant to any Constable having
Authority to act in any Place from, through, near, or to which
soeh Marines shall be ordered to march, (for each of which
Warrants a Fee of One Shilling only shall be paid,) requiring
him to provide the Carriages, Horses, Oxen, and Drivers tliere-
in mentioned, (allowing sufficient Time to do the same,) specify^
iog the Places from and to v^ich the said Carriages shall travel,
and the Distance between the Places, for which Distance only
so specified Payment sbidl be demanded, and which Distance
shall not, except in Cases of pressing Emergency, exceed the
Day's March prescribed in the Order of Route, and shall in no
Case exceed Twenty-five Miles ; and the Constables receiving
such Warrant shaU order such Persons as they shall think pro-
per, having Carriages, to furnish the requisite Supply, who are
hereby required to furnish the same accordingly ; and in case
sufficient Carriages cannot be procured within the proper Juris-
diction, any Justice of the next adjoining Jurisdiction shall, by
a like Course of Proceeding, supply the Deficiency; and in
order that the Burden of providing Carriages may fall equally,
and to prevent Inconvenience arising from there being no Jufr-
tiee residing near the Place where Marines may be quartered
on the March, the Justice or Justices residing nearest to such
Place shall cause a List to be made out, at least once in every
Year, of all Persons liable to fiirnish such Carriages, and of the
Number and Description of their said Carriages, (which Lists
shall at all seasonable Hours be open to the Inqtection of the
aid Persons,) and diall by Warrant under his Hand authorize
the Constables within his Jurisdiction to give Orders to provide
Cairiages without any special Warrant from him for that Pur-
pose, which Orders dhall be valid in all req>ects; and all Orders

F 3 for

86 Cap. 8. Marine Mutiny. Q Vicr.

for 8uch Carriages shall be made from such Lists in regular
Rotation, so far as the same can be done.
Bates for LI. And be it enacted, That in every Case in which the

Carriages. whole Distance for which any Carriage shall be impressed shall
be under One Mile the Rate of a full Mile shall be paid; and
the Rates to be paid for Carriages impressed shall be, in Enff-
hmd^ for eveiy Mile which a Waggon with Four or more
Horses, or a Wain with Six Oxen, or Four Oxen and Two
Horses, shall travel. One Shilling; and for every Mile any
Waggon with narrow Wheels, or any Cart with Four Horses,
carrying not less than Fifteen Hundred Weight, shall travel.
Nine-pence; and for every Mile every other Cart or Carriage
with less than Four Horses, and not carrying Fifteen Hundred
Weight, shall travel. Sixpence ; and in Irehoidj for every Hun-
dred Weight loaded on any Wheel Carriage, One Halfpenny
per Mile ; and in England such further Rates may be added,
not exceeding a total additional Sum per Mile of Four-pence,
Three-pence, or Two-pence, to the respective Rates of One
Siiilling, Nine-pence, and Sixpence, as may seem reasonable to
the Justices assembled at General Sessions in England for their
respective Districts, or to the Recorder of any Municipal City,
Borough, or Town, Corporate or not Corporate; and the
Order of such Justices at Sessions shall specify the Average
Price of Hay and Oats at the nearest Market Town at the
Time of fixing such additional Rates, and the Period for which
the Order shall be enforced, not exceeding Ten Days beyond
the next General Sessions (and no such Order shall be valid
unless a Copy thereof signed by the presiding Magistrate and
One other Justice^ or by the Recorder, shall be transmitted to
the Secretary of the Admiralty within Three Days after the
making thereof) ; and also in England^ when the Day's March
shall exceed Fifteen Miles, the Justice granting his Warrant
may fix a further reasonable Compensation, not exceeding the
usual Rate of Hire fixed by this Act; and when additional
Rates or Compensation shall be granted, the Justice shall insert
in his own Hand in the Warrant the Amount thereof, and the
Date of the Order of Sessions, if fixed by Sessions, and the
Warrant shall be given to the Officer commanding, as his
Voucher: Provided always, that the Officer or Non-commis-
sioned Officer demanding Carriages by virtue of the Warrant
of a Justice shall, in England^ pay down the proper Sums into
the Hands of the Constables providing Carriages, who shall
give Receipts for the same on unstamped Paper ; and, in /re-
hmdi the Officers or Non-commissioned Officers as aforesaid
shall pay the Owners or Drivers of the Carriages ; and One
Third Part of such Payment shall be made before the Car-
riage be loaded, and all the said Payments in Ireland shall be
made, if required, in Presence of a Justice or Constable: Pro-
vided also^ that no Carriage shall be liable to carry more than
Thirty Hundred Weight in England^ and in Ireland no Car shal|
be liable to carry more than Six Hundred Weight, and no
Dray more than Twelve Hundred Weight ; but the Owner of

such

1840. Marine Mutiny. Cap. s. 87

sach Carnaglss in Ireland consenting to carry a greater Weight
shall be paid at the same Rate for every Hundred Weight of
the said Excess; and the Owners of such Carriages in Ireland
shall not be compelled to proceed, though with any less Weight,
under the Sum of Three-pence a Mile for each Car, and Six-
pence a Mile for each Dray ; and the Loading of such Carriages
in Ireland shall I^ first weighed, if required, at the Expence of
the Owner of the Carriage if the same can be done in a reason-
able Time without Hindrance of Her Majesty's Service ; and
the providing and paying for Carriages in Scotland shall be
r^mated by the Law in force at the Time of the Union with
Inland : Provided also, that a Cart with One or more Horses,
for which the Furnisher shall receive Nine-pence a Mile, shall
be required to carry Fifteen Hundred Weight at the least ; and
that no Penalties or Forfeitures in any Act relating to High-
ways or Turnpike Roads ill* the United Kingdom shall apply
to the Number of Horses or Oxen, or Weight of Loading of
the aforesaid Carriages, nor shall any such Carriages on that
Account be stopped or detained.

\Ah And be it enacted. That all Officers and Marines, Exemptioii
being in proper Uniform, Dress or Undress, and their Horses, ^'^^ ^^^
but not when passing in any private or hired Vehicle, and all
Carriages and Horses when employed in conveying Persons or
Ba^age under the Provisions of this Act, or returning there-
from, and all Recruits marching by Route, shall be exempted
from the Payment of any Duties and Tolls on embarking or
disembarking from or upon any Pier, Wharf, Quay, or Landing
Place, or passing Turnpike Roads or Bridges, otherwise
demandable by virtue of any Act already made or hereafter to
be made ; and if any Toll Collector shall demand or receive
Toll from any Marine Officer or Marine who shall be in proper
Uniterm, Dress or Undress, and who by this Act is exempted
from Payment thereof, such Collector shall for every such
Offence be liable to a Penalty not exceeding Five Pounds;
provided that nothing herein contained shall exempt any Boats,
Baiges, or other Vessels employed in conveying the said Persons,
Horses, Baggage, or Stores along any Canal from Payment
of Tolls in like Manner as other Boats, Barges, and Vessels
are liable thereto^ except when employed in Cases of Emergency
as herein mentioned; and that when any Officers or Marines
on Service shall have Occasion in the March to pass regular
Ferries in Scotland^ the Officer commanding shall be at liberty
to pass over with his Marines as Passengers, paying for himself
and each Marine One Half only of the ordinary Rate payable
by Passengers, or he shall be at liberty to hire the Ferry Boat
for himself and his Party, debarring all others for that Time^
and shall in such Case pay only Half the ordinary Rate for
such Boat.

LIIL And be it enacted, That if any Constable or other cwi aS^cST
Person who by virtue of this Act shall be employed in billet- oflfendiog
ting any Officers or Marines in any Part of the United Kingdom: "g*"*** ^
shall presume to billet any such Officer or Marine in any House ^KilrtMmf

F 4 not CanriagM.

88

Penalty upon
Officers of
Marines so
offending.

Cap. 6. Miorine Mtfiii^. 8 Vfcr»

not within the Meaning of this Act, widiout the CSftnetit of the
Owner or Occupier thereof; or shall n^lect or refase to biliet
any Officer or Marine on Daty, when thereunto required, in
such Manner as is by this Act directed, provided soffcient
Notice be given before the Arrival of sudh Marines ; or rfiali
receive, demand, or agree for any Money or Reward what-
soever in order to excuse any Person from reteiving any such
Officer or Marine; or shall quarter any of the Wives, Children^
Men or Maid Servants of any Officer or Marine in any such
Houses, against the Consent of the Occupiers ; or shall laeglecl
or refese to execute such Warrants of the Justices as shall be
directed to 4iim for providing Carriages^ Horses, or Vessels, or
shall demand more than the legal Rates for the same ; <er if any
Pei^n appointed or ordered by sudi Constable to (provicik
Carriages, Horses, or Vessels shall refuse or neglect to provide
the same, or shaJl demand more \han the legid Rates for the
same, or shall do any Act or Thing by which the Execution of
such Warrants shall be hindered ; or if any Person liable by
tliis Act to have any Officer or Marine quartered on him «hall
refuse to receive any such Officer or Marine, or to affi>rd him
proper Accommodation or Diet in the House of sach Person
in which he is quartered, or to furnish the sevei*ai Hiinga
directed to be furnisAied to Officers and Marines, or shall
neglect or refuse to furnish good and sufficient Stables^ together
with good and sufficient Hay and Straw for each Horse, at the
Rate established by this Act, and in such Quantities as diall
be fixed by Her Majesty^s Regulations, not exceeding Ei^teen
Pounds of Hay and Six Pounds of Straw per Diem for each
Horse, or shall pay any Sum of Money to any Marine on the
March in lieu of furnishing in Kind the Diet and Small Beer
to which such Marine is entided, such Constable, Victualler^
and other Person respectively shall forfeit for every Offence^
Neglect, or Refusal any Sum not exceeding Five Pounds nor
less than Forty Shillings.

LIV. And be it enacted, That if any Officer of Royal Ma-
rines shall take upon him to quarter Men otherwise than is
allowed by this Act, or shall use or offer any Menace or Compul-
sion to or upon any Justice, Constable, or other Civil Ofiicer,
tending to deter and discourage any of tliem from performing
any Part of their Duty under this Act, or to do any thing con-
trary thereto, such Officer shall for every such Ofl^nce, being
thereof convicted before any Two or more Justices of the
County by the Oath of Two credible Witnesses, be deemed and
taken to be ipso facto cashiered, and shall be utterly disabled
to hold any Military Employment in Her Majesty's Service ;
provided a Certificate thereof be forthwith transmitted by the
said Justices to the Secretary of the Admiralty, and that the
Conviction be affirmed at some Quarter Sessions of the Peace
for the said County to be held next after the Expiration of
Three Months after such Certificate shall have been transmitted
as aforesaid; and if any Mai*ine Officer sliali take or knowingly
suffer to be taken any Money or Reward of any Person for

5 excusing

1340* MmneMuHny. Cap.8. m

excosing the quartering of Offio«« or Marines, or riiall billet
any ci the Wives, Children, Men or Mud Servants of any Oflfeer
or Marine^ in any House, against the Consent of the Occupier,
he shall for any of the said Offences, upon being convicted
thereof before a General Oo«rt*niartial, be oashicMped; and if
any Officer shall constrain any Carriage to travel beyond the
Dnlanee specified in the Justioe^s Warrant, or shall not discharge
the sane in due Time for their Return home on the same Day
if it be practicable, except in the Case of Emergency, for
wfaidli the Justice sfaidl have given Licence^ or shall compel
the Driver of any Carriage to take up any Marine or Servant
(except sodi as are sick) or any Woman to ride therein, except
in Cases of Eraeigency as aforesaid, or shall force any Con-
stable, fay threatening Words, to provide Saddle Horses for him*
sdf or Servants, or shall force I^rses from their Owners, or in
bdtmi slidl force the Owner to take any Loading until die
same shall be first duly weighed, if the same shall be required
and can be d<me witliin a reasonable Time^ or shall, contrary
to the Witt of the Owner or his Servant, permit any Person
whatsoever to put any greater Load upon any Carriage thim is
directed by this Act, he shall forfeit for every Offence any Sum
not exceeding Five Pounds or lesst ban Forty Shlltngs.

LV. And be it enacted, That any Person who shall unlawfolly Penalty for
have in his or her Possession or Keeping, or who shall know- purchasiug
iagly detain, buy, or exchange, or otherwise receive from any ^^ *"
Marine or Marine Deserter, or any other Person, upon any Marine.
Account or Pretence whatsoever, or shall solicit or entice any
Marine, or shall be employed by any Marine, knowing him
to be such, to sell any Arms, Ammunition, Clothes, or Military
Furniture or any Provisions, Sheets, or other Articles used in
Barracks or provided under Barrack Uegulations, or which are
generally deemed Regimental Necessaries, according to the
Custom of the Royal Marine Corps, or dhall change or cause
the Colour or Mark of any such Clothes, Appointments, or
Necessaries to be changed or defaced, shall forfeit for every
anch Ofience any Sum not exceeding Twenty Pounds, together
with Treble the Value of all or any of the several Articles
of which such Offender shall so become possessed; and if any
Person, having been so convicted, shall afterwards be guilty of
any such Ofience^ and shall be convicted thereof by One or >
more Justices of the Peace, every such Offender shall, for
every such Offence, in addition to the Forfeiture of Treble
Value of all or any of the several Articles of which such
Offender shall have so become possessed, be committed to the
Common Gaol or House of Correction, there to be imprisoned
only, or to be imprisoned and kept to hard Labour, for such
Term not exceeding Six Calendar Months as the convicting
Justice or Justices shall think fit ; and upon any Information
against any Person for a Second or any subsequent Offence, a
Copy of the Conviction certified by the proper OflScer having
the Care or Custody of such Conviction or any Copy of the
Km^ proved to be a true Copy, shall be sufficient Evidence

to

90 Cap. 8. Marine Mutiny^ 8 Vicr.

to prove a Conviction for the former Offence; and if any
credible Person shall prove on Oath before a Justice of the
Peace, or Person exercising like Authority according to the
Laws of that Part of Her Majesty's Dominions in which the
Offence shall be committed, a reasonable Cause to suspect that
, any Person has in his or her Possession or in his or her Pre-
mises any Proper^ of the Description herein-before described,
on or with respect to which any such Offence shall have
been committed, the Justice may and he is hereby required to
grant a Warrant to search for such Property as in the Case
of stolen Goods ; and if upon Search any such Property shall
be found the same shall and may be seized by the Officer
charged with the Execution of such Warrant, who shall bring
the Offender in whose Possession the same shall be found
before such Justice to be dealt with according to Law.
ivnilty on LVL And for the better Preservation of the Game and Fish

Officers killing in or near such Place where any Officers shall at any Time be
^■™«' quartered, be it enacted. That every Officer who shall, without

Leave in Writing from the Person or Persons entitled to grant

such Leave, take, kill, or destroy any Game or Fish within the

United Kingdom, and who upon Complaint thereof shall be^

upon Oath of One or more credible Witness or Witnesses,

convicted before any Justice, shall for every such Offence forfeit

the Sum of Five Pounds.

Officers not LVIL And be it enacted, That no Officer of Her Majesty's

liable to uko Royal Marine Forces residing in Barracks or elsewhere under

r^iribh Appreii- Military Law shall be deemed liable to have any Parish poor

Child bound Apprentice to him.
Mode of re- LVIIL And be it enacted. That any Justice in the United

cording a M». Kingdom, within whose Jurisdiction any Marine shall be quar-
nne s Setde- tered, may summon such Marine before him, which Summons

such Marine is hereby required to obey, and take his Exami-
nation in Writing upon Oatn touching the Place of his last legal
Settlement in England, and such Justice shall give an attested
Copy of such Examination to the Person so examined, to be
by liim delivered to his Commanding Officer, to be produced
when required; which said Elxamination and such attested
Copy shaQ be at any Time admitted in Evidence as to such
last legal Settlement before any Justice or at any General or
Quarter Sessions of the Peace, although such Marine be dead
or absent from the Kingdom : Provided always, that in case
any Marine shall be again summoned to make Oath as afore-
said, then on such Examination or such attested Copy being
produced, such Marine shall not be obliged to make any
otlier or further Oath with regard to his legal Settlement, but
shall leave with such Justice a Copy of such Examination, or a
Copy of such attested Copy of Examination, if required.
Administimtioa LlX. And be it enacted. That all Oaths and Declarations.
ofOathi. which are authorized or required by this Act may be admi-

nistered (unless where otherwise, provided) by any Justice of
Peijury. the Peace or Magistrate acting as such ; and that any Person

giving false Evidence or taking a false Oath or Declaration in

6 any

1840. Marine Mutiny. <>ap. a 91

any Case wherein an Oath or Declaration is authorized or re-
quired to be taken by this Act, and being thereof duly con«
victed, shall be deemed guilty of wilful and corrupt Peijury,
and shall be liable to such Pains and Penalties as Persons
convicted of wilful and corrupt Perjury are or may be subject
and liable ta

LX. And be it enacted, That it shall be lawful for any Two Licences of
Justices of the Peace, within their respective Jurisdictions, to Canteens.
grant or transfer any Licence for selling by Retail any Spirit,
Beer, Wine, Cider, or Perry to any Person or Persons apply-
ing for the same who shall hold any Canteen under any Lease
thereof, or by Agreement with any Department or other Au-
thority under the said Lord High Admiral, or the Commis-
sioners for executing the Office of Lord High Admiral for the
Time being, without regard to the Time of Year or any
Notices or Certificates required by any Act in respect of such
Licences ; and the Commissioners of Excise, within their re-
spective Districts, shall also grant or transfer any such Licence
as aforesaid; and such Persons holding such Canteens, and
having such Licences as aforesaid, may sell therein Victuals,
and sdl such flxciseable Liquors as they shall be licensed and
empowered to sell, without being subject for so doing to any
Penalty or Forfeiture whatever.

LXI. And be it enacted. That if any Action shall be brought LimititfioB of
agaiinst any Member or Minister of a Court-martial to be as- AcUom.
sembled under the Authority of this Act in respect of the
Proceedings or the Sentence thereof, or against any otiier Per-
son for any thing done in pursuance or under the Authority of
this Act, the same shall be brought in some one of the Courts
of Record at fVestmintter or Dublin^ or in the Court of Session
in Scotland, and shall be commenced within Six Months next
after tlie Cause of Action shall arise, and that it shall be lawful
for the Defendant or Defendants therein to plead thereto the
General Issue, and to give all special Matter in Evidence on
the Trial ; and if the Verdict shall be for the Defendant in any
such Action, or if the Plaintiff shall become Nonsuit, or suffer
any Discontinuance thereof, or if, in Scotland, the Court shall
see fit to assoilzie the Defendant or dismiss the Complaint, the
Court in which the Matter shall be tried shall allow the De-
fendant Treble Costs, for the Recovery of which he shall have
the like Remedy as in other Cases where Costs by the Laws of
this Realm are given to Defendants.

LXIL And be it enacted. That all Offences for ivhich any Reeorery of
pecuniary Penalty or Forfeiture not exceeding Twenty Pounds, Pen*l*»«-
over and above Any Forfeiture of Value or 1 reble Value, is by
this Act imposed, shall and may be heard and determined by
any Justice of the Peace in that Part of the United Kingdom
in or near to which the Offence shall be committed; and all
such Penalties and Forfeitures, and Forfeiture of Value and
Treble Value, shall and may be enforced and recovered in the
same Manner as any pecuniary Penalties may be recovered
tmder the Provisions of an Act passed in the Third Tear of the

Re]gi)(

9d Cap. 6. Marine Muting. 3 Vict.

3 G. 4. C.2S. Reign of His Miyesty King Qtorge the Fourth, intitaled An

Act tofidliiate summary Proceedings before Justices of the Peace
and others, and by another Act passed in the Fifth Year of

5G.4. ci8. the Reign of His said Majesty, intituled AnActibrAe msre

effectual Recfmery of Penalties before Justices and Magistrates em
Conviction of Offenders, and for facilitating the Execution of War"
rants by OmstMes ; Providled always, that in all Cases in which
there shall not be sufficient Goods whereon any Penalty or
Forfeiture can be levied the Offender may be committed and
imprisoned for any Time not exceeding Six Months ; which
said recited Acts shall be used and applied, in Scotland, for the
Recovery of all such Penalties and Forfeitures as fully to all
Intents as if the said recited Acts had extended to Scotiand, any
thing in the said recited Acts to the contrary notwithstand-
ing ; and all such Offences committed in the British Isles, or
in any of Her Majesty's Dominions beyond the Seas, may be
determined, and the Penalties and Forfeitures of Value or Treble
Value recovered, before any Justices of the Peace, or Persons
exercising like Authority, according to the Laws of the' Part
of Her Majesty's Dominions in which the Ofience shall be
committed ; and all Penalties and Forfeitures by this Act im-
posed exceeding Twenty Pounds shall be recovered by Action
in some of the Courts of Record at Westminster or in Dublin,
or in the Court of Session in Scotland, and in no other Court in
the United Kingdom, and may be recovered in the Britidi Isles,
or in any otlier Parts of Her Majesty's Dominions, in any of the
Royal or Superior Courts of euch Isles or other Parts of Her
Majesty's Dominions.

Appropriation LXIII. And be it enacted. That one Moiety of every such

of Penalties. JPenalty or Forfeiture, not including any Treble Value of any

Articles, shall go to the Person who shall inform or sue for the
same, and the other Moiety, together with the Treble Value of
such Articles, or where the Offence shall be proved by the Per^
son who shall inform, then the whole of the Penalty and such
Treble Value, shall be paid over and applied in such Manner
as the Lord High Admiral or the Commissioners for execut-
ing the Office of Lord High Admiral AisAl direct, any thing
in an Act passed in the Fifth and Sixth Years of the Reign

5&6W.4.C.76. of His late Majesty King William the Fourth, intituled An Ad

to praoide for the Regulation of Municipal Corporations in tjig*
land and Wales, or in any other Act or Acts of Parliament to
the contrary notwithstanding; and every Justice who shall
adjudge any Penalty under this Act shall, within Four Days
thereafter at the furthest, report the same and his Adjudication
thereof to the Secretary of tlie Admiralty. *

Definition of LXI V. And be it enacted. That all Clauses and Provisions

Terms. ^^ ^^jg ^^^ Contained relating to England shall be construed to

extend to Wales and the Town of BerwuA-upen^Tweed ; and all
Clauses and Provisions relating to Marines shall be construed
to include Non-commissioned Officers and Drummers, unless
when otherwise provided ; and all Clauses and Provisions re-
nting to Justices shall be construed to extend to all Magistrates

authorized

1840. Marine Mutii^. Cap. 8. 08

anthoraed to act as such in their respective Jurisdictions ; and
all the Powers given to and Regulations made for the Cilonduct
of Constables, and all Penalties and Forfeitures for any Neglect
thereof shall extend to all Tithingmen^ Headboroughs, and
such like Officers, and High Constables and other Chief Officers
and Magistrates of Cities, Towns, Villages, and Places in Bng*
load and Ireland^ who shall act in the Ex^ution of this Act ; and
all Provisions for biUetting Marines in Victualling Houses shall
extend and apply to all Inns, Livery Stables, Al^ouse^ and to
the Houses of Sellers of Wine by Retail, whether British or
Foreign, to be drank in their own Houses or Places thereunto
belonging, and to all Houses of Persons selling Brandy, Strong
Waters, Cider, or Metheglin, by Retail, in England and Ireland ;
and in Ireland^ when there shall not be found sufficient Room
in such Houses, then Marines may be billetted in such Man-
ner as has been heretofore customary: Provided always, that Marines not to
no Officer or Marine shall be billetted in Eiyland in any pri«- be biiieuedin
vate Houses, or in any Canteen held or occupied under the J"^** Hotaei,
Authori^ of the Ordnance cnr Marine Department, or upon
Persons who keep Taverns only beins Vintners of die City of
Londen admitted to their Freedom of that Company in right
of Patrimony or Apprenticeship, notwithstanding such Per-
sons who keep such Taverns only have taken out Victualling
Licences ; nor in the House of any Distiller kept for distilling
Brandy and Strong Waters; nor in the House of any Shop-
keeper whose principal Dealings shall be more in other Goods
and Merchandize than in Brandy and Strong Waters, so as
such Distillers and Shopkeepers do not permit Tippling in
such Houses ; nor in the House of Residence in any Part oi
die United Kingdom of any Foreign Consul, duly credited as
such.

LXV. And be it enacted, That the Churchwardens of every Notificstion to
Parish in England^ and the Constable or other Officer of every ^^J?**** ®^
Parish or Place in Scatiandj on receiving a Notification from ^a^of
the Secretary of the Admiralty of the Name of any Marine Marines,
belonging to the said Parish or Place who has for meritorious
Conduct received Her Majesty's special Approbation, or who
in consequence of Misconduct has been dismissed Her Majesty's
Service with Disgrace, shall affix to and leave such Notification
on the Outside of the Door of the Church or Chapel belonging
to such Parish or Place on the Sunday next succeeding the
Receipt of such Notification.

LXVI. And it is hereby declared and enacted. That all Marines to be
Her Majesty's Royal Marine Forces shall, durmg the Time ^*f\;^^*^
they shall be respectively borne on the Books of any of Her ^^^ Nai^ while
Majesty's ^ps or Vessels in Commission, either as Part of the on board Ship.
Complement or as Supernumeraries, or otherwise, be subject
and liable in every respect* to the Laws for the Government of
Her M^^eatys Forces by Sea, and to the Rules and Discipline
of the Royal Navy, and shall and may be proceeded against and
punisbed for Offences committed by them whilst so borne, in the

same

94

Gap. a

Marine Mutiny,

3 Vict.

DimttoAof
Act.

Alteration of
Aot.

same Manner as the OiEcers and Seamen employed in the
Royal Navy may be tried or punished ; except in Cases where
they shall be disembarked, embodied, and employed in Military
Operations on shore^ in which Cases they shall be subject to be
tried under this Act: Provided always, that if any Marine
Officer or Marine so borne on the Books of any of Her
Majesty's Ships shall commit on shore any Offence for which
he shall not be amenable to a Naval Court-oiartial, or to
Naval Discipline, he shall "he tried and punished for the same
in the same Manner as other Marines may be tried and
punished for the like Offences under the Authority of this Act.

LXVIL And be it enacted. That this Act shall continue
in force within Great Britain from the Twenty-fifth Day of April
One thousand eight hundred and forty until the Twenty^fifth
Day of April One thousand eight hundred and forty-one
inclusive ; and within Ireland^ and in Jersey^ Guernsey^ Aldemey^
Sark, and the Isk of Many and the Islands thereto belonging,
from the First Day of May One thousand eight hundred and
forty until the First Day of May One thousand eight hundred
aand forty-one inclusive ; and within the Garrison of Gibraltar^
and in Spain and Portugal^ from the Twen^-fifth Day of Jvly
One thousand eight hundred and forty until the Twenty-fifth
Day of July One thousand eight hundred and fornr-one
inclusive ; and in all other Parts of Ewrope where Royal Marine
Forces may be serving, and the West Indies^ and North America
and Cape of Good Hope, from the Twenty-fifth Day of Sqftember
One thousand eight hundred and forty to the Twenty-fifth
Day of September One thousand eight hundred and forty-one
inclusive ; and in all other Places from the Twenty- fifth Day
of November One thousand eight hundred and forty to the
Twenty-fifth Day of November One thousand eight hundred
and forty-one inclusive.

LXVIII. And be it enacted, That this Act may be amended
or repealed by any Act to be passed in this present Session of
Parliliment ^ ^ ^ ^

SCHEDULE to which this Act refers.

Form of Oaths to be taken by Members of Courts^martial.

YOU shall well and truly try and determine according to tlie
Evidence in the Matter now before you.

So help you GOD.

T do swear. That I vrill truly ad-

minister Justice according to the Rules and Articles for the
better Government of Her Majesty's Royal Marine Forces, and
according to an Act now in force for the Regulation of the
said Forces while on shore^ without Partiality, Favour, or
Affection, and if any Doubt shall arise which is not explained
by the said Articles or Act, according to my Conscience^ the

best

1840. Marine Mutiny. Cap. 8. 95

best of my Understanding, and the Custom of War in the like
Cases : And I further swear, TbsX I will not divulge the Sen-
tence of the Court until it shall be duly approved; neither
will I, upon any Account, at any Time whatsoever, disclose or
discover the Vote or Opinion of any particular Member of the
Court-martial, unless required to give Evidence thereof as a
Witness by a Court of Justice or a Court-martial in a due
Course of Law. So help me GOD.

Form of Oath of Judge Advocate.

T do swear, That I will not, upon any

Account whatsoever, disclose or discover the Vote or Opinion
of any particular Member of the Court-martial, unless required
to give Evidence thereof as a Witness by a Court of Justice or
a Court-martial in a due Course of Law.

So help me GOD.

Questions to be separately put by the Justice to a Recruit.

1. What is your Name?

2. In what Parish, and in or near what Town, and in what

County, were you bom ?

3. What is your Age ?

4. What is your Trade or Calling ?

5. Are you an Apprentice?

6. Are you married ?^

7. Are you ruptured or lame ; have you ever been subject

to Fits ; or have you any Disability or Disorder which

impedes the free Use of your Limbs, or unfits you

for ordinary Labour?
8u Are yon willing to be attested to serve in the Royal

Marine Forces until you shall be legally discharged?
9. On what Day and by whom were you enlisted?

10. For what Bounty did you enlist ?

11. Do you now belong to the Militia?

12. Do you belong to any Regiment, or to the Marines,

Ordnance, or Navy ?

13. Have you served in the Army, Marines, Ordnance, or

Navy?

Abfe.— The Justice is directed in putting the Eleventh Question
to the Recruit, and before he receives his Answer, dis- '
tinctlv to apprize the Recruit that if he belongs to the
Militia, and denies the Fact, he is liable to Six Months
Imprisonment.

Oath to be taken by a RECRurr enlisting.

{ do make Oath, That the above Questions

have been separately put to me ; that the Answers thereto
have been read over to. me, and that they are the same that I
gave, and are true.

I do

96 Cap. 8. Miitine MuHmf. 3 Vict.

I do also make Oath, Tliat I will be faithful and bear true
Allegiance to Her Majesty, Her Heirs and Successors^ and that
I will, as^in DuW bpund> honestly and faithfully defend Her
Majesty, Her I^ira and Successors, in Person, Crown^ and
Dignity, against all Enemies ; and will observe and obey all
Omers of Her Majesty, Her Heirs and Successors, and of tlie
Generals and Officers set ov«r me. So help me GOD.

Witness my Hand

{Signature of
the Recruit.

, Witness present.

Sworn before me at this

Day of One thousand eight

hundred and

Signature of the Justice.

Certificate to be given by the Justice.

Description of

Age, apparently

Height Feet Inches.

Complexion,

Eyes,

Hair,

Any distinctive Mark.

1 T one of Her Majesty's

to wit. J Justices of the Peace of do hereby

certify, That the above is the Description of the Recruit ;

and in my Presence all the foregoing Questions were put to the
3aid 9 ^^^^ ^^^ Answers written opposite to

them are those which he gave to me; and that the Third,
Fourth, and Fifth Articles of the Second Section of the Rules
and Articles for the better Government of Her Majesty's Royal
Marine Forces while on shore, against Mutiny, and the First
Article of the Third Section of the said Rules and Articles,
against Desertion, were read over to him ; that he took the
Oath of Allegiance and Fidelity; that he received the Sum
of on being attested this Day ; and that I

have given him a Duplicate of this Certificate, signed with my
Name.

Signature of the Justice.

Form

1840. Maruie MtObnf. Cap. & ^

Form of Oath to be taken by a Master whoBe Apprentice

has absconded.

T of do make Oath, That I am

* by Trade a and that was

bound to serve as an Apprentice to me in the said Trade, by
Indenture dated the Day of for the

Term of Years ; and that the said did

on or about the Day of last abscond

and quit my Service without my Consent ; and that to the best
of my Knowledge and Belief the said is aged

about Years. Witness my Hand at

the Day of One thousand eight hundred

and

Sworn before me at this

Day of One thousand eight

hundred and

Form of Justice's Certificate to be given to the Master df

an Apprentice*

}T one of Her Majesty's Justices of the

* Peace of certify, That

of came before me at the

I>ay of One thousand eight hundred and »

and made Oath that he was by Trade a t and

diat was bound to serve as an Apprentice to

him in the said Trade, by Indenture dated the Day

of for the Term of Years; and that the said

Apprentice did on or about the Day of abscond

and quit the Service of the said without his Consent,

and that to the best of his Knowliedge and Belief the said
Apprentice is aged about Years.

CNo. 7. Price 2rf.] G

99

Cap. &

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a

An Aet to give ramsiaiy Froteotion to PorsmiB mq-
ployed in the Pu]i)licatioQ of Parliamentary Papers.

' tl4th ^pr« 1840.]

^ \K/rH£]R£AS it U essentia tp jthe due ^nd elFect;ual Ex-
' * -^iici^e ^nd DiachArge of Shf fuociioBS and Duties f>f .
^ P^IiWKBE^^ apd t(Q, jtjie rrpmotJQn «Qi* wis^ legislation^ tlu^t
^ np QhBtructicpis ^r Impcdin^enXs ^Q^Id, exist to the Publican
^ .tioa ^ 9uc}i of it;he AeportSy Papers^ Vqte^ or Proceedings
*.qf eitber Hojgyie pif I^armmeut as such 3E)[ou^e of Par1iame;nt
' inay 4^iA A^ ^ ai^x:e9$ary t^ .be published : And -whereas

* Qbstci^lons QX Impediflients to siuch Publication have
' iiriA^, a^ »berefifter jx^ Bfiacp by mw^ pf Civil or Cri-

* nuiu^ Prooeedii^ beix^ taj^en figaiui^t Persons employed by
' or acting under the Authority of the Hoii9es qf Parliamenti

* or Qfie pf tben^f ia the Publicaljon of such Report^ Papers,
^ VotM^ or Proc^ecjl^ng^ ; hy reasqp ao^i for Beiuedy whereof

* it is expedient ^t ^qte qpoedy Protjectipn .^bpyld be aiTprded
•* to all PerspiM ^ting under the Autj^ority aforesaid^ and that
< all 8^c)i Civil or .Criminal ProQoedings should be .summarily
'^iputaii end to .a94 determined in maaper herein-after men-
•' tjoned :' 3e ,it therefore enacted by the Qiieen's most Excel-
lent Miyqaty, .by ap4 -with the Advice and Consent of the Lqrds
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, That it Proceedings,
shall and may be lawful for any Person or Persons who now c[tu*oMiii«t
k pr are, pr hereafter shall be, a Defendant or Defendants in Penonifor
any Civil or Criniipal Proceeding conimenced or projsecuted PubUcrtkm of
in any Manner soever, for or on account pr in respect of the ^^l^jj."^
Publication of any such Report, Paper, Votes, or Proceedfngs fwiiaroent, to
by 8uch Person or Persons, or by ]^iSj her, or their Servant or ^ Ktayed,upon
Servants, by or uoder the Authority of either House of Parlia- ^^J^^J^
ment, to bring before the Court in which such Proceeding AffidaTit to the
«hall have been^r shall -be so coromencod or prosecuted, or Effect that
before any Judge of the same (if One of the Superior Courts ^^^if^J"*^
at fVesimin9ter)f first giving Twenty-four Hours Notice of bis Order of eiUicr
Intention so to 4o to the Prosecutor or Plaintiff in such Pro- House of Pto-
ceding, a Certificate under the Hand of the Lord Higli Chan- >""»*"^
celliNT of Great Britaitii or the Lord Keeper of the Great Seal,

.or of the Sneaker of the House of Lords, for the Time being,
or of the Clerk of tlje Parliaments, or of the Speaker of the
Hou^ of Common?, or of the Clerk of the same House, stating
tliat the Report, Paper, Votes^ or Proceedings, as the Case mav
be, in rei^pect whereof such Civil or Criminal Proceeding shall
have be^ commenced or prosecuted, Mcas published by such
Person 'or PeK$ons, or by his, her, or their Servant or Ser-
vants, tw Qrder or under the Authority of the House of Lords
or of tne Hpu^e of Commons, as the Case may be, together
.with an Affidavit verifying such Certificate; and such Court or
Judge shall thereupon immediately stay such Civil or Criminal

G 2 Proceeding,

100

Proceedings to
be stayed when
commenced in
respect of A
Copy of an
authenticated
Report, Sic

In Proceedings
for printing any
Extract or
Abstract of a
Paper, it may
be shown that
such Extract
was bon4 fide
liuuie.

Act not to
affect the
Privileges of
Parliament.

Cap- 9,10. Printed PaperS'^Mxehequer Bills. S ViCT.

Proceeding, and the same, and every Writ or Process issued
therein, shall be and shall be deemed and taken to be finally
put an end to, determined, and superseded by virtue of this
Act.

II. And be it enacted, That in case of any Civil or Criminal
Proceeding hereafter to be commenced or prosecuted for or on
account or in respect of the Publication of any Copy of such
Report, Paper, Votes, or Proceedings, it shall be lawful for the
Defendant or Defendants at any Stage of the Proceedings to
lay before the Court or Judge such Report, Paper, Votes, or
Proceedings, and such Copy with an Affidavit verifying such
Report, Paper, Votes, or Proceedings, and the Correctness of
such Copy, and the Court or Judge shall immediately stay such
Civil or Criminal Proceeding, and the same, and every Writ
or Process issued therein, shall be and shall be deemed and
taken to be finally put an end to, determined, and superseded
by virtue of this Act.

III. And be it enacted. That it shall be lawful in anv Civil
or Criminal Proceeding to be commenced or prosecuted for
printing any Extract from or Abstract of such Report, Paper,
Votes, or Proceedings, to give in Evidence under the General
Issue such Report, Paper, Votes, or Proceedings, and to show
that such Extract or Abstract vtras published band fde and
without Malice ; and if such shall be the Opinion of the Jury
a Verdict of Not guilty shall be entered for the Defendant or
Defendants.

IV. Provided always, and it is hereby expressly declared and
enacted, That nothing herein contained shall be deemed or
taken, or held or construed, direcdy or indirectly, by Implica-
tion or otherwise, to affect the Privileges of Parliament in any
Manner whatsoever.

r^//^/

57 G. 3. c 34.

57 G. 3. c. 124.

I G. 4. c. 60.

CAP. X.

An Act to authorize the Issue of Exchequer Bills
for Public Works and Fisheries and Employment of
the Poor. [14th April 1840. J

"11^ HEREAS an Act was passed in the Fifty-seventh Year
^^ of the Reign of His Majesty King George the Third,
intituled An Act to aut/iorize the Issue of Exchequer Bilk and
tfie Advance of Money out of the Consolidated Fund to a limited
Amomd^for tlie carrying on of Public Works and Fisheries in the
United Kingdom, and Employment of the Poor in Great Britain,
171 manner therein mentioned: And whereas another Act was
passed in the same Sessioii of Parliament, intituled An Act to
amend an Act made in tlie present Session of Parliament, for
authorizing the Issue of Exchequer Bills and the Advance of Money
for carrying on Public Works and Fisheries and the Employment
of the Poor : And whereas another Act was passed in the First
Year of the Reign of His Majesty King George the Fourth,
intituled An Act to amend and continue Ttco Acts passed in the
Fifty-Seventh Year of His late Majesty King George the Third

7 ^ for

1840. Exchequer BiBs {Public Warki). Cap. 10. 101

for auAarizinff the luue qfExckeqnur BiBs and the Advance of
Money for carrying on o/PMic fVorii and Fisheries and Em-
floyment of the Poor^ and to extend the Powers of the Commii^
doners for executing Ae said Acts in Ghreat Britain : And whereas
another Act was passed in the First and Second Years of the
Reign of His said Majesty, intituled An Ad to empower the i & 2 o. 4.
Comndssianers in Great Britain.^^ the Execution ofseoeral Acts ^ m-
far oMtharizinff the Issue ofEx^iequer BiBs for carrying on the
Public Works ondFisheries and EmpUnfment of (he Poor^ to extend
Ae Time for the Payment of certain Adoanees under the said Acts :
And whereas another Act was passed in the Third Year of
the Reign of His said Majesty» intituled A91 Act to asnend Tuh> 8 0. 4. c. S6.
ActSy of the Fifty-seventh Year if His late Megesty and the First
Year of His present Mtgesfy^ far authorizing tiu Issue ofExchC'
quer Bills caid the Advance of Money for carrying on Pubiic
Works and Fisheries and Employment ofPoar^ cmd to authorize
a further Issue of Exchequer Bills for the Purposes of the said
Acts: And whereas anothei: Act was passed in the Fourth
Year of the Reign of His said Majesty, intituled An Act to 4G.4. ccs.
authorize the Advance of Money by the Commissioners under
several Acts for the Issue ofExdiequer BiUsfor PidJic Workstfor
the bnHdingf rebuilding^ enlarging^ or repairing of Gaels in Eng-
land : And whereas another Act was passed in the Fifth Year
of the Reign of His said Mfgesty, intituled An Act to amend 5 G. 4. c 36.
and render more effectual the several Acts for the issuing ofEx*
chequer Bills for Public Works : And whereas another Act was
passed in the same Year, intituled An'Act to amend the Acts for s G. 4. c. 77.
Ae Issue of Exchequer Bills far Public Works : And whereas
another Act was passed in the Sixth Year of the Reign of
His said Majes^, intituled An Act to render more efffeetml the ^ G.4.e. S5.
several Acts for authorizing Advances fir earrying on Public
Worhe^ so far ae relates to Lreland : And whereas another Act
was passed in the Seventh Year of the Reign of His said
Majesty, intituled An Act to amend the severalActsfor authorizing 7 G. 4^ e. so.
Advances for carrying on Public Worksy and to e^kend the Provi*
sums thereof in certain Cases : And whereas another Act was
passed in the Seventh and Eighth Years of the Reign of His
said Majesty, intituled An Act to amend an Act of the First 7&8G.4. c.12.
Year of His present Migeitu^ for the Advance ofMoneyfbr caarry^
ing on Public Works in Ireland : And whereas another Act was
passed in the same Year, intituled An Act for iheforther 7&8G.4.c47.
Amendment and Extension of the Powers of tiie several Acts
authorizing Advances for carrying on Public Works ; And
whereas aaother Act was passed in the First and Second Years
of the Rogn of His late Majesty King William the Fourth, in*
, tituled ^ ^cl to amend several Acts passed for authorizing the i&sW.4.e.S4.
Issue of Exchequer Bills and the Advance of Money for carrying
on PMic Works and Fisheries and Enyioymeni qf the Poor^ and
to authorize a further bene of Exchequer BiUsfor the Purposes if
the said Acts : And whereas anot^r Act was passed in the
Third and Fourth Years of the Reign of His said late Migesty,
iotitttled An, Act to amend seueral Acts authsrizing Adoanees for S&4W.4.C.32.

G 3 ' carrying

102

Cap. 10.

Exchequer BiUs (Ptthlic Works).

3VrcT.

4&5W.4.C.72

7W. 4.&
1 Vict. c51.

l&2Victc.88.

Her Majesty
may authorize
the Commis-
sioners of the
'J^reasury to
issue Exche-
quer Bills not
exceeding
l/iOO,OOOL

48 G. 8. C. 1.

Powers of
recited Act
48 G. S. c. 1.
to extend to
Exchequer
Bills to be
made out under
this Act.

< carrying on Public Works : And whereas another Act was passed

* in the Fourth and Fifth Years of the Reign of His said late
*■ Majesty, intituled An Act to amend several Acts for authorizingr

* tiie Issue of Exchequer Bills for carrying on Public Works and
^ Fisheries and Employment of the Poor^ and to authorize a further
^ Issue of Exchequer BiUs for the Purposes' of the said Acts : And
' whereas another Act was passed in the First Year of the Reign

* of Her present Majesty Queen Victoria^ intituled An Act to

* authorize a further Issue of Exchequer BiUs for Public Works and

* Fisheries cmd Employment of the Poor^ and to amend the Acts re^
' bUing thereto : Aiid whereas another Act was passed in the

* First and Second Years of the Reign of Her said present
' Majesty, intituled An Act to authorize a farther Issue ofExche-

* quer BiUs for Public Works and Fisheries and Employment of the

* PooTy and to amend the Acts relating thereto: And whereas

< sundry Advances have been made by the Commissioners

< appointed by the said recited Acts for the Purposes thereof,
' and Applications have been made, and are by several Acts
^ authorized to be made, to the said ([Commissioners for other

< Advances which the Funds remaining at their Disposal are

* insufficient to meet, and it is therefore expedient that further
' Advances of Exchequer Bills should be placed at the Disposal
^ of the said Commissioners for the Purposes of the said recited

* Acts, or of any other Acts relating thereto : ' Be it tlierefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same. That it shall be lawful for the Queen's
most Excellent Majesty, by Warrant or Warrants under Her
Royal Sign Manual, to authorize the Commissioners of Her
Majesty's Treasury of the United Kingdom of Great Britain
and Ireland now or f6r the Time being, or any Three or more
of them, or the Lord High Treasurer of the United Kingdom
of Great Britain and Ireland for the Time being, to cause or
direct any Number of Exchequer Bills to be made out at Her
Majesty's Exchequer in Great Britain, not exceeding in the
whole the Sum of One million two hundred thousand Pounds,
in the same or like Manner, Form, and Order, and according to
the same or like Rules and Directions (except where other
Directions for making out the same are contained and par-
ticularly expressed in any of the said recited Acts or this Act),
as in and by an Act passed in the Forty-eighth Year of the
Reign of His Majesty King George the Third, intituled An
Act for regulating the issuing and paying off of Exchequer Bills, are
enacted and prescribed.

II. And be it enacted. That all the Powers, Authorities,
Regulations, Clauses, Provisoes, Privileges, Advantages, Penal-
ties, Forfeitures, and Disabilities contained in the said recited
Act of the Forty-eighth Year of His said Majesty King George
the Third, shall be applied and extended to the Exchequer Bills
to be made out in pursuance of this Act, as fully and etfectually
to all Intents and Purposes as if the said several Clauses or PrcH

visoes

1640. Exchequer Bills {Public Works). Cap. 10. 103

visoes had been particularly repeated and re-enacted in the Body
of this Act.

III. And b^ it enacted, That the said Exchequer Bills to be Bills to bear
made out in pursuance of this Act shall bear an Interest not •" Interest not
exceeding the Rate of Three-pence Halfpenny per Centum per ^ Cemf;
Diem upon or in respect of the whole of the Money contained

therein.

IV. And be it enacted, That the Exchequer Bills to be made and to be
out by virtue of this Act, or so many of them as shall from Time currwjt to all
to Time remain undischarged and uncancelled after the respec- ^^ ^^^ **
tive Days on which they shall become due and payable, shall Bank,
after that Time pass and be current to all Receivers and Collec-
tors in Great Britain of the Customs, Excise, or any Revenue,

Supply, Aid, or Tax whatsoever due or payable to Her Majesty,
Her Heirs or Successors, and also at the Bank of England to the
Account of Her Majesty's Exchequer, from the said Receivers
or Collectors, or from any Person or Persons, Bodies Politic or
Corporate whatsoever, making any Payments there to Her
Majesty, Her Heirs and Successors.

V. And be it enacted, That all Exchequer Bills which at Treasury to
any Time after the passing of this Act shall be made out and ^hi^u"^**
issued in pursuance of this Act, and advanced for any of the Exchequer
Purposes mentioned in the said recited Acts or any of them, Bills shaU be
or in this Act, shall be dated and made payable at such Periods IP^'^^*

as shall be fixed by the Commissioners of Her Majesty's
Treasury.

VI. And be it enacted, That it shall be lawful for the and to order
Commissioners of Her Majesty's Treasury to order and direct ^^^JJJ ^[
the Payment out of the Consolidated Fund of the United the Consoli-
Kingdom of Great Britain and Ireland of all Exchequer Bills dated Fund,
issued under the Authority of this Act.

VH. And be it enacted. That it shall be lawful for the Commissioners
Commissioners of Her Majesty's Treasury, or any Three or oftheTr^ury
more of them, or the Lord High Treasurer for the 'Vime being; |]J ^^ ^^^
and they are hereby authorized and required, to issue and Charges of
advance, or cause to be issued and advanced, all such Sums of ®?®^"*!°^ "^ ,
Money to such Person or Persons and in such Manner and in J^j^ j^J^ *"
such Proportions as the Commissioners for the Execution of the
said recited Acts and this Act, or any Three or more of them,
shall by" Writing under their Hands desire, out of the said Con-
solidated Fund, which Sums so to be issued and advanced
shall be employed for the Payment of Allowances and defraying
all Charges and Expences in the Execution of the said recited
Acts and this Act, without any other Account than before the
said Commissioners of Her Majesty's Treasury, and which
Money so to be issued shall not be subject to any Tax,
Duty, Rate, or Assessment whatsoever imposed by Authority
of Parliament.

VHL And be it enacted, That the Governor and Company Bank to con-
of the Bank of England shall and they are hereby required to *»nue the
continue the Account already opened in their Books with the i^^yaLned
Commissioners^ for the Execution of the said recited Acts, with the Com-

under miadoQers for

104

executing re-
cited Acts.

Cap. 10.

Exchequer BiUs {Public Works).

3 Vict.

Money paid
into Bank to
make Part of
the Con9oli>
dated Fund.

>oers
for executing
recited Acts
to be Commii-
sioners for exe-
cuting this Act.

to sign the
following De-
claration.

Amount of
Exchequer
Bills advanced
to be certified
to the Comp-
troUer General
of the Exche*
quer.

under the Title of '^ The Commissioners for the Issue of certain
Exchequer Bills," and shall carry to the Credit of such
Account the several Monies directed to be paid to the Cashiers
of the said Bank by the said recited Acts, as well as all
Payments to be made under this Act, upon such Certificates
under the Hands of the said Commissioners as have been
heretofore used for such Purpose as directed by the said
recited Acts, or some or one of them, in such and the like
Manner in all respects as if the Clauses and Provisoes in the
said recited Acts with respect to such Payments and Certificates
had been repeated and re-enacted in the Body of this Act.

IX. And be it enacted, That all and every Sum and Sums
of Money which shall be paid into the Bank of England to the
Account of the Commissioners under and by virtue of the said
recited Acts and this Act, shall from Time to Time, imme-
diately on such Payments being made to the said Account, be
transferred by the Governor and Company of the Bank of
England to the Account kept by the said Bank oi England with
Her Majes^s Exchequer, and when so transferred shall be
carried to and made Part of the Consolidated Fund of the
United Kingdom of Great Britain and Ireland,

X. And be it enacted, That the several Persons who in and
by the said recited Acts, or any of them, are named or con-
stituted Commissioners for the Execution of the said Acts or
so many of them as shall be living at the Time of the passing
of this Act, shall be and they and all future Parties so con-
stituted are hereby constituted Commissioners for the Execution
of the said recited Acts and this Act, and all Acts authorized
by the said recited Acts and this Act to be done and executed
by the said Commissioners may be done and executed by any
Three or more of them.

XI. And be it enacted, That the said Commissioners named
or constituted in and by the said recited Acts, or either of
them, shall, before they enter upon the Execution of this Act,
sign a Declaration to the following Effect :

J A. B. do declare, That accoixiing to the best of my Judgment
I will faithfully and impartially execute the several Duties,
Powers, and Trusts vested in me by an Act, intituled {iuBert
Title of this Acf], Bccording to the Tenor and Purport of the
said Act, the Acts therein recited, and other Acts having
reference thereto.'
And that such Declaration shall be kept and entered with the
other Proceedings of the said Commissioners.

XIL And be it enacted, That when the Commissioners
for the Execution of the said recited Acts and this Act shall
have determined upon any Amount of Exchequer Bills to be
advanced out of the Exchequer Bills authorized to be made out
by this Act, the said Commissioners, or any Three or more of
tbeni, shall forthwith certify such Amount to the Comptroller
General of Her Majesty's Exchequer at Westminster for the Time
being, who, on such Certificate or Certificates being deposited
in his Office, shall cause and direct to be delivered to the Bearer

or

1840. BxiAequer BUh (PMk ^ofib). CAp. 19. 10&

or Be&rera thereof Exchequer Bilk to be prepared under the
Authority of this Act to such Amount as the said Grnimissioners
shall direct, provided the total Amount to be issued by virtue
of such Certificates shall not at any Time exceed the Amount
of Exchequer Bills authorized by diis Act ; and every Exche-
quer Bill to be issued by virtue of this Act shall and may be
signed by the Comptroller General of Her Majesty's Exchequer,
or in his Name by any Person duly authorized by Law to sign
the same.

XIII. And be it enacted, Hiat the Officers by whom such L»t of Ex-
Exchequer Bills shall be delivered shall from Time to Time, J^^^^^fto^be
upon Requisition of the said Commissioners for the Execution delivered to
of the said recited Acts and this Act, deliver to them at their CommiHionen.
Office complete Lists of all the Exchequer Bills made out as
aibresaid, specifying the respective Dates and Sums expressed

therein, and the Periods appointed for the Payment of the same,
and distinguishing therein the Person to whom and the Numbers
of the Certificates by virtue whereof the same were issued
respectively*

XIV. And be it enacted. That it shall be lawful for the Commiasionen
said Commissioners to receive Applications for any Loan or ^^^l^jj^^
Loans, and to make such Loans accordingly, of any Part of the Per«nuor°^
Exchequer Bills hereby authorized to be issued to any Person Companies io
or Persons, Body or Bodies Politic or Corporate, or Company ^^^^'^u®^!?"*'
or Companies in the Me of Many for all such and the same or d^^oa con-
tke like Purposes, arid upon such or the like Securities, and tained io the
under and subject to such and the same Rules, Regulations, "^*^ '^*^*
Restrictions, Conditions, and Provisions as the said Commis-
sioners are empowered to do by the said recited Acts or this

Act, with respect to Loans or Advances to Persons, Bodies
Politic or Corporate or Companies for public or other Works
in Great Britain ; and that the said Commissioners, and their
Secretary for the Time being, shall have, exercise, and be
entitled to all such and the same or the like Powers, Authorities,
R^hts, and Remedies for recovering and compelling tlie Re-
payment of such Loans or Advances, and the Interest thereof,
or otherwise in relation thereto, or to the Securities for the
same, as they respectively would have had or been entitled to
under the said recited Acts and this Act in case such Loans or
Advances had been made to any Person or Persons, Body or
Bodies Politic or Corporate, or Company or Companies, or
otherwise for public or other Works, in any Part of Great
Britain ; any Statute, or any Rule of I-4iw or Equity, of Great
Britain or of the said Ide of Man^ or any Custom, to the
contrary thereof in anywise notwitlistanding. '

XV. And be it enacted. That the said Commissioners may CommuRionen
lend and advance, to and amongst any Body or Bodies Politic "™»y ^a*^®

or Corporate, or any Company or Companies of Proprietors^ p^m*^!^
or Person or Persons, engaged in or desirous of carrying on gaged in Public
or interested in any Works of a public Nature, carried on or Works, &c.
which may hereafter be carried on. under the Authority of
Parliament, or for the Encouragement of the Fisheries, or the

Support

Stemrt ^f amr CoUieri^^ or Mioee^ er Wf Tmsteefi ^ Trvst^e
(»f tUnuto or SUiiways, or any j9lti«r F^wn or PepvoBs vbwi-
aoever, ibr «»y of tb^ Purpooes ipwtiofiad in ttn^ «9m) reqif^
Acl8» ^r any or ^ther of tbe», or tbi| Act, all ^ wy P^ of
th^ Sum or Suwb in Exdbequer Bills, to he issued at any Time
after tJ^e passing of (bis Act, ^nd^r ihe Authority of this J^et,
or aoy Act or Atts having aoy relation tberetc^ ^fw» ^imdctr^
mad #ub|^ ^ ti^ lifco Tengns, Conditipnst an4 Seciviti?fk j^r
any or either of them, as are specified and prescribed :by 4h^
mid veeitad Act% or any or ^^er of Abefp, or ribis Acts or
.wy Aot or Acts bavvdg rdiation jlieceto; and ali ibe Ppw;eits
md Aiiiborities, Begidations, Restrictions, Clause^ Pix)vi«oeQ,
Privikigos, F/ii»*iiietb Advantages, Penalties, and For/oiliiires
loontaii^ in the said recited Acts oj: this Act, or any Acf; or
^ets having relation tbeneto^ shall b^ applied and ext^ndod to
jail I«oans advanced and Acts done by ^e saidCaqunisclionefs
lOr d)eir Secretary for ibe Xin^ being, o;* any Trii3tees, or other
Persons or Bodies Police, Corporate^ or Collegiate, or Coqi-
panics, in pursuance and execution of this Act, as &Uy a^d
'oifectiully to aU Intents or Purposes as if the said ^veral
Powers, A«^o0tiesi Regulations, Restriction^, Clauses, and
Provisoes, Privileges, Priorities, Advantages, Penalties and
J*orfeitures had been particularly and ^verally and separately
«^peated and re^nacted ija the JBody of tliis Act, exo^pt only ao
'&r as the aame ^re altered, amended, or enlaiged by this Aoc
Fairan, fte. of XYL And be it (enacted. That all the Clauses, Powers,
reoked Acts Pfovispes, Direction^ Regulations, Authorities Restrictions,
toStTelJr^ Privileges, Priorities, Advantage^ Penalties, and Forfeiture
Mune Foree as /cooUuned in the said recited Acts, or any of thein, in relation
if re-enacted in to any Advances made xn: to be made under the wd recited
Uiis Act. ActB^ or any of them, or this Act, 'Or for the Recovery, Repay-

ment, and .Application of such Advance and the Repayment
hereof, and the Accounts to be kept in relation thereto, shall
extend and are hereby extended and ;ma4e applicable to the
aaid Commissioners, and all other Persons, Parties, Bodies Po-
litic or iCorporate, in respect to all Advances which shall be made
by the sard Commissioners^ and aU Acts done and dir^ted by
che CommisBioneFs of Her Majesty's Treasury, or the said
Commissioners for executing this Act wd the a^id recited Acts^
or either of than, under the Autfaori^ of th^ said recited Acts
and this Act, or any or either of them, and the Recovery, Re-
payment, and Application of such Advances, and of all Accounts
in respect of the sam^ in such and the like Manner, to all
Intents, Constructions, and Purposes whatsoever, as if such
Clauses, Powers, Provisoes, Directions, Regulations, Autho-
rities, Restrictions, Privileges, Priorities, Advantages, Penalties,
and Forfeitures had been particularly and severally repeated
and re-enacted in the Body of this Act, except only so far as
the same are amended, extended^ or altered by this Act-
AltntttioB of XVIL And be it enacted, That this Act niay be amended
'Act. 0|. repealed by any Act to be passed in this present Session of

Parliament.

CAP.

1{^« Lord Seataii/s Amimtjf. Cap. II 107

CAP. XL

An Act to settle an Annuity on Lord Seaton and the
Two next surviving Heirs Male of the Body of the
said Lord Seaton to whom the Title of Lord Seaton
shall descend, in consideration of his important Ser-
vices. [19th i% 1840.]

' Most Gracious Sovereign,

* T^HEREAS Your Majesty, by Your moet gi^aeious Mes-
^ sage, hath been pleased to signify that Your Majesty,

* having taken into consideration the important Services ren-

* dered by John Lord Seaton, a Lieutenant General in Your

* Majesty's Army, and late Governor General of Upper and
^ Lower Canadoj in the Course of the Events which have taken
' place in those Provinces, and being desirQus to confer some

* signal Mark of Your Majesty's Favour for these and other
' distinguished Merits upon the said John Lord Seaton, and the

* Two next surviving Heirs Male of the Body of the said John
' Lord Seaton, recommends to Your faithful Commons the
^ Adoption of such Measures as may be necessary for the Ac-

* complishment of this Purpose:* Therefore We, Your Majesty's
most dutiful and loyal Subjects, the Commons of the United
Kingdom of Great Britain and Ireland in Parliament assembled,
duly considering Your Majesty's gracious Intention, do most
humbly beseech Your Majesty that it may be enacted; and be
it enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Aiufaority of the same, That an annual Payment or Annuity of An Annuity of
Two thousand Pounds shall be paid to John Lord Seaton, a to^ilS^^SS^
Lieutenant General in Her Majesty's Army, and late Governor and his Two
General of Upper and Lower Canada^ for his natural Life, and "»«* Heirs.

to the Two next surviving Heirs Male of the Body of the said
John Lord Seaton who may succeed to the Tide of Lord Seaton,
ibr their natural Lives respectively; and the said annual Pay-
ment or Annuity shall be deemed and considered to have com-
menced and taken effect upon the Twenty-third Day of March
One thousand eight hundred and forty, and the first Payment
of a proportionate Part thereof, together with the Quarter end-
ing on the Fifth Day of Jtdy, shall be made on the Fifth Day
otJuly One thousand eight hundred and forty, and shaH there-
after be paid quarterly, (that is to say,) on the Tenth Day of
October^ the Fifth Day of January, the Fifth Day of April, and
the Fifth Day of July in every Year ; and the said annual Pay-
ment or Annuity shall and may be. issuing and payable out of
and charged and chargeable upon the Consolidated Fund of the
United Kingdom of Great Britain and Ireland (after paying or
reserving sufficient to pay all such Sum and Sums of Money as
bath or have been directed to be paid out of the same by any
former Act or Acts of Parliament, but with Preference to all
[Na a Price 2A] H other

1 08 Cap. 1 1„ 112. Lord Seaion's Annuity. 3 Vicr.

other Payments which shall or may hereafter be charged upon
and payable out of the said Fund) ; and the Acquittance or
Acquittances, Receipt or Receipts of the said John Lord Seaton
and the Two succeeding Heirs Male of the Body of the said
Jphn Lord Seaton on whom the Title shall descend, or of such
other Person or Persons as shall be duly authorized and ap-
pointed by the Person for the Time being entitled to such
Annuity to receive such annual Payment or Annuity, or any
Part thereoi^ shall be a good and suflBcient Discharge for the
Payment thereof; and the said annual Payment or Annuity
' shall be free aiid clear from all Taxes, Rates, and Assessments,

and all other Charges whatsoever.
ThiMiirj to IL And be it enacted. That it shall be lawful for the Com-

rf^ Ann^! n^iss'on^rs of Her Majesty's Treasury of the United Kingdom

of Great Britain and Ireland for the Time being« and they are
hereby authorized and required, by any Warrant under their
Hands, to direct the Payment of the said Annuity according to
the Provision herein-before contained.
^"^^*!Li^ ^ ^^^* ^"^ ^ ^^ enacted, That the said annual Payment or
encumbered!^ Annuity of Two thousand Pounds shall be and the same is by

this Act vested in the said John Lord Seaton ind the Two next
succeeding Heirs Male of the Body of the said John Lord Seaton
to whom the said Title of Lord Seaton shall descend, and the
same or any Part thereof shall not at any Time or Times here*
after be aliened, conveyed, disposed, charged, or encumbered by
the said John Lord Seaton, or by either of the Two next suc-
ceeding Heirs Male of the Body of the said John Lord Seaton
on whom the said Title shall descend, for any greater or larger
Estate or Time than during the natural I/ife of the Person so
aliening, conveying, disposing, charging, or encumbering the
same, so as to prevent the same from descending to the next or
succeeding Heir Male of the Body of the said John Lord Seaton
to whom the said Htle of Lord Seaton shall descend, according
to the Limitation aforesaid.

CAP. XIL

An Act for raising the Sum of Eleven Millions by

Exchequer Bills, for the Service of the Year One

thousand eight hundred and forty.

[19th Mat/ 1840.]
^ Most Gracious Sovereign,

* Tl/^E, Your Majesty's most dutiful and loyal Subjects, the

• ^^ Commons of the United Kingdom of Great Britain and

< Ireland in Parliament assembled, towards raising the necessary

• Supplies which we have cheerfully granted to Your Majesty

< in this Session of Parliament, have resolved to give and grant

* unto Your Majesty the Sum herein-after mentioned;' and do
therefore most humbly beseech Your Majesty that it may be
enacted; and be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords

Spiritual

1840. Exchequer Bilb. Cap. 12. 109

Spiritual and Temporal, and Commons, in tliis present Parlia-
ment assembled, and by the Authority of the same,' That it shall TrcMury
be lawful for the Commissioners of Her Majesty's Treasury of ^ooooay
the United Kingdom of Great Britain and Ireland at any Time by Ezchequw
or Times to cause or direct any Number of Exchequer Bills to safe in like
be made out at the Receipt of the Exchequer at Westminster for ^^J^^'J**
any Sum or Sums of Money not exceeding in the whole the 48^3. c7\.
Sum of Eleven Millions, in the same or like Manner, Form,
and Order, and according to the same or like Rules and Direc-
tions, as are prescribed in an Act passed in the Forty-eighth
Year of the Reign of His Majesty King George the Third, inti-
tuled An Act for regulatvry the Issue and paying off of Exchequer
BiUs.

II. And be it enacted. That all and every the Clauses, Pro- The Clauses,
visoes. Powers, Privileges, Advantages, Penalties, Forfeitures, *«. in recited
and Disabilities contained in the said Act shall be applied and ^*uiii Act^**
extended to the Exchequer Bills to be made out in pursuance

of this Act, as fully and effectually, to all Intents and Purposes,
as if the said several Clauses or Provisoes had been particularly
repeated and re-enacted in the Body of this Act.

III. And be it enacted, That it shall be lawful for the said The Treasury
Commissioners of the Treasury to issue and apply from Time to ^ *PP^y ^®
Time all such Sums of Money as shall be raised by Exchequer ^•"^ "' "
Bilk to be made out in pursuance of this Act to such Services

as shall then have been voted by the Commons of the United
Kingdom of Great Britain and Ireland in this present Session of
Parliament.

IV. And be it enacted. That the principal Sum or Sums of Kills to be pay.
Money to be contained in such Exchequer Bills shall be and ^^ ^' **^

'are hereby charged and chargeable upon and shall be paid and ncxt'sMrion. *
discharged by and out of any Supplies to be granted in the next
Session of Parliament.

V. And be it enacted. That the Exchequer Bills to be made Interest on Ei-
out in pursuance of this Act shall bear Date on the Days on ^^V^ ^^^
which the same shall be respectively issued, and shall and may

bear an Interest not exceeding the Rate of Three-pence Half-
penny per Centum per Diem upon or in respect of the whole of
the Monies respectively contained therein, payable out of any
Aids or Supplies in the Receipt of Her Majesty's Exchequer at
fVestminster,

VI. And be it enacted, That all and every the Exchequer Bills to be cur-
Bills to be made forth by virtue of this Act, or so many of them >*"* " *^®
as shall from Time to Time remain undischarged and uncan- xwel^*Calen.
cdled, shall and may, from and after Twelve Calendar Months dar Months
from theif respective Dates, be received and taken and shall ^" ^^^
pass and be current to all and every the Receivers and Col- **"*
lectors in Great Britain of the Customs, Excise, or any Revenue,

Supply, Aid, or Tax whatsoever, already granted, due, or pay-
able, or which shall or may hereafter be granted, due, or payable
to Her Majesty, Her Heirs and Successors, and also at the Bank
of England to the Account of Her Majesty's Exchequer from
the said Receivers or Collectors, or from any other Person or

H 2 Persons,

110

Bank of Eof-
land nuj
advance
1 1,(XX),OOOC
on the Credit
ofthis Act, not-
withstanding
5 & 6 W. & M.
C.SO.

Cap. IS, 13. Tithe$ Contritions {Ireland)^ 3 Vict.

Persons, Bodies Politic or Corporate whatsoever, making anj
Payment there to Her Majesty, Her Heirs and Successors, for
or upon any Account, Cause, or Occasion whatsoever, according
lo the Purport and true Meaning of this Act.

Vn. And be it declared and enacted, That it shall and may
be lawful for the Governor and Company of the Bank of England
to advance or lend to Her Majesty, upon the Credit of the Ex-
chequer Bills to be made out in pursuance of this Act, any
Sum or Sums of Money not exceeding in the whole the Sum of
ESeven Millions, any thing in an Act passed in the Fifth and
Sixth Years of the lleign of King WiUiam and Queen Mary^
intituled An Act for granting to Their Majesties several Bates cmd
Duties upon Tonnage of Ships and Fessekj and ypon Beer, Ale^ and
other Liquors ; and fir securing certain Becampences and Adoanr
tages in the said Act mentioned to such' Persons as shall voluntarily
advance the Sum of One million five hundred thousand Pounds
towards carrying on the War against France, or in any subsequent
Act to the contrary thereof in anywise notwithstanding.

1 &SVict.
c. 109.

Any Petition
under the re-
cited Act may
include all or
any Two or
more Persons in
de&ult named
in the Schedule
to any Memo-
rial for Relief
presented under
that Act; and
the Court may
proceed thereon
as to any who
may appear to
have had due
Notice.

CAP. XUI.

An Act to amend an Act of the First and Second
Years of the lleign of Her present Majesty, to abolish
Compositions for Tithes in Ireland, and to substitute
Rent-charges in lieu thereof. [19th Mai/ 1840.]

* \\J'^HEREAS an Act was passed in the Session of Parlia-

* "^ ment holden in the First, and Second Years of the

* Reign of Her present Majesty, intituled An Act to abolish
^ Compositions for Tithes in Ireland, and to substitute Bent-Charges
' in lieu thereof; and it is expedient to amend the said Act :*
Be it therefore enacted by the Queen's most Eicellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, Tliat in any
Petition to be presented under the said Act by Her Majesty's
Attorney General for Ireland to the Court of Chancery or Ex-
chequer in Ireland, or to the Court of any Assistant Barrister
or Chairman, for the Recovery of any Arrears of Tithe Com-
positicHi vested in Her Majesty under and by the Operation of
the Provisions of the said Act, it shall be lawful to include all
or any Two or more of the Persons in default who shall be
named and distinguished in the Schedule annexed to any
Memorial for Relief presented to the Lord • Lieutenant and
Privy Council in Ireland under the said Act as having such
Estates or Interests as in the said Act described in the Lands
charged with any Composition due and in arrear; and that the
Court to which any such Application may be made by Petition
may from Time to Time proceed thereon as against any One
or more of the Persons therein named as Defaulters who may
appear to have had due Notice thereof, although such Notice

may

1640. TlAes Conqfotitians {Irdand). Cap^ia Hi

may not be proved to have been given to any other or others of
the Persons named therein.

IL And be it enacted, That every Order of either of the Order of Court
said Courts of Chancery or Exchequer respectively made upon ^ hare Effect
any Petition, under the Provisions of the said Act or of this ^^^^J^eILoI-
Act, shall hav^ without Enrolment, the Force and Effect of a meat.
Decree, and shall be enforced by such Writ of Execution or
other Process as might be sued or issued to enforce any final
Decree or Order of either of the said Courts ; and every Order
made by any Assistant Barrister on any such Petition preferred
to him shall and may be enforced, and the Amount thereof
levied, by all such Process as may be employed to enforce or
carry into 'execution any Decree pronounced or made upon
any Proceeding by Civil Bill by any such Assistant Barrister or
Chairman under or by virtue of any Statute heretofore made,
or by any of the Means in force before the passing of the said
Act, for the Recovery of Tithe Composition.

IIL And be it enacted, That in the Case of any Petition pre- what didi b*
sented by the Attorney General to any Assistant Barrister or the Period of'
Chairman under the said Act, the Period of Notice of such ^^^ *brfbre
Petition required by the said Act shall be computed to be Four- the AiSbunt*
teen Days before the Commencement of the General or Quarter Barrister.
Sessions at which such Petition is intended to be preferred for
the Division in which the Person in default shall reside; any
thing in the said Act contained to the contrary notwith-
standing.

IV. * And whereas it is desirable to make Provision for the Lord Liente-

* final Distribution and Dividend of the Relief Fund provided n«nt of Ireland
« by the said Act, without waiting the Termination of the Pro- jl'^"^"^'*

* ceedings which may be taken by the said Attorney General, erroneous Ue.

* and for that Purpose it is necessary to ascertain and deter- tw™ ^^"^^

* mine, within a reasonable Time, in what Cases only such JJ^^^

* Proceedings may or should be taken : And whereas several
' Persons who presented Memorials for Relief to the said Lord
' Lieutenant and Privy Council of Ireland under the said Act

< have, since Orders have been made thereupon by the said

* Lord Lieutenant and Privy Council, represented that they

* had erroneously returned therein Arrears of Tithe Com*

* position as owing to them by Persons having such Estates or

* Interests in the Lands subject thereto as made such Persons

< liable to be sued for the same by Her Majesty's Attorney

< General, pursuant to the Provisions of the said Act ;' be it
therefore enacted. That it shall be lawful for any Perscm who
has presented any such Memorial under the said Act to lodge
with the Clerks of Her Majesty's Privy Council in Ireland,
within One Month from the passing hereof, a Statement of
Errors, signed by him, of any Arrears which may have been so
erroneously returned by him in the said Memorial, and of his
Reasons for believing that such Error has been committed in
the said Memorial ; and it shall be lawful for the said Lord
Lieutenant of Ireland in Council to cause the said Memorial

H 3 aud

112

Cap. 13^

TWus Compositions {Ireland).

3 Vicr*

Interpretation
riause.

Act may be
altered this
SesaoD*

and Statement to be revised in such Manner as sliall seem
proper, and after such Revision to cause the Memorial to be
corrected as may be found necessary, and to declare the Memo*
rialist entitled to receive such Dividend upon any Monies
originally returned by him as due by Persons having such
Estates or Interests as aforesaid as he would have been entitled
to had not such Errors been committed by him» and the Memo-
rialist shall receive such Dividend accordingly ; and it shall be
lawful to and for the Lord Lieutenant of Ireland in Council,
after the Expiration of the said Period of One Month, and on
such Correction of such Memorial or Memorials, to direct that
so much of the Relief Fund created by the said Act as shall be
deemed necessary for the Purpose shall be retained and set
apart to provide for the Payment of the Costs, Charges, and
Expences attendant on the Revision of .the said Memorial or
Memorials, and of any Costs which may be incurred in the
Proceedings to be taken by the said Attorney General, and
which mav not be recoverable or recovered from the Defendants
in such Proceedings, or payable out of any Sum thereby reco-
veredy and to direct that the Residue of the said Relief Fund
shall be forthwith paid over to and distributed among the
several Memorialists rateably and in proportion to the respec-
tive Sums found to have been payable to them by Persons not
having such Estates or Interests; and the said Lord Lieutenant
shall thereupon certify to the Commissioners of *Her Majesty's
Treasury the proportionate Sum so payable to each Memo-
rialist, and they shall give the necessary Directions for the Pay-
ment thereof accordingly; and if the Sum which shall be so
retained and set apart for defraying such Costs and Charges as
aforesaid shall be found more than sufficient for that Purpose,
the Balance thereof shall be paid oyer to the Lord Primate of
Ireland and the Venerable the Archdeacon of Armaghy to the
end that the same may be applied by them as they may think
fit for the Benefit of the Widows and Orphans of deceased
Clergymen of the Established Church in Ireland.

V. And be it enacted. That the Provisions made by the said
Act for the Interpretation of certain Words and Expressions
therein shall apply and extend to the like Words and Ex-
pressions in this Act; and that by the Expression <* Relief
Fund " shall be understood the Monies paid or payable to the
Credit of the Account opened at the Bank of Ireland^ and
entitled " The Tithe Arrear Account,'* pursuant to the Pro-
visions of the said Act.

VI. And be it enacted, That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

1840.

Insolvent Debtors {Ireland)*

Up. 14.

113

CAP. XIV.

An Act to continue for One Year, and to the End
of the next Session of Parliamenl^ the Acts for the
Relief of Insolvent Debtors in Ireland.

[19th May 1840.]

Vl/'HEREAS an Act was passed in the Session of Parlia-
*^ ment holden in the First and Second Years of the
Reign of His late Majesty King George the Fourth, intituled
Jbii Act far the Relief of Insolvent Debtors in Ireland, to con- i & s G.
tinue in force for a certain Time therein limited; and the ^^^*
said Act was amended by another Act passed in the Third
Year of the same Reign, and both said Acts were continued
by another Act made in the Seventh and Eighth Years of the
same Reign: And whereas another Act was made in the
Tenth Year of the same Reign, whereby the said recited Acts
of the First and Second and Third Years of the same Reign
were amended and further continued; and the same^ so
amended, were by an Act made in the First Year of the
Reign of His late Majesty King fViUiam the Fourth further
continued ; and the same, so amended, were by another Act
made in the Second Year of the Reign of His said late
Majesty ICiilig William the Fourth further continued: And
whereas by another Act made in the First and Second Years
of the Reign of His said late Majesty King William the
Fourth, intituled An Act to improve the Adminu^ation of Jus» i & 2 w.
dee in Ireland, certain Provisions of the said recited Act of ^* ^^*
the First and Second Years of the Reign of His said late
Majesty King George the Fourth ^'sre repealed, and certain
other Provisions were made^ and certain Persons declared,
in certain Cases therein specified, to be entided to the Benefit
of the Acts for the Relief of Insolvent Debtors in Ireland :
And whereas by another Act made in the Fourth and Fifth
Years of the Reign of His said late Majesty King William the
Fourth the said recited Acts were continued for One Year
from the passing of the said lastr-mentioned Act of the Fourth
and Fifth Years of the Reign of His said late Majesty King
William the Fourth, and until the End of the then next Ses-
sion of Parliament: And whereas by another Act made in
the Sixth and Seventh Years of the Reign of His said late
Majesty King William the Fourth the said recited Acts were
further continued for Three Years from the passing of the
said Act of the Sixth and Seventh Years of His said late
Majest}', and until the End of the then next Session of Par-
liament: And whereas it is expedient that the said Acts
should be further continued:' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the
Authoritv of the same, That the said recited Act of the First

H 4 and

4.

4.

114

Tbescrent
Acts herein
mentioned.
Sating to the
Reli^ of Inad-
▼ent Debtorsy
with certain
£xoeptioiiiy
continued.

Gap. 14^ 15. Iruohefd Debtors {Ireland).

8 Vict.

Act may be
altered this

and Second Years of the Reign of His said late Majesty King
George the Fourth, as the same is amended by the said recited
Acts of the same Reign, and save and except as any Provi-
sions thereof may be repealed, or other Provisions substituted
for the same by the said recited Acts of the Reign of His said
late Majesty King Widiam the Fonrth, shall be continued; and
the said recited Acts of the First and Second, Third, and
Tenth Years of the Reign of His said late Majesty King
George the Fourth, and such Parts of the said recited Act of
the First and Second Years of the Reign of His. said late
Majesty King William the Fourth as relate to the Law for the
Relief of Insolvent Debtors, shall be and the same are hereby
continued for One Year from the passing of this Act, and
thenceforth until the End of the next Session of Parliament.

II. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

6 & 7 W. 4.
c. 71. 8. 67.

7 W. 4. &
1 Vict, c ^9»

S.11.

2 & S Vict,
c. 62. s. 10.

CAP. XV.

An Act further to explain and amend the Acts for the
Commutation of Tithes in England and Wales.

[4th June 1840-]

Tl/^HEREAS by an Act passed in the Seventh Year of
~~ the Reign of His late Majesty King William the Fourth^
intituled An Act for the Commutation of Tithes in England and
Wales, it is enacted, that from the First Day of January next
following the Confirmation of any Apportionment in any
Parish under the said Act, the Lands of such Parish shall be
absolutely discharged from Tithes, except as in the said Act
is provided in certain Cases, and instead thereof there shall
be payable to the Person entided to such Tithes, and in that
Behalf mentioned in the said Apportioliment, a Sum of Money
in the Nature of a Rent-charge issuing out of the Lands
charged therewith ; and by an Act passed in the First Year
of the Reign of Her present Majesty, intituled An Act to
amend an Act for the Comntutation of Tithes in England and
Wales, Provision is made for the Lands in a Parish being
discliarged from Tithes (except as in the said first-recited
Act is excepted) by Agreement between the Parties to any
Parochial Agreement or Supplemental Agreement, from cer-
tain Days preceding or foUpwing the Confirmation of the
Apportionment, instead of the said First Day of January next
following such Confirmation, but so that the first Payment
of the Rent-charge be made and recoverable at the Expiration
of Six Calendar Months from the Time from which such
Lands are discharged from the Pajnnent of Tithes; and
by an Act passed in the last Session of Parliament, the
Commissioners appointed under the said first-recited Act are
enabled by their Award, and the Land Owners and Tithe
Ownera by Supplemental Agreement, in like Manner to fix

« the

184ft. T\Aa Comm^Mbm Adi AmgndmeaL Cap.16. 115

the Period at which any Rent-charge shall commence : And
whereas after an Agpreement for or Award of Rent-charge has
been made and confirmed by the said Commissioners, much
Dday is often occasioned in setding and adjusting the
Apportionment before the same can be confirmed by the
Commissioners ; and, to avoid the Loss of the Proportion of
Hthes or Composition for the Period intervening between
the Expiration of any former Agreement or Composition and
the Commencement of such Rent-charge, the Tithe Owner is
compelled to have recourse to taking Tithes in Kind, or to a
Soit in Equity ; and in other Cases, by reason of the Lands
80 remaining subject to Tithes, or Composition for Hthes,
daring such Period, such Tithes continue to be taken in
Kind,* or may be so taken on the Determination of any Com-
position existing at the Date of such Agreement or Award,
notwithstanding that the Parties have agreed for, or the Com-
missioners awarded, the Sum which under the Provisions of
the said Acts ought to be taken as the permanent Rent-
charge payable instead of such Tithes ; and great Hardship
is thereby occasioned, contrary to the Spirit and Intent of the
said Acts : And whereas it is expedient to make Provision for
Remedy thereof, and otherwise to explain and amend tlie said
recited Acts, in manner herein-after mentioned :' Be it there-
fore enacted >by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the Authority of the same^ That in every Case where an Power to de-
annual Sum by way of Rent-charge shall have been fixed in any ^l"?^^"^^
Parish, instead of the Tithes of such Parish, either by Agree- j^^fn cer^
ment or Award, it shall be lawful for the said Comndssioners, tain Cases after
by a Declaration in Writing under their Hands and Seal of S®"^*]^**"^®^
Office,- or the Hands of any Two of them, at any Period after ALee^ent for
the Confirmation of any such Agreement or A^ard respectively, gross Rent-
and before the Confirmation of the Apportionment to be made «*>"'8«'
in respect of the Rent-charge so fixed, upon the Application in
Writing of any Land Owner or Occupier, and upon such
Security being given to ^e said Commissioners as they shall in
their Discretion think sufficient for the due Payment to the
Parties entided thereto of such Rent-charge from the Day to
be fixed in such Declaration, to declare that the Lands in such
Pari^ shall be discharged from the Liability to Payment or
Render of Tithes, or Composition or Rent in the Nature
thereof instead of Hthes, and that instead thereof the annual
Payment or Rent-charge so fixed by any such Award or Agree-
ment respectively shall be paid to the Person entitled to the
same by half-yearly Peiyments, commencing and calculating
from such Day of Discharge named in such Declaration as
aforesaid : Provided always, that the Day to be fixed in such As to the Time
Declination of the said Commissioners as aforesaid shall, in of commencing
ereiy Case in which any Agreement for a Composition or Rent Sme!*"''
in the Nature thereof instead of Tithes shall be in force at the
Time of making such Application to them as aforesaid, be the

Day

116 Cap* 15. TUh6s GmmutaHon Ads Anundmeni. 3 Vicr*

Day on which such Composition or Rent shall determine, and
in every other Case shall be either the First Day oi January ^
the First Day of Aprils the First Day of Jti/y, or the First Day
of Chtobery either before or after the Day on which the Agree-
ment or Award fixing the Amount of such Rent-charge shall
bear Date, as to the said Commissioners shall appear most just
IntermedUte and equitable : Provided also, that when such Period of Dis-
^"hTd^** *i charge shall have been fixed to take effect from any of such

Days preceding the Date of such Agreement or Award, the said
Commissioners shall cause due Inquiry to be made^ and shall
allow and deduct from the first Payment to be made under such
• Security the Value of any Tithes which shall have been ren-

dered in Kind, and the Amount of any Payment in respect of
Tithes, or Composition or Rent as aforesaid, which shall liave
been made between such Day and the Date of such first Pay-
ment of Rent-charge.
Leases of Tithes JL Provided also, and be it enacted, That nothing in this Act
^h*MM^* shall extend or be construed to extend to annul or make void
not to be ^"7 L^as© or Leases of Tithes granted before the Twenty-fifth

affected bj this Day of March and which shall end or determine on or before
^^ ' the First Day oi January next; and that in any Parish or Place

where such Lease or Leases shall have been granted as afore-
said, no Tithe Payer shall be at liberty to make the Application
hereby authorized to be made, until after the Fxpiration of such
Lease or Leases respectively, except in respect of Lands the
Tithes whereof are not included in such Lease.
Notice of De. HI. And be it enacted. That the said Commissioners shall,
publishwi within Ten Days after the Receipt of such Application, cause

Notice thereof to be given to the Tithe Owner to whom such
Rent-charge will be payable, iamd shall cause Notice of such
Declaration to be twice published in some Newspaper having
Circulation in the County where such Parish is situated within
Twenty-one' Days from the Date of such Declaration, and from
and after the Expiration of such Twenty-one Days all the Pro-
visions of the said recited Acts applicable to the Rent-charge
payable after the Confirmation of the Apportionment shall be
applicable to the Rent-charge payable by virtue of the Provi-
sions herein-before contained from the Period fixed by any such
Declaration.
Provision for IV. And be it enacted, That if any Owner of Lands so dis-

Land Owner charged from such Liability shall be desirous of paying, in
mate? ^tmor- exoneration of such Security, the Proportion of Rent-charge to
tion of Rent- which the wholc of such Lands, whether in his own Occupation
duurgein aid of q^ in the Occupation of any Tenant, shall be liable, it shall be
"'**^' lawful for such Owner to apply in Writing to the Valuer or

Valuers appointed to apportion such Rent-charge, at any Time
after they shall have subscribed the Declaration required in
that Behalf in the said firstrrecited Act, and before the Con-
firmation of the Apportionment, and to demand of such Valuer
or Valuers a Statement of the probable Amount of such Pro-
portion, and such Valuer or Valuers shall and he or they is or
are lieieby required to furnish the same accordingly, and shall

distinguish

1 840l TUhe$ Commutation Ads JmendmenL Cap. 15. 117

distinguish therein the probable Amount to which the whole of
the limds in the Occupation of any Tenant under such Owner
would be liable; and on Receipt thereof such Owner may cause
a Copy of such Statement, or an Extract of such Parts thereof
as shall relate to the Lands in the Occupation of any Tenant
who, but for such Declaration of Discharge, would be liable to
the Render or Payment of Tithe in respect of such Lands, to
be served on such 1 enant by leaving the same at his usual
Place of Abode, with an Undertaking subscribed thereto by
such Owner to pay the Amount set forth in such Statement in
aid or exoneration of such Security; and in every such Case
such Tenant shall thenceforward be liable to pay to such
Owner, by way of additional Rent, such estimated Proportion
at the half-yearly Days of Payment* fixed in the Award or
Agreement for Payment of Rent-charge ; and such Owner shall
be entitled to demand and recover the same as Rent by all
the usual Remedies for Recovery of Rent in arrear, until the
half-yearly Payment falling due next after the Confirmation of
the Apportionment: Provided always, that it shall be lawful for
any such Land Owner or Tenant, at any Time within Six
Months after the Date of such Confirmation, to apply to the
said Commissioners to take an Account of the Amount paid by
any such Tenant, and certify the Amount of the Difference, if
any, between the Amount, so paid and the Amount of Rent-
charge calculated as finally apportioned on such Lands fpr the
same Period as such estimated Amount has been paid, and if
die Rent-charge finally apportioned shall be greater than the
Amount so paid it shall be lawful for such Owner to demand
and recover the Difference accordingly; but if such Tenant
shall have paid more than the Amount of such Rent-charge,
then it shall be lawful for such Tenant, or (in case of his
Death) for his Executors or Administrators, to deduct the Ex-
cess so verified as aforesaid from the next Payment of Rent
accruing after the Date of such Certificate : Provided also, that
in the event of the Expiration or other sooner Determination of
the Period of Tenancy before the Confirmation of the Appoint-
ment such Excess shall be deemed a Debt due to the Tenant,
his Executors or Administrators, and shall be recoverable in an
Action of Debt to be brought against such Land Owner as
aforesaid, or his personal Representatives.

V. And be it enacted. That in every such Case the Prodac- Certifictee of
lion of such Certificate as aforesaid, or of an Office Copy thereof Commi«onef»
sealed or stamped with the Seal of the said Commissioners, shall *^ Rjihrof "**
be' sufficient Evidence of the Right to recover or retain the Rcooreiy or
Amount of Excess in Payment which shall appear by such Cer- Refiner,
tificate to have been made by the Land Owner or his Tenant
respectively.

VL ' And whereas it may happen that a Tenant, being an Pnmaion for

* Occupier of Lands, who shall, by virtue of the Provisions of oc«"Py>ng .

* the said first-recited Act, be entitled to deduct the Amount of (j^the Pkceof
' any Rent«charge from the Rent payable by him to his L^nd- his Landlord)

' lordL may be desirous of paying, in exoneration of such Secu- e*»m«««l Pro-

^ ^ 1 i/ o' ^ portion of Rent-

1 18 Cap. 1 5. TiAes Commutatian Acts Amendment, 3 Vict.

charge in aid of < rity as aforesaid, the Proportion of Rent-charge to which the
Security. c Lands in his Occupation shall be liable ; * be it enacted, That,

upon the Application in Writing of any such Tenant, the Valuer
or Valuers shall, in like Manner as aforesaid, furnish to such
Tenant a Statement of the probable Amount of such Proportion
of Rent-charge as aforesaid, and on Receipt thereof the Tenant
may cause a Copy of such Statement to be served on his Land-
lord by leaving the same at his usual Place of Abode, accom-
panied by a written Notice of his Intention to undertake the
Payment of such Proportion of Rent-charge as aforesaid; and
in case the Land Owner shall not, within Twenty-one Days
after the Service of such Copy and Notice, undertake, by some
Writing subscribed by him, or his Agent lawfully authorized,
and served in like Manner as aforesaid upon the Tenant, to pay
the Amount set forth in such Statement, it shall be lawful for
the Tenant to undertake the Payment thereof, and from Time
to Time to deduct the Amount paid by him from his Rent until
the Period at which the half-yearly Payment of Rent-charge to
be made next after the Confirmation of the Apportionment shall
have become due: Provided always, that in every such Case
the Provisions herein-after contained for taking Accounts be-
tween the Person who shall have given such Security as afore*
said and the Owners of Lands subject to the Rent-charge shall
be applicable to the Case of every such Land Owner from
whose' Rental such Deductions shall have been made as
aforesaid.

VIL And be it enacted. That in every such Case, if the Per-
son liable under such Security shall not hiake due Payment to
the Person entitled to the same according to the Tenor of such
Persons giving Security, it shall be lawful for the said Commissioners, from
Securitjfor Time to Time, as and when any half-yearly Payment of such
'*'"" Rent-charge shall accrue, and the same or any Part thereof

shall remain unpaid for the Space of Twenty-one Days from
any Day fixed for Payment thereof, and notwithstanding Exe-
cution shall have been previously issued in respect of any Tbrmer
Arrears, to sue for and recover any such half-yearly Payment,
or so much thereof as shall from Time to Time remain unpaid
in respect thereof, against the Person liable under such Secu-
rity, by taking out a Summons, returnable before a Judge of
any of the Superior Courts of Common Law, to compute what
is due in respect of such Rent-charge ; and it shall be lawful for
any Judge of such Courts, on hearing the Parties, or such of
them as shall appear, and on Production of such Security, and
Proof by AflSdavit of the Amount so due as aforesaid, and of
the Service of such Summons on such Person or on any Occu-
pier of any of the Lands of sucli Person in any such Parish, by
Delivery of the same personally, or by leaving the same at his
Place of Abode, to order that it be referred to the Masters of
the Court to compute what is due in respect of such Security,
and to tax the Costs of such Application, and all such Orders
shall have the Efiect of Judgments in the Superior Courts of
Common Law in like Manner as Rules of such Courts, and

Execution

Provision for
Recovery of
luch Rent-
charge from

same.

1840l JWiei Carnnttdation Aeii Amendment. Cap, 15. 119

Execation may issue acordingly, and such Security shall be
aTailable against such Person liable under the same up to and
including the half-yearly Payment accruing due next before the
Confirmation of such Apportionment, and shall be in full Force
notwitlistanding any Change in the Party entitled to such Rent*
charge. '

VIIL And be it enacted. That in every such Case the said Remedy for Uie
Commissioners shall make due Inquiry as to any Payment of ^?iP^^
Rent-charge made by any such Person in respect of such ^^tioo^
Security previous to the Confirmation of the Apportionment of issued. '
such Rent-charge, and shall endorse on such Apportionment a
Certificate of such Payment, and that the Parties entitled to
sach Rent-charge have been duly paid the Amount thereof
according to the Tenor of such Security ; and such Person shall
thereupon, after the Confirmation of such Apportionment, be
entitled to recover the Amount specified in such Certificate as
having been paid by him, against the Lands of the said Parish
subject to such Rent-charge, in the Proportions fixed for Pay-
ment of Rent-charge by such Apportionment, by Distress and
Entry on such Lands respectively, and shall have the like
Remedies or Modes of Recovery as are given to Owners of
Rentpcharge for Recovery thereof in the said recited Acts or '
any of them : Provided always, that if the Owner or Occupier Provision for
of any such Lands shall have contributed to the Payment of ^wgAccounu
such: Rent-charge, or of any Part thereof, of of the Arrears Pe^^givfng
thereof under such Security, or in exoneration thereof, it shall Security and the
be lawful for him to take out a Summons, returnable before any ^^ Owners
Judge as aforesaid, to stay any Proceedings taken by the Person tribute therciOi!
liable under such Security as aforesaid, for the Purpose of
taking an Account of what he shall have so contributed or paid
in respect of such Rent-charge or Arrears; and it shall be
lawful for any Judge as aforesaid to refer it to the Masters of
the Court to take such Account and make . all just Allowances
between the Parties; and if, on taking such Account, such
Oimer or Occupier shall be found to have paid his due Pro^
portion, or any Amount exceeding the same, according to the
proportionate Amount of Rent-charge fixed on such Lands,
then it shall be lawful for any Judge as aforesaid to stay Pro-
ceedings, and order Payment by the Person liable under such
Security of the Amount, if any, so overpaid by such Owner or
Occupier, as the Case may require, and every such Order shall
have the EiFect of a Judgment as aforesaid ; but if on taking
such Account the whole or any Balance shall be found due from
such Owner or Occupier, then it shall be lawful for such Judge
to allow the same against such Owner or Occupier, whose
Lands shall thereupon be liable to the Repayment thereof to
the Person liable under such Security, and who shall be entitled
to the said Remedies in respect thereof accordingly; and the
Cost of every such Proceeding shall be in the Discretion of die
Judge hearing the same, and shall be added to the Amount
found due on such Order if he shall see fit so to direct: Pro- Period for
tided alsoi that no such Security shall l>e available by the Per- J^^ich s»un^y

son

120

against Buch
Owaefs.

If Security
insufficient*
Arrears niay be
recotered^as if
accruing afVer
Appof^moit.

Security to be
free of Stamp
Duty.

Extension of
Power to fix
Sum to be paid
after Deter-
mination of
Composition.

4 & S Viet.
e. 62. B, 10.

Parttciilars to
be specified as
Co Payment of
•ach Sum.

Cap* 15. Tithes Commutation Acts Amendment. 3 Vicr.

son liable under the same against any such Lands for more
than Two Years Payment or Arrear of such Rent-charge,
unless the said Commissioners shall, previous to the Expiration
of Two Years from the Date of such Security, have enlarged
the Operation thereof for any Period not exceeding Twelve
Months by Endorsement thereon, under their Hands or the
Hands of any Two of them, and which they are hereby autho-
rized to do if they shall so think fit.

IX. And be it enacted. That if such Security shall be insuf-
ficient to meet the full Amount of Payments which shall accrue
due in respect thereof, or the Person liable under the same
shall fail to make good the Amount due thereon by the Space
of Twenty-one Days next after the Date of the Confirmation of
the Apportionment of such Rent-charge, it shall be lawful for
the Person entitled to the Benefit thereof to recover the same
against the Lands of the said Parish subject to such Rent-
charge, in the Proportions fixed in such Apportionment, by the
said Remedies or Modes of Recovery given by the said recited
Acts, or either of them, in respect of Rent-charge fixed under
any confirmed Apportionment, in like Manner as if the
Amount so due and in arrear had accrued subsequent to the
Confirmation.

X. And be it enacted. That every Security taken by the said
Commissioners, by virtue of the Provisions of this Act, and
every Assignment thereof, shall be free of Stamp Duty.

XL * And whereas by the lastly-recited Act the said Com-

* missioners are empowered, by any Award, or by a Supple-

< mental Award, after a Parochial Agreement, in certain Cases,

< and under certain Provisions, to fix the Sum to be paid in con-

* sideration of the Time, if any, which may intervene between

* the Termination of any previous Agreement or Composition

* for Tithes and the Time at which any such Renfxjharge shall

< commence; and it is expedient to extend such Power in

* manner herein-after mentioned;' be it enacted. That it shall
be lawful for the said Commissioners, at any Time before the
Confirmation of the Apportionment of any Rent-charge, to
exercise the said Powers so given to them for fixing the Sum
to be paid for such intervening Time as aforesaid, by a Supple-
mental Award after an Award.

XIL And be it enacted. That when any such Sum shall be
fixed to be paid in consideration of such intervening Time as
aforesaid, either by Parochial Agreement or Supplemental
Agreement, or by Award or Supplemental Award, the Parties
by and to whom such Sum is to be paid, and ihe Lands in
respect of which the same shall be payable, as also the pro-
portionate Amount to be paid by each Party, shall be specified
and set forth in the Instrument fixing such Sum, or in the
Instrument of Apportionment to be made in pursuance thereof;
and in default thereof such Sum shall be payable by and to the
Parties and in the Proportions fixed in such Apportionment in
respect of the Rent-charge therein provided for.

XIV. * And

184a TiOeM Commuiatian Acts Amendment. Cap. 15. 121

XIIL < And whereas by the said lasdy-recited Act the said Eztennon of

* Comraissioners are enabled by their Award, and the Tithe S^^!?**

* Owners and Land Owners by a Parochial Agreement after Commemwiieiit
^ an Award, are enabled to fix the Period at which the Rent- of Rent-charge.

* charge shall commence, and it is expedient to extend such 8 & s Vict.
'Power in manner herein-after mentioned;' be it enacted, c«62. i-io.
That it shall be lawful for the Commissioners, by Supplemental •
Award, to exercise the Powers so given to tliem for fixing the

Period at which any Rent-charge shall commence, as well after
an Award as after a Parochial Agreement, where the same shall
not have been previously fixed by any such Award or Agree-
ment, or by any Supplemental Award or Agreement, under the
said recited Acts^ or either of them, or this Act: Provided
always, that where the said Commissioners shall not have fixed
that the Period at which any Rent-charge shall commence shall
be the First Day oi January next following the Confirmation of
the Apportionment, such Period shall be fixed by them on the
First Day of January preceding sucli Confirmation, or on the
First Day of Aprily the First Day of Jvly, or the First Day of
October preceding or following such Confirmation, whichever of
such Dajrs may happen nearest to the Termination of any pre^
vious Agreement or Composition, or of any customary Year of
Tithing in the Parish or District to which such Rent-charge
shall relate: Provided also, that when any Period of Com-
mencement shall have been so fixed by the said Commis-
sioners in any Award or Supplemental Award, or any Day
preceding the Date thereof, the Commissioners shall cause due
Inquiry to be made as to the Value of any Tithes rendered in
Kind, and the Amount of any Payment in respect of Tithe
which shall have been made subsequent to such Period of
Commencement, and prior to the first Day fixed for Pay-
ment of such Rent-charge, and shall take into account and
allow such Value or Amount to be deducted from such Pay-
ment accordingly. '
XIV. * And whereas by the said lastly-recited Act Powers Extension of

* are given to Land Owners and Tithe Owners, and also to rtultefi!^'*
^ the said Commissioners, to substitute a fixed Rent-charge in Rent-charge

* certain Cases instead of a contingent Rent-charge, where >«*«^ »[«>'*•
' Lands are partially exempted from the Payment of Tithes or ^^^^ "*"*'

* Rent-charge by reason of having been Parcel of the Pos- ^^^ yict.
^ sessions of a privileged Order, and it is desirable to extend c.62. s. ii.

* such Powers in manner herein-after mentioned ;* be it enacted,
That such Power shall extend to all Cases where, by reason of
Lands being partially exempted from the Payment of Tithes,
by Custom or otherwise, or by being subject to a shifting or
leaping Modus, or other customary Payment, or rendered due
only on certain Contingencies, a contingent Rent-charge has
been already fixed, or would, according to the Provisions of the
said firstly-recited Act, be fixed in respect of such Lands ; and
it shall be lawful for the said Commissioners, with such Consent
of both I-and Owners and Tithe Owners as in the said lastly-
recited

122

Extension of
Powers in
respect of
Lammas and
Common
Lands.

2&3 Vict,
c. 62. s. 13.

Commissioners
to give Notice
to proceed by
Supplemental
Award.

Extension of
Powers of Con-
veyance of
Lands to Trus-
tees and Feoffees
for Parochial
Purposes.

3 & 3 Vict,
c. 62. s. 21.

Cap. 15. Titha Commuiaiian Acts Amendment 3 Vtcn

recited Act is required in that respect^ at any Time before the
Confirmation of the Apportionment of any Rent-charge, by any
Award, or by a Sapplemental Award, where an Award or Paro-
chial Agreement has been made before the passing of this Act,
or for the Land Owners or Tithe Owners, by a Parochial Agree-
ment or Supplemental Agreement where a Parochial Agreement
or Award has already been made in respect of such Lands, to
exercise such Powers, in such Manner and subject to the same
Conditions a£^are given by the said lastly-recited Act in Cases
of Lands formerly Part of the Possessions of a privileged Order :
Provided always, and it is hereby declared, that nothing herein
contained extends to Cases of Change of Cultivation only, nor
to Cases of Prescription relating to Woodland.

XV, 'And whereas by the said lasdy-recited Act certain
Provisions are made and Powers given in respect of the
Tithes of Lammas and Common Lands, which Powers are
to be exercised by the Land Owners and Hthe Owners by
Parochial Agreement, or by a Supplemental Agreement after
a Parochial Agreement, and by the Commissioners by com-
pulsory Award, or by a Supplemental Award after an Award;'
be it enacted, That such Provisions may be carried into effect
and such Powers exercised, at any Time before the Confir-
mation of the Apportionment of any Rent-charge, by the Land
Owners and Tithe Owners by a Supplemental Agreement after
an Award, or by the Commissioners by Supplemental Award
after a Parochial Agreement

XVL And be it enacted. That in every Case where it shall
be the Intention of the Commissioners to proceed in any Parish
under this Act by Supplemental Award after a Parochial
Agreement, either to fix the Period of the Commencement of
such Rent-charge, or to carry into eifect the Provisions and
Powers of the said lastly-recited Act in respect of the Tithes of
Lammas and Common Lands, they shall cause the like Notice
of their Intention to be given in such Parish as is required by
the said first-recited Act in the Case of an Award ; and if at
any Time after giving such Notice, and before the Expiration
thereof, any Proceedings shall be had under the said recited
Acts, or either of them, or this Act, by the Land Owners and
Tithe Owners in such Parish, towards making and executing
any Parochial Agreement or Supplemental Agreement in
respect of the Matters specified in such Notice, the Commis-
sioners shall refrain from acting on the same until the Result of
such Proceeding shall appear.

XVIL And be it declared and enacted. That so much of
the said lastly-recited Act as relates to the vesting of an Estate
of Inheritance as to any Lands in any Ecclesiastical Tithe
Owner and his Successors, notwithstanding the same be made
by any Corporation Sole or Aggregate, or any Trustees or
Feoffees for charitable Purposes, otherwise restrained from or
incapable of making any such valid Conveyance or Assurance,
extends to Churchwardens and Overseers or to Trustees or

5 Feoffees

1840. Jlthei Cammutafiam AeU Amendment. Cap. 15. 12d

Feoffees of Parish Property, or of Property held by or vested
in such Trustees or Feoffees for Parochial or other Uses or
Purposes in the Nature of a Parochial or public Trust

XVllI. And be it enacted, That in any Case where the Power for
Parties to a Parochial Agreement, or the Commissioners in the P«rtieitoP«n>.
Case of an Award, shall hUve proceeded, according to the Pro- ^j^^^ Md7oT
visions of the said recited Acts, to ascertain and fix a Rent- Commiasioner^
charge in any Parish wherein any of the Lands shall at the *? declare the
Time of making such Agreement or Award be cultivated as extmonlinary
Hop Grounds or Market Gardens, and in case of proceeding Charge to be
by Award when Notice shall haVe been given that the Tithes p»y«»>iein re-
of any of the Lands so cultivated should be separately valued, Ground«, &c^
it shall be lawful for the said Parties to declare in such Agree-
ment, or for the said Commissioners to declare in such Award, /
die Amount of extraordinary Charge per Acre to be in future
payable in respect of Hop Grounds and Market Gardens
respectively in such Parish or any District therein; and the
Rent-charge mentioned in every such Agreement or Award
respectively shall, subject to the Addition of such acreable
extraordinary Charge, consist of the Amount agreed for or
awarded in respect of the Tithes in such Parish, other than
the Tithes of the Lands cultivated therein as Hop Grounds
and Market Gardens respectively, and the ordinary Charge in
respect of the Lands so cultivated as Hop Ghx>unds and Market
Gardens respectively added thereto : Provided always, that no No eztnordU
such extraordinary Charge shall be payable in respedt of any "•^?**'*fT
such Hop Grounds and Market Grardens during the First Year, Ground^'ftc."**
and only Half such extraordinary Charge during the Second for the Fintt
Year, in which they shall be newly cultivated as such, whether 5**"^**.!!^
such new Cultivation shall have commenced before or after agm^h, &c
the making of such Parochial Agreement or Award as afore-
said.

XIX.' And be it enacted, That it shall not be necessary to Extrmirdinarj
distinguish in any Apportionment the Amount of extra- *^*'*^*'*fJ^.
ordinary Rent-charge to be charged upon the Lands of each SnguChed on**'
individual Land Owner which shall be cultivated as Hop leiMurBte Lands
Grounds, Market Gardens, Orchards, Fruit Plantations, or ™ Apportion-
mixed Plantations of Hops and Fruit; provided that the "*"''
acreable Amount of extraordinary Charge for all the Lands so
cultivated respectively in any District which shall have been
assigned, or in any Parish wherein any extraordinary Rent*
chaige shall have been declared, previous to the Confirma-
tion of the Instrument of Apportionment, shall be inserted
therein.

XX. And be it declared and enacted. That every half-yearly Rent-charge to
Payment of Rent-charge under the said recited Acts, or either ^ «gwl*t«d by
of them, or this Act, shall from Time to Time be regulated by 6 & 7 w. 4.
the Averages published under the Provisions of th£ said first- c.7i. a. 67.
recited Act in the Month of January next preceding every such
half-yearly Day of Payinent.

XXI. And be- it enacted. That, unless a Majority in Value Inrtrument of
of the Owners of Lands included in any Apportionment shall, ^"^d^Jl^S^

[Na9. Price 2d.2 I by *"

the Amount of
Kent-charge
payable in re-
spect of each
Oose.

Act not to eX"
tend to Castes in
which Valuers
are already
appointed.

Cap. 15.

Tithes Commutation Acts Amendment.

3 Vicr.

Prorision for
Recovery of
Ezpenoes in
certain Cases.

Power to charge
Eipences of
Commutation,
in certain Cases,
on Renewal
Fines, &c.

Provision for
Qisoovery of
Books and
Documents

by Writing under their Hands, request the Commissioners to
omit the same, the Instrument of Apportionment shall distin-
guish the Amount or Portion of Rent-charge payable in respect
of the several Closes of the said Lands, and such Closes shall
be laid down in the Map or Plan annexed to such Apportion-
ment : Provided always, that nothing in this Provision contained
shall apply to any Instrument of Apportionment the Valuers for
effecting which shall have been appointed previous to the passing
of this Act; and no such last-mentioned Instrument of Appor-
tionment shall be deemed invalid if made in conformity with
the Instructions given to the Valuers for making the same,
although the Amount of Rent-charge payable in respect of the
several Closes of Land shall not have been distinguished therein,
nor such Closes laid down in the Map or Plan annexed thereto.
XX IL And be it enacted, That every Occupier whose Lands
or Goods shall be liable to Distress in respect of any Expences
chargeable under the said recite({ Acts, or either of them, or this
Act, against any Landlord or Lessor of the Lands in his Occu-
pation, shall be entitled to recover the Amount of any such
Expences which he shall pay. with Interest on such Payment
from Time to Time at Four per Centum per Amium^ and may
deduct the same from any Rent or Renewal Fines payable to
such Landlord or Lessor ; and where the Estate of such Land-
lord or Lessor in the Lands in respect whereof such Payment
shall have been made shall be less than an immediate Estate of
Fee Simple or Fee Tail, or subject by Settlement to any Uses
or Trusts, he shall be entitled to charge such Amount and
Interest upon such Estate in like Manner and subject to the
same Restrictions and Provisions as are contained in the said
recited Acts or any of them in relation to Owners of particular
Estates, or of Estates settled to the same Uses and Trusts as the
Lands in respect of which such Expences have been incurred
respectively.

XX III. And be it enacted, Tliat every Person, as defined
in the said first-recited Act, who is empowered under the said
recited Acts or any of them, or this Act, to charge upon his
Lands or Rent-charge any Expences of Commutation payable
by him, may exercise such Powers, in the Case of Expences in-
curred, as well in respect of the Commutation of Tithes payable
to him as the Owner thereof as of Tithes to which any Lands
whereof he is Owner are liable; and the Word ^< Lands ** shall,
in the Construction of the said Acts and of this Act, be con-
strued to extend to and include any Income or Sum receivable
by or accruing to such Person from redeemed Land Tax, or
from Fines or other Sums of Money payable on the Renewal
of any Term or Estate in Lands, Tithes, or Rent-charge holden
of or by him to the same Uses and upon the same Trusts as the
Lands, Tithes, or Rent-charge in respect of which such Expences
of Commutation are incurred.

XXIV. And be it enacted, That, notwithstanding any thing
in either of the said Acts contained, in all Cases where under
the said recited Acts or any of them the said Commissioner^ or

any

1840. TWies Commutation Acts Amendment, Cap. 15. 125

anj Assistant Commissioner may examine Persons upon Oath, renting to
and cause to be produced before them or him all Books and Commutation,
other Documents, as therein mentioned, relating to the Com- ^ ^j^ ^*,^
mutation of Tithes, the said Commissioners or Assistant Commis-
sioner may, by Summons under their or his Hand, require thq
Attendance of and examine any Party interested in the Lands
or Tithes of any Parish, or any other Person, and require the
Production also of all Deeds and Documents in the Custody
or Power of either Party, and allow such Portions only of them
to be read as in their or his Judgment shall be thought proper ;
and also that in all Cases where under the said Acts Parties in
a feigned Issue are required to produce to each other, and their
respective Attornies or Counsel, at such Time and Place as any
Judge may order before Trial, and also to the Court and Jury
upon the Trial of such Issue, all Deeds, Books, and other Docu-
ments, as in the said Act mentioned, relating to the Matters in
Issue in their respective Custody or Power, the Parties shall be
obliged to produce only such Documents, and such Portions of
them only shall be inspected or read, as the Judge shall think
proper, who may order the Parties to discover the Docu-
ments in their Possession, upon Oath, if he *shall think fit ; and
it shall be lawful for the Judge, and also for the Commissioners
or Assistant Commissioner, in the Cases aforesaid respectively,
to direct Copies or Extracts to be taken or furnished of the
same Documents, at the Expence of the Person requiririg the
same, at the Rate of Sixpence for every Common Law Folio :
Provided always, that in no Case shall any Person be compel-
lable to produce any Part of the Deeds or Documents in his
Possession which relate to the Title to the Property therein
referred to, but only such Parts thereof as relate to the Matter
immediately in Issue; and such Person may,- if he see fit, with-
hold any such Deeds or Documents, or any Portion thereof, on
making an Oath that the Deeds or Documents or Parts thereof
so withheld do not relate to the Matter so in Issue as aforesaid.
XXV. * And whereas in many Cases Tithe Owners have. Gardens op

* daring the Seven Years of Average prescribed by the said first- ^^^ "^^"^

* recited Act, forborne to take the Tithes of Lands used and exempted from

* occupied as Gardens, Lawns, or the like, or Compositions in Rcnucharge.

* lieu thereof, on account of such Lands being of small Extent,

* and the Tithes thereof being of inconsiderable Value :' Be it
enacted. That where in such Cases the Tithes of a Parisli or
District have been commuted, whether by a Parochial Agree-
ment or by a compulsory Award, and it shall be shown to the
Satisfaction of the said Commissioners that the Rent-charge or
Kent-charges specified in the said Agreement or Award has or
have been based upon the Average Value of the Tithes of the
said Parish or District during the said Seven Years of Average,
exclusive of any Tithes in respect of such Gardens, Lawns, or
such like small Holdings, according to the Provisions of the said
first-recited Act, and that no Part of the said Rent-charge or
Rent-charges has been agreed to be given or awarded in respect
of the Tithes of such Gardens, Lawns, or other such like small

I 2 Holdings,

126

Cap.l5<

Tlffies Commutation Adts Amendment:

3 Vii3C

The Commis-
sioners to caiuQ
a nev Appor-
tionment to be
made in Cases
in which tlie
Apportionment
shall have in-
cluded Tene-
ments from ^
which no Tithe
has been taken
vduring Seven
Years previous
to Christmas
1835.

Provision for
the Costoof
new Apportion-
ment*

Holdings, it shall be lawful for tlie said Commissioners, if thej
think fit, to order and direct that no Part of the said Rent-
charge or Rent-charges shall be apportioned upon such Gardens^
Lawns, or other such like small Holdings.

XXVL < And whereas it hath happened that in Cases where,
during the Seven Years of Average prescribed by the said
first-recited Act, Tithes shall not have been demanded of
certain Tenements, by reason of their small Extent or of the
small Amount of such Tithes, such Tenements have notwith-
standing been included in the Apportionment of the Rent-
charge for the Parish, whereby the Occupiers of suc?h Tene-
ments have become liable to have their Goods distrained upon,
and the Tithe Owner has been sybjected to much increased
Difficulty and Expence in the Collection of the Rent-charge,
contrary to the true Intent and Meaning of the said first-
recited Act; and it is therefore expedient, under certain
Restrictions, to give Relief in such Cases ;' be it enacted.
That in any such Case in which the Apportionment shall have
ncluded any Number of small Tenements, exceeding in the
nrhole One hundred, from which Tenements no Tithe or Com-
position for Tithe shall have been demanded or taken (notwith-
standing their Liability thereto) during the Period of Seven Years
next preceding Christmas in the Year One thousand eight hun-
dred and thirty-five, it shall be lawful for the Commissioners,
and they are hereby authorized, if they shall see fit, upon the
Application in Writing of any Ten or more of the Owners or
Occupiers of such small Tenements, or of the Tithe Owner, and
after satisfactory Proof shall have been given that no Part of the
Rent-charge has been agreed to be given or awarded in respect
of the Tithes of such small Tenements, to cause a new Appor-
tionment to be made of the said Rent-charge, and to order and
direct that no Part thereof shall be apportioned upon such small
Tenements; and the Provisions in the said first-recited Act
contained for hearing and determining Objections to Appordon-
ments, and for rendering the same, or any Map or Plan therein
referred to, final and conclusive, shall be and are hereby respec-
tively made applicable to every such new Apportionment ; and,
subject to such Provisions, such new Apportionment shall coip-^
mence and take effect from the half-yeai*ly Day of Payment of
the said Rent-charge which shall happen next before the Con-
firmation of the same Apportionment : Provided always, that no
Payment of such Rent-charge, or Right to Arrears thereof^
which shall have become due or accrued on or before the said
half-yearly Day of Payment, nor any Remedy in case of Non-
payment, shall in anywise be aifected by any such new Appor-
tionment

XXVn. And be it enacted, That the Costs of and attending
every such new Apportionment shall be paid and borne by the
Parties making such Application, in such. Proportions as the
Commissioners shall direct, and shall be recoverable in like
Manner as the Costs of any Apportionment under the said first-
recited Act ; and as to any Part of such Costs as may be borne

by

1640. Takes C&mmuttttian Acts Amendment Cap. 15. 127

by the Tithe Owner, such Tithe Owner, being an Ecclesiastical
beneficed Person, may charge or assign the Rent-charge as a
Security for the Repayment of such Costs in like Manner as
for the Costs of the Commutation under the said Act
XX VIII. * And whereas by the said lastly-recited Act Powers Commiwontti

* are given to the said Commissioners or any Assistant Commis- ^J^jJhial^
' sioner, upon the Application in Writing of not less than Two Boundaries on

* Thirds in Number and Value of the Land Owners in any R«qui»ition of

* Parishes or Townships, to set out and define the Boundaries J^^.^J^^.
' of such Parishes or Townships in manner in the said Act pro- ^ ^ 3 vict.

* vided; and it is expedient to extend such Power in manner e.63. I.S4.&

* herein-after mentioned;' be it enacted, That it shall be lawful S5.
for the said Commissioners, or Assistant Commissioner, but at

the sole Discretion of tlie said Commissioners, and only in such
Manner as they shall see fit and proper, to exercise all and
every the Powers so given by the said lastly-recited Act relating
to Boundaries of Parishes or Townships, on the Adplication in
Writing of Two Thirds in Number and Value of the Land
Owners of any One Parish, Place, or Township whose Boundary
shall be in question, notwithstanding the Land Owners in the
Parish, Place, or Township adjoining such Boundary shall not
join in such Requisition : Provided always, that in every such
Case the said Commissioners' or Assistant Commissioner shall.
Twenty-one Days at least before proceeding to make Inquiry
and adjudicate on such Question of Boundary, cause a Notice
to be sent by the Post, or otherwise given, addressed to the
Churchwardens and Overseers, and also to the Surveyors of the
Highways of every Parish, Place, or Township adjoining such
Boundary, of the Intention of the said Commissioners or Assis-
tant Commissioner to proceed on the Question of such Boundary,
and shall specify in such Notice a Time and Place of Meeting
so to proceed therein, and shall annex to each Copy of such
Notice a Copy of the Application of the Land Owners requiring
the Commissioners to make such Inquiry and Adjudication, and
shall also cause a Copy of such Notice to be inserted, once at
least in Two successive Weeks previous to the Day of such
Meeting, in some Newspaper having Circulation in the County
where such Parish, Place, or Township is situated; and no
Assistant Commissioner shall proceed in any such Inquiry with-
out exhibiting at such Meeting the Papers containing the Adver-
tisement of such Notice, and also a Certificate, under the Hands
of the said Commissioners, or any One or Two of them, of One
Copy of such Notice having been respectively sent to such
Churchwardens and Overseers, and a Copy to such Surveyors
as aforesaid ; and the Assistant Commissioner shall thereupon
proceed in all respects, and his Proceedings shall be as valid
and binding, as if the said Inquiry had been instituted on the
Application in Writing of Two Thirds in Number and Value,
as well of the Land Owners of the Parish, Place, or Township
to which such Notice shall have been so sent, as of the Parish,
Place, or Township causing such Inquiry to be instituted:
Provided nevertheless, that upon the Application in Writing, Pr<mio*

I 3 addressed

128 Cap. 15^16. TUhes ComnhUaLian. — Indemnity. 3 Vicr.

addressed to the said Commissioners daring the Interval of such
Twenty-one Days, of not less than Two Thirds in Number and
Value of the Land Owners in any Parish, Place, or Township
adjoining such Boundary, and not being Parties to any such
Application as aforesaid, objecting to the said Commissioners
or Assistant Commissioner proceeding under the same in the
Matter of such Boundary, all Proceedings which shall have
been instituted upon the Application of such single. Parish^
Place, or Township under this Act shall forthwith be stayed.
This Act to be XXIX. And be it enacted, That this Act shall be taken to

^'todA^ *^ai^ ^ ^ ^^^^ ^^ ^^ ^*^ recited Acts, and also of an Act passed in
of 1 & 2 Vict, the Second Year of the Reign of Her present Majesty, intituled

An Act to facilitate the Merger of Tithes; and in the Construction
of this Act, unless there be something in the Subject or Con-
text repugnant to such Construction, the sevei*al Words used
in this Act shall have and bear the same Interpretation as is
given to such Words respectively in the said Acts or either of
them ; and whenever a Word importing the Singular Number or
Masculine Gender only is used, the same shall be understood to
include and shall be applied to several Persons or Parties as well
as One Person or Party, and Females as well as Males, and
several Matters or Things "as One Matter or Thing respectively,
and the converse.

XXX. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

e.64.

Act may be
amended thif
Seisioii.

XG. t. st.2.
c. 13.

13 C 2. st.2.
c. 1.

CAP. XVL

An Act to indemnify such Persons in the United King*
dom as have omitted to qualify themselves for Offices
and Employments, and for extending the Time limited
for those Purposes respectively until the T>venty- fifth
Day ofilfflrrcA One thousand eight hundred and forty-
one ; and for the Relief of Clerks to Attornies and
Solicitors in certain Cases. [19th June 1840. J

T\/^HEREAS divers Persons, who, on account of their
* Offices, Places, Employments, or Professions, or any
other Cause or Occasion, ought to have taken and subscribed
the Oaths or Assurance respectively appointed to be by such
Persons taken and subscribed in and by an Act made in the
First Year of the Reign of His Majesty King George the
First, of glorious Memorj', intituled An Act for the further
Security of His Mqjestj/s Person and Government^ and the Smc-
cession of the Crown in the Heirs of the late Princess Sophia,
being Protestants ; and for extinguishing t/ie Hopes of the pre-
tended Prince o/" Wales, and his open and secret Abettors ; or to
have qualified themselves according to an Act made in the
Thirteenth Year of the Reign of His Majesty King Charles
the Second, intituled An Act for the weVgoveming and regu^
lating of Corporations ; or to have qualified themselves ac-

^ * cording

1840. Indemnity. Cap.l6« 129

cording to another Act mtule in* the Twenty-fifth Year of the
Reign of His Majesty King Charles the Second, intituled An 25 C. s. il s.
Act fir preventing the Dangers which may happen from Popish c 2. .
Becusants; or according to another Act made in the Thir-
tieth Year of the Reign of His Majesty King Charles the
Second, intituled An Act fir the mare effectual preserving the so C 2. st. 2.
Kin^s Person and Government^ by disabling Papists fivm sitting
in either House of Parliament ; or according to another Act
made in the Eighth Year of the Reign of His Majesty King
George the First, intituled An Act fir granting the People called s G. 1. c t.
Quakers sudi Forms of Affirmation or Declaration as may remove
the Difficulties which many of them lie under ; or according to
another Act made in the r^inth Year of the Reign of His
Majesty King George the Second, intituled An Act fir in- 9 G. 2. c 25.
demnifying Persons who have omitted to qualify themseloes fir
Offices within t/ie Time limited by Law, and fir allowing firther
lime fir that Purpose ; and fir amending so much of an Act
passed in the Second Year of the Reign of His present Megesty
as requires Persons to qualify themsehes for Offices before the
End of the next Term or Quarter Sessions, and also fir en-
larging the Time limited by Lawfivt making and subscribing the
Dedarettion against Transubstantiation ; and for allowing afiaiher
Time for Enrolment of Deeds and Wills made by Papists ; and
for Relief of Protestant Purchasers, Devisees, and Lessees ; or
according to another Act made in the Eighteenth Year of
the Reign of His Majesty King George the Second, intituled
An Ai^ to amend and render more effethwl an Act passed in the ^^ ^' ^' ^* ^^
Ftflh Year of His present Mcgesh/s Reign, intituled ' An Act
fir the further Qualification of Justices (^the Peace ;* or accord-
ing to another Act made in the Sixth Year of the Reign of
His Majesty Kirfg George the Third, intituled An Act fir 6G.s. 0.53.
altering the Oath of Abfuration, and the Assurance; asvd for
(mending so much of an Act made in the Seventh Year of the
Bnign of Her late Mcgesty Queen Anne, intituled * An Act for
the Improvement of the Union of the Two Kingdoms,* as after the
Time therein limited requires the Delivery if certain Lists and
Copies therein mentioned to Persons indicted of High Treason or
Misprision of Treason ; or according to another Act passed in
the Ninth Year of the Reign of His Majesty King George the
Fourth, intituled An Act for repealing so much of several Acts 9G. 4. c 17.
as imposes the Necessity of receiving the Sacrament of the Lord^s
Supper as a Qualificatiofi fir certain Offices and Employments ;
or according to another Act passed in the Tenth Year of the
Reign of His said Majesty, intituled An Act fir ^ Rdiefof ioG.4.g.7.
His Mcgestjfs Roman Catholic Stibjects, so far only as the said
Act relates to any Civil or Military Offices or Places of
Trust, or Places of Profit, or Corporate Offices ; have, through
Ignorance of the Law, Absence, or some unavdidable Acci-
dent, omitted to take and subscribe the Oaths and Assurance
and make and subscribe the Declaration required by the
said recited Acts or either of them, or otherwise to qualify
themselves as aforesaid, within such Time and in such Man-

i 4 * ner

ISO Cap. 16. Indemmish 3 Vicr.

< ner as in- and by the said Acts respectively is reqaired,
^ whereby they have incurred, or may be in danger of mcur-

* ring, divers Penalties and Disabilities: For quieting the

< Minds of^ Her Majesty's Subjects, and for preventing any
' Inconvenience that might otherwise happen by means of such

* Omissions,' be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-

PenoM who mcnt assembled, and by the Authority of the same^ That all
have omitted to ^j^^ eveiy Person or Persons who, at or before the passing of

^ives^J ]^~ ^^'^ ^^^ ^^^^ ^^ ^^U ^^^ omitted to take and sul^cribe the
quired by the Oaths and Declarations, or otherwise to qualify him, her, or
7"^fi^^ d"' ^h^i'^^selves, within such Time and in such Manner as in and
aUowed further ^X ^^^ ^^^ ^^^ OT any of them is required, and who^ after
Time. accepting any such Office, Place, or Employment, or under-

taking any Profession or Thing, on account of which such
Qualification ought to have been had and is required, before
the passing of this Act hath or have taken and subscribed the
said Oaths or made the Declarations required by Law, or who,
on or before die Twenty-fifth Day of March One thoupand
eight hundred and forty-oi^^ shall take and subscribe the Oaths»
Declarations, and Assurance respectively, in such Cases wherein
by 'the said several Acts or any or either of them the said
Oaths, Declarations, and Assurance ought to have been taken
and subscribed) in such Manner and Form, and at or in such
Place or Places, as are appointed in and by the said several
Acts or any or either of them, shall be and are hereby indem-
nified, freed, and discharged from and against all Penalties,
Forfeitures, Incapacities, and Disabilities incurred or to be
incurred for or by reason of any Neglect or Omission, previous
to the passing of this Act, of taking or subscribing the said
Oaths or Assurance, or making or subscribing the said Decla-
rations respectively, or taking or subscribing the said Oath,
according to the above-mentioned Acts or any of them, or any
other Act or Acts ; and such Person or Persons is and are and
shall be fully and actually recapacitated and restored to the
same State and Condition as he, she, or they were in before
such Neglect or Omission, and shall be and be deemed and
adjudgea to have duly qualified him, her, or themselves accord*
ing to the above-mentioned Acts and every of them; and that
all Elections of, and Acts done or to be done by, any sucli
Person or Persons, or by Authority derived from him, her, or
them, are and shall be of the same Force and Validity as the
same or any of them would have been if such Person or
Persons respectively had taken the said Oaths or Assurance,
and made and subscribed the said Declarations respectively,
and taken and subscribed the said Oath, according to the
Directions of the said Acts and every or any of them ; and that
the Qualification of such Person or Persons qualifying them-
selves in manner and within the Time appointed by this Act
shall be to all Intents and Purposes as eifectual as if such
Person or Persons h^d respectively taken the said Oaths and

Assurance,

1640. hidgmmJhf. Cap.l& ISl

Auuraneey and made ^ and subscribed die said Declarations
respectiyely, and taken and subscribed the said Oadiy within
the Time and in the Manner appointed by the several Acts
before mentioned.

II. ' And whereas several Persons well affected to Her Indemoity to
« Majesty's Government, and to the United Church o( England JJJ^ttiJto^c

* and Ireiandi have, through Ignorance of the Law, neglected, ^ subscribe
< or been, by Sickness or other unavoidable Causes,' prevented the Oath and

* from taking and subscribing the Declaration according to ^^^^J^S^
*■ the Directions of an Act passed in the Parliament of Ireland ^y^ Ad[ of

* in the Second*Year of the Reign of Her Majesty Queen jbrne^ s Anne.

* intituled An Act to prevent the further Growth of Popery ;* be it
therefore enacted. That all Persons who have incurred any
Penalty or Incapacity in the said recited Act mentioned, by
neglecting to qualifj*^ themselves according to the said Act,
shidl be and are hereby indemnified, freed, and discharged
from all Incapacities, Disabilities, Penalties, and Forfeitures
incurred by reason of such Omission or Neglect as aforesaid ;
and that no Act done by any of them, not yet avoided, shall be
questioned or avoided by reason of such Omission or Neglect,
but that all such Acts shall be and are hereby declared to be
as good and effectual as if such Persons respectively had taken
ana subscribed the said Oath, and made and repeated and sub-
scribed the said Declaration, at such Time and Place and
Manner as in the said Act is mentioned ; any thing in the said
Act to the contrary notwithstanding : Provided always, that such
Person or Persons do and shall take and subscribe the said
Oaths, and make, repeat, and subscribe the said Declaration, in
such Manner and Form, and in such Place or Places respeC-
tively^ as are directed and appointed by the said last-recited
Act, on or before the Twenty-fifth Day of March One thousand
eight hundred and forty-one.

II L Provided always, and be it enacted. That this Act, or Not to indem-
asiy thing herein contained, shall not extend or be construed lufy Persons
to extend to indemnify any Person against whom final Judg- 23".^idimCTt
ment shall have been given in any Action of Debt, Bill, Plaint, hn been given,
or Information, in any of Her Majesty's Courts of Record, for
any Penalty incurred by having neglected to qualify himself
within the Time limited by Law.

IV. Provided also, and bef it enacted, That nothing contained Not to exempt
in this Act shall extend or be construed to extend to exempt "^V?'^^ f^J^
any Justice of the Peace within Great Britnan from the ^uaUfica^.
Penalties to which he is subject for acting as such without
being possessed of the Qualification required by the Laws now «
in force.

V.-« And whereas the Appointment of divers Clerks of the Admiwloni to
^ Pawe, Town Clerks, and other Public Officers, and the ^'"'^^^
^- Admission of divers Members and Officers of Cities, Corpo- )[fter Uie Time
' jations, and Borough Towns in Great Britain^and Ireland^ or allowed.
^ the Entries of such Admissions in the Court Books, Rolls,

* or Records of such Cities, Corporations, and Borough Towns,

* which by several Acts are directed and required to be

* stamped,

182

Indemnity to
Penoos who
httve paid the
Dutitt on In-
denture! to
aenre as Clerlii
to Attomies,
&c. but have
neglected to

Cap. 16. Indemnity* 3 Vict*

' stamped, may not have been provided or the same not

* stamped, or may have^ been lost or mislaid ;' be it enacted.
That for the Relief of such Persons whose Appointments and
Admissions, or the Entries of whose Admissions as aforesaid,
may not liave been provided, or not duly stamped, or where
the same have been lost or mislaid, it shall and may be lawful
to and for such Persons in Great Britain or Ireland^ on or
before the Twenty-fifth Day of March One thousand eight
hundred and forty-one, to provide or cause to be provided Ap-
pointments and Admissions^ or Entries of Admissions, as afore-
said, duly stamped; or in case where such* Appointments,
Admissions, or Entries of Admissions as aforesaid have been
made or provided, but have not been duly stamped, to produce
such Appointments, Admissions, or Entries of Admissions aa
aforesaid to the Commissioners appointed to inspect and manage
the Revenues of the Stamp Duties, to be duly stamped, which
such Commissioners are hereby authorized and empowered and
required to duly stamp, on Payment of Double tlie Amount of
the Duties first payable or to have been paid on such Appoint-
ments, Admissions, or Entries as aforesaid, without any other
Fine or Forfeiture thereon ; and in order to denote the said
Duties the said Commissioners are hereby authorized and
empowered to use such Stamps as shall have been heretofore
provided to denote any former Duties on stamped Vellum^
Parchment, and Paper, or to cause new Stamps to be provided
for that Purpose, and to do all other Things necessary for
putting this Act in execution, in the like and in as full and
ample Manner as they or the major Part of them are authorized
to put in execution any former Law concerning stamped Vel-
lum, Parchment, and Paper; and such Persons so providing
Appointments, Admissions, or Entries of Admissions as afore-
said, duly stamped, or procuring the same to be duly stamped
in manner aforesaid, are and shall be hereby confirmed and
qualified to act as Clerk of the Peace, Town Clerk, and other
Public Officer, or Member or Members, Officer or Officers of
such Cities, Corporations, and Borough Towns respectively, to.
all Intents and Purposes, and shall and may hold and enjoy
and execute such Offices, or any other Office or Offices into
which he or they hath or have been elected, notwithstanding
his or their Omission, or- the Omission of any of their Prede-
cessors in such Cities, Corporations, or Borough Towns as
aforesaid, and shall be indemnified and discharged of and from
all Incapacities, Disabtlities, Forfeitures, Penalties, and Damages
by reason of any such Omission ; and none of his or their
Acts shall be questioned or avoided by reason of the same.

VI. ' And whereas many Persons who may have paid the

* proper Stamp Duties, either before or within Six Months

* after the Execution of the Contracts in Writing entered into
< by them to s^rve as Clerks to Attornies or Solicitors, Scri-
« veners or Notaries Public, in Great Britain^ have omitted to
( cause Affidavits to be made, and afterwards to be filed in

* the proper Office, of the actual Execution of such Contracts,

^ and

1840. Indemnity. Cap. )6. 133

* And have also omitted to cause such Contracts, and the In- «««• AiBd«vi«
< dentures thereof, or the Assignment of any such Indentures, ^^^^

* to be enroUed within the Time in which the same ought to
' have been done; and many Solicitors, Attomies, Notaries

* Public, and others have omitted to take out annual Cer-
^ tificates, or to enter the same in the proper Office; and
' many Infants and others may thereby incur certain Disabili-

* ties:' For preventing thereof, and relieving such Persons, be

it enacted. That every Person who shall, either before or .
within Six Months after the Execution of such Contract or
Indenture, have paid the proper Stamp Duty in that Behalf,
and who at the passing of this Act shall have neglected or
omitted to cause any such Affidavit or Affidavits as aforesaid
to be made and filed, or such Contract or Indenture or
Assignment to be enrolled, and who, on or before the First
Day of Hilary Term One thousand eight hundred and forty-
one, shall cause such Contract or Indenture or Assignment to be
enrolled with the proper Officer in that Behalf, and One or
more Affidavit or Affidavits to be made, and afterwards to be
filed, in such Manner as the same ought to have been made and
filed in due Time, shall be and is hereby indemnified, freed,
and discharged from and against all Penalties, Forfeitures,
Incapacities, and Disabilities in or by any Act or Acts men-
tioned, and incurred or to be incurred for or by reason of such
Neglect or Omission ; and every such Affidavit and Affidavits so
to be made, and which shall be duly filed on or before the
First Day of Hilary Term One thousand eight hundred and
forty-one, shall be as effectual to all Intents and Purposes as if
the same had been made and filed within the respective Times
the same ought, by the Laws now in being for that Purpose,
to have been made and filed ; and that the respective Officer or
Officers who ought to receive, file, enter, or register such Con-
tract or Indenture, or Affidavit or Affidavits, shall not refuse
to receive, file, enter, or register die same by reason that the
Attorney, Solicitor, or Notary Public to whom such Infant or
other Person shall have been articled or assigned, or have con-
tracted to serve, shall have neglected to take out his Annual
Certificate, or to register the same, but such Officer or Officers
are hereby directed and empowered to receive, file, enter, or
register the same, notwithstanding such Omission; and that Neglect of
every Person who shall have regularly served any Attorney or .^*?°fi '*^ *t '
Attornies, Solicitor or Solicitors, Notary Public or Notaries their AmiuiU
Public, for the Term of Years required by Law, shall not be Certificau* not
prevented or disqualified from being admitted an Attorney, to disquaU^Uie
Solicitor, or Notary Public, by reason of any Omission of the have serred
Person or Persons to whom he served for the same Term, or them,
for any Part thereof, having so neglected to take out his Annual
Certificate, or to register the same, provided that such Person
is otherwise entitled to be created and admitted to such Office
by the Laws now in force relating thereto.

VII. And be it enacted, That in case the Attorney, Solicitor, ^^ '^^**'^
Proctor, or Notary to whom any Person shall have duly served AttbrSesnotto

bis diiqualify Per-

134 Cap. 16. Indemnity. 3 Vicr.

aoda vbo haYe his Clerkship under Articles in Writing for that Purpose shall
senred Uicio. ^^^ ^^^ Service of the Clerk be struck off jtbe Roll in conse-
quence of some Defect in the Service under the Articles of
Clerkship or of the Admission and Enrolment of such Attor-
ney, Solicitor, Proctor, or Notary, the Person who has so duly
served his Clerkship shall not be prevented or disqualified from
being admitted and enrolled as an Attorney, Solicitor, Proctor,
or Notary, nor liable to be struck off the Roll if admitted, by
reason of any such Defect as aforesaid, provided that such Clerk
or Person be otherwise entitled to be admitted and enrolled
according to the Laws qow in force relating thereto.

Applications for VII J. And be it enacted, That no Person who has been
strik'^ Attor. admitted and enrolled and in actual Practice as an Attorney,
for Defect in Solicitor, Proctor, or Notary shall be liable to be struck off the
Articles, &c. to Roll for or on account of any Defect in the Articles of Clerk-
I2»i^th8'*f" ^^^P* ^^ the.Registi^ thereof, or the Service under such Ar-
Admission. ticles, or of his Admission and Enrolment, unless the Applica-
tion for striking him off the Roll be made within Twelve
Months from the Time of his Admission and Enrolment

In cMe of IX. Provided always, and be it enacted. That in any Case

Articles being Jn which the original Articles of Clerkship shall have been or
mL oniCTa*^' ®^*'' hereafter be lost or destroyed before or after Payment of
Copy thereof to the Duty, it shall be competent to either of Her Majesty's
be enrolled. Superior Courts at Westminster to direct the Enrolment of a

Copy of such Articles, upon being satisfied, by such Evidence
as]]^shall appear to the Court sufficient to prove the Loss of such
original Articles, of the Authenticity of the Paper proposed for
Enrolment, and that the Duty has been duly paid upon such
Articles or upon a Copy thereof, to be shown by. the denoting
or other appropriate Stamps as the Case may reouire, and pro-
vided such Court shall be satisfied that the Clerk has duly
served under such Articles from the Time of the Execution
thereof, or for such Time as shall appear satisfactory to the
Court under the Circumstances of the Case.

The Word X. * And whereas by an Act passed in the Seventh Year of

7 GT.*^44"to * *® ^^**^ of .His Majesty King George the Fourth, to allow,
meui Calendar ' until the Tenth Day of October One thousand eiffht hundred
Moadia, < and twenty-six, the Enrolment of certain Articles of Clerk-

< ship, and for other Purposes therein mentioned, it was enacted,

< that it should not be lawful for the Commissioners of Stamps,

< or any of tlieir Officers, to stamp, under any Pretence what*

< ever, after the Expiration of Six Months from their Date, any

* Articles of Clerkship to Attornies or others, as therein speci-

* fied : And whereas the using of the Word " Months *' in the

< said last-mentioned Act, in this respect, without the Addition

< of the Word '* Calendar," occasioned Mistakes and Incon-
' veniences;' be it enacted. That from and after the passing of
this Act the Word ^' Months '^ used in the said last-mentioned
Act, so far as the same relates to the stamping of Articles of
Clerkship to Attornies and others therein specified, shall be
understood to mean Calendar Months.

XL ' And

1840. Jndmniiy. Cap. 16,17. 1S5

XI. ^ And whereas several Persons bound to serve as Clerks Indenturo, fte.

* or Apprentices to Attornies pr Solicitors have applied to have ^ '^iS'iSr*

< die Indentures or Contracts of such Clerkship stamped after ^f MichaehaaM

< the Expiration of Six Lunar and before the Expiration of Six Term 1840^ if

* Calendar Months from the JDftte thereof;* be it enacted, That ^^^^JJ^bJ"
it shall and may be lawful for the Commissioners of Stamps and whhia Sii Ciu
Taxesy or any of their proper Officers, at any Time before lendar Months
the last Day of Michadmas Term One thousand eight hundred J^J^® ^'^
and fi>rty, to stamp any Articles of Clerkship^ Contract, Inden-
ture, or other Instrument whereby any Person hath become

bound to serve as a Clerk or Apprentice, in order to his Ad**
mission as an Attorney or Solicitor in any of the Courts of Law
or Equity, although the Period of Six Calendar Months from
the Date thereof hath now elapsed, upon Payment of the proper
DuQr payable in respect of the same, and of the further Sum of
Five Pounds by way of Penalty, provided it shall be proved \q
the Satisfaction of the said Commissioners that Application was
made to them or to their proper Officer to have such Articles,
Contract, Indenture, or Instrument stamped within Six Calendar
Months from the Date thereof.

XII. Provided always, and be it enacted. That this Act, or Not to restoiv
any thine herein contained, shall not extend or be construed offiMaJ^d^
to extend to restore or entitle any Person or Persons to any bj Judgment.
Office or Employment, Benefice, Matter,'or Thinff whatsoever,

already actually avoided by Jud^nent of any of Her Majesty's
Courts of Record, already legally filled up and enjoyed by any
other Person ; but that such Office or Employment, Benefice,
Matter, or Thing, so avoided or legally filled up and enjoyed,
shall be and remain in and to the Person or Persons who is or
are now or shall at the passing of this Act be legally entided
to the same, as if this Act had never been passed.

XIII; And be it enacted. That in case any Action, Suit, Bill General Imie.
of Indictment, or Information shall from and after the passing
of this Act be brought, carried on, or prosecuted against anv
Person or Persons hereby meant or intended to be indemnified,
recapacitated, or restored, for or on account of any Forfeiture,
Penalty, Incapacity, or Disability whatsoever incurred or to be
incurred by any such Neglect or Omission, such Person or Per-
sons may plead the General Issue, and upon their Defence give
this Act and the special Matter in Evidence upon any Trial to #

be had thereupon.

CAP. XVII.

An Act for granting to Her Majesty Duties of Cus- ^L^/^f^^^^^yS-
toms. Excise, and Assessed Taxes. ^Vf/^^y

/^y^/^ ^

Most Gracious Sovereicrn, w>^>^ ^r-^ 7 -

- V V »#^i-_-^-» r* j..«:r..i A 1 1 c..u: ^ *u-. y^ '^^^ <^ ^^ W/^\

tT

[19th Jvm 1840.] '^C ^ -l^^T^

* W/^E, Your MajestVs most dutiful and lojral Subjects, the ^y\ jy^ y^ /^

* ' ^ Commons of the United Kingdom of Ortat Britain and *~ ^ ^ ^/
' hdoaid in Parliament assembled, towards raising the necessary

* Su{^lies to defray Your Majesty's public Expences and making

< an

196 Cap. 1 7. Customs^ 8^. Duties. 3 Y ict.

^ an Addition to the public Revenue, liave freely and volun-
* tarily resolved to give and grant unto Your Majesty the
' several additional- Rates and Duties herein-after respectively
^ mentioned; and do therefore most humbly beseech Your
' Majesty that it may be enacted ;' and be it enacted by the
Queen's most Excellent Majesty, by and with the Advice and
^^Tcite^ Consent of the Lords Spiritual and Temporal, and Commons,

' in this present Parliament assembled, and by the Authority of

An additional the same, That from and after the Fifteenth Day of May One
CmL^oathe^^ thousand eight hundred and forty there shall be charged,
Amount of all raised, levied, collected, and paid an additional Duty or Charge
Customs and of Five Pounds per Centum upon the Produce and Amount of
«""t s^iriS* ^'^ ^^^ several Duties and Revenues of Customs and Excise
Corn, and Post charged and collected under the Management of the Commis--
Horses. sioners of Customs and Excise respectively throughout the

United Kingdom ; save and except upon the Produce and

Amount of the Duties of Customs upon Spirits or Strong Waters

of all Sorts; and upon the Produce and Amount of the Duties

of Customs upon Com, Grain, Meal, or Flour entered for Home

Consumption in the United Kingdom from Parts beyond the

Seas; and upon the Produce and Amount of the Duties of

Excise on Horses let to Hire, and on Licences taken out by

Persons letting Horses for Hire ; and upon the Produce and

Amount of the Duties on Spirits made and distilled in the United

Kingdom.

An additional 11. And be it enacted. That from and after the said Fifteenth

^rSdte ''i d ^^^ ^^ ^^y ^°® thousand eight hundred and forty there shall

upon all %>irit8 ^® raised, levied, collected, and paid, upon every Gallon of

imported. Spirits OT Strong Waters of all Sorts imported into the United

Kingdom, or in Warehouse under Her Majesty's Locks on the

said Fifteenth Day of May, an additional Duty of Customs of

Four-pence, such additional Dtuy to be charged, raised, levied,

collected, and paid as any Duty of Customs on Spirits or Strong

Waters may be now charged, raised, levied, collected, and paid

under any Act or Acts relating to the Revenue of Customs.

An additional HI. And be it enacted, That there shall be charged, raised,

GaJlon**on*'^ P®** levied. Collected,^ and paid, upon every Gallon of Spirits, of the

British Spirits. Strength of Hydrometer Proof, which shall, after tlie Fifteenth

Day of May One thousand eight hundred and forty, be distilled,

% or be in the Stock, Custody, or Possession of any Distiller in

Englandj Scotland^ or Ireland respectively, or which, having been

distilled in Scodand or Ireland^ shall after that Day be in

Warehouse, and be taken out of Warehouse for Consumption in

Scodand or Ireland, or for Removal to Englandy or which, having

been taken out of Warehouse, shall after that Day be brought

into England, or having been removed to England, and the Kill

Duties thereon not having been paid or satisfied, shall after

that Day be on the Legal Quays or Sufferance Wharfs, or other

Place of landing, an additional Duty of Four-pence.

Additional . IV. And be it enacted. That there shall be allowed and paid

Drawbacks. an additional Allowance, Drawback, and Bounty of Five Pbmids

per Centum upon any Allowance, Drawback, or Bounty of

Customs

1S40. Ctatomgj ^ Duties. Cap. 17. 137

•

Ciutoms or Excise qow due on all Goods and Commodities
entitled to Allowance, Drawback,tor Bounty on the Exportation
or RemoYal thereof to Foreign Parts or Irelandj which shalli
on or after the Fifteenth Day of August One thousand eight
hundred and forty, be so exported or removed, and upon all
Timber used in the Mines of Tin, Lead, or Copper in the
Counties of Devon or Cornwall, or in Irdandy and on any Goods,
in respect of whicft Allowances of the Duties of Excise are
now by Law payable, made use of in the Manufacture of other
Goods and Commodities, after the said Fifteenth Day of August:
Provided always, that where any of the said first-mentioned
Goods shall be so exported or removed before the said Fifteenth
Day of August, and it shall be made to appear to the Satisiaction
of the Commissioners of Customs or Excise respectively that
the additional Duty or Charge of Five Pounds per Centum by
this Act imposed has been charged on the Goods and Commo-
dities so exported or removed, and if Goods entitled to a Draw-
back of Excise, the same having been packed at the Makers
thereof, it shall be lawful for the said Commissioners respectively
to allow and pay the said additional Drawback or Bounty in
respect of such Goods and Commodities.

V. And be it enacted. That the Duties, Bounties, and Draw- Duties, &e« of
backs of Customs by this Act imposed and allowed shall be ^!^f^^^
under the Management of the Commissioners of Her Majesty's dement ^TAe
Customs, and shall be ascertained, raised, levied, collected, and CoifimiirioDen
paid and recovered, and allowed and applied or appropriated, of Curtems, &a.
under the Provisions of an Act passed in the Third and Fourth ^ ** •♦•••5«-
Years of the Reign of His late Majesty King JViUiam the

Fourth^ intituled An Act for the general Regulation of the
Customs.

VI. And be it enacted, That the said additional Duty or V^^^^^'
Charge of Five Pounds per Centum on the Produce or Amount AUowanceii of
of the Duties of Excise, and the said additional Drawbacks Excue to be
and Allowances, and the said additional Duty of Excise on ^^^ ^
Spirits, shall be under the Management of the Conunissioners of^^Commi*.
of E^Lcise for the Time being, and the same shall and may be sionenofEx- ;
respectively raised, levied, recovered, paid, and applied in such *^'^1^***?*
and the like Manner, and in and by the same Means, Ways, or ^pUed nnder
Methods, by which the several and respective Duties on the the Laws of
Produce and Amount of which the said additional Duty or ^«cwe.
Charge of Five Pounds per Centum is hereby imposed, and the

Duties on Spirits made or distiUed in England, Scotland, and
btkmd respectively are or may be charged, raised^ levied,
collected, recovered, paid, and applied ; and all and every Act
or Acts relating to the Duties of Excise^ and all and every Fine,
Penalty, or Forfeiture, of any Nature or Kind whatsoever,
for any Offence against or in breach of any Act or Acts for
securing the Duties of Excise or any of them, or for the
Regulation thereof, in force immediately before the passing of
this Act, and the several Clauses, Powers, and Directions therein
contained, shall and the same are respectively hereby directed
and declared to extend to, and shall be applied^ practisec^

and

138

Cap. 1 7.

Customt, {fc. Duties.

3Vicr.

Pioviding for
Coatracts made
before the Im-
position of adcU-
tional Duties.

AuuMtd 2li«af .

An additional
Dutyof lOf.
per Cent, on
the Dntiea i]iP

granted.

48 G. 3. cSS.

58 6.3. c. 93.

and put in execution (except where otherwise altered or declared
by thiB Act) for and in respect of the additional Duties of Ex-
cise by this Act imposed, in jas full and ample Manner as if
all and every the said Acts, Clauses, Provisions, Powers, Direc-
tions, Fines, Penalties, and Forfeitures were repeated and re-
enacted in this Act.

VIL < And whereas Contracts may ha^ been made on or

< before the said Fifteenth Day of May One thousand eight
^ hundred and forty, for Goods or Commodities or Spirits 'on

< which the additional Duties of Customs and Excise hereby

< imposed will attach, to be delivered on or after that Day ;' be
it therefore enacted, That all and every Person and Persons
who shall or may,iion or before the said Fifteenth Day of May
One thousand eight hundred and forty, have made or entered
into any such Contracts or Agreements, shall and they are
hereby respectively authorized and empowered, in the Case of
any such Contracts or Agreements, to add so much Money as
will be equivalent to the said additional Duties respectively to
the Price of suqh GkMxls or Commodities or Spirits, and shall be
entitled by virtue of tliis Act to be paid for the same accord-
ingly-

VlIL And be it enacted. That upon all Assessments made

or to be made for the Year commencing on the Sixth Day of
April One thousand eight hundred and forty, or for any
subsequent Year, of the Duties of Assessed Taxes chargeable
or to become chargeable under or by virtue of an Act passed
in the Forty-eighth Year of the Reign of King George the
Third, intituled An Act for repealing the Duties of Assessed Taxesj
and granting new Duties in Ueu thereof and certain additional Duties
to be consolidated therewith ; and also for repealing the Stamp Duties
on Game Certificates^ and granting new Duties in lieu thereof ^ to be
pUuxd under the Management of the Commissioners for the Affairs of
Taxes; and also' an Act passed in the Fifty-second Year of the
Reign of the said King George the Third, intituled An Act for
granting to His Mcgesty certain new and additional Duties ofAsstised
TaxeSi and fir consolidating the same with the firmer Duties of
Assessed TaxeSf for or in respect of the several Matters ana
Things mentioned and set forth in the several Schedules to
the said Acts respectively annexed, or under or by virtue of any
other Act or Acts for altering or reducing any of the said
Duties, or for granting any other Duties to be assessed or charged
under the Rmes or Regulations of the said last-recited Acts
or either of them, or for authorizing Compositions to be made
for any of the said Duties, there shdl be assessed, raised, levied,
and paid, unto and for the Use of Her Majesty, Her Heirs and
Successors, in and throuehout Great Britain, a further additional
Duty of Two Shillings for every Twenty Shillings, and at and
after the like Rate for any greater or less Sum than Twenty
Shillings of the gross Amount of the said former Duties and
Compositions respectively chargeable in any such Assessment,
under or by virtue of any such Act or Acts as aforesaid now
in force, which said additional Duty shall be computed on tlie

8 total

IMO. CusUnnst ^. DMei. O^M: 189

Wal Atnoant of the Sams assesBed or charged for such Duties
or Compositions as aforesaid on each of the several Persons
named in every such Assessment, but no fractional Pkrt of One
Peony of the said additional Duty shall be payable.

IX. And be it enacted, That the Commissioners authorized Commu^oers,
or appointed or who shall be authorized or appointed to put ^^ appointed
in execution the several Acts relating to the said former Duties Son formw*^
of Assessed Taxes or any of them, on the Amount of which riie AcureUtiveto
said additional Duty is hereby imposed, shall be Commissioners ^<> P»tics of
for executing tliis present Act ; and that the several Surveyors, top'uTin «cocu.
Inspectors, Assessors, and Collectors respectively appointed or tion the present
to be appointed to put in execution the said several Acts before Act wiUi rdj-
mentioned, or any of them, shall be Surveyors, Inspectors, tl^nij^Duty
Assessors, and Collectors to put in execution this present thereon.

Act, according to the respective Powers and Authorities
given to them by the said former Acts or any of them;
and the said Commissioners and other the Persons aforesaid,
being duly qualified to act in the Execution of the said several
Acts relating to the said former Duties of Assessed Taxes or
any of them, shall and they are hereby respectively empowered
and required to do all Things necessary tor putting this Act
in execution with relation to the said further additional Duty
hereby imposed in respect of the said Duties of Assessed Taxes,
in the like and in as Full and ample a Manner as they or' any
of them are or is authorized to pnt in execution the said former
Acts relating to the said Duties of Assessed Taxes, or any
Matters or Things therein respectively contained.

X. And be it enacted. That upon every Assessment made The Assmtm
or to be made after the Fifth Day of April One thousand eight *J ^certain the
hundred and forty of the said Duties of Assessed Taxes under additional Duty
or by virtue of the said Acts now in force, or any of them, the of Assessed
Ass^sors appointed or to be appointed to make such Assess* ^**^!^*^'°
ments, and in their Defiiult the respective Surveyors and In- ^ the Commis^
specters appointed or to be appointed in pursuance of the said aionen.
several ActSy or any of them, shall ascertain the Amount of the

said further additional Duty hereby imposed on each of the
several Persons named in every such Assessment, and shall
certify and return the same upon such Assessments to the re-
q)ective Commissioners authorized to put the said Acts in exe-
cution at their respective Meetings to be held for returning
such Assessments in all and every the respective Counties,
Shires, Stewartries, Ridings, Divisions, Cities, Boroughs, Cinque
Ports, Towns, and Places respectively, or at such other Time
or Times aa the said Commissioners shall respectively appoint
in that Behalf; -which said further additional Duty so certified
shall be added to the Amount of the former Assessed Duties,
and shall be collected, raised, levied, and received under the
'Roles, Regulations, and Directions prescribed by the said
fbrmer Acts, subject nevertheless to such proportional Increase
or Abatement in the Amount thereof as shall be necessary in
ease the said former Duties so assessed shall be increased or
' [No. 10. IVttt? 2i] K diminished

140 Cap. 17. CutUms, ^e. DutUss S ViCT/

dimmisbed by any Surcbarge thereupon or Appeal therefinomy
in pursuance of die said former Acts.
Additiona] XI. And be it enacted, That the said additional Duty by

Duties of As- this Act imposed upon the Amount of the several former Duties
bei^!cemii!ed^ ®^ Assessed Taxes as aforesaid shall and may be respectively
ooiiected, &c.' ascertained, managed, collected, paid, recovered, paid over, and
iki like Manner accounted for, under such Penalties, Forfeitures, and Disabili*'
asformerDutiM. ^j^^ ^^ j according to such general Rules, Methods, and Direc-
tions, by which all the said former Duties on the Amount of
which the said additional Duty is by this Act imposed, or
according to such special Rules, Methods, and Directions by
which such of the said former Duties upon the Amount of
which the said additional Duty may be chargeable by virtue
of this Act were or might be ascertained, managed, collected,
paid, recovered, paid over, and accounted for, except as far
as any of the said Rules, Methods, and Directions are expressly
varied by this Act ; and all and every the Powers, Authorities,
Rules Directions, Penalties, Forfeitures, Clauses, Matters, and
Things contained in any Act or Acts relative to the said former
Duties of Assessed Taxes, or any of them, now in force, and
not hereby odierwise provided for, for the computing 8ur->
charging, recovering, paying, and accounting for the said jDuties,
by any former Act or Acts granted, so far as the same are
applicable to the additional Duty by this Act imposed, and not
repugnant to the peculiar Directions of this Act, shall be in
full Force, and be duly observed, practised, and put in execution
for computing, surcharging, recovering, paying, and accounting
ibr the said additional Duty by this Act granted, as fully and
effectually to all Intents and Purposes as if the same or the
like Powers, Authorities, Rules, Directions, Penalties, Forfei*
tures. Clauses, Matters, and Things were particularly repeated
and re-enacted in the Body of this present Act.
Exemption XII. Provided always, and be it enacted. That nothing in

vir"*!?"'^**^ this Act contained shall extend to charge any Person with
opcned^nce ^^^Y ^^ respect of any Windows or Lights which such Pei*son
5th April 1835 shall have made or opened since the Fifth Day of April One
"*&* w thousand eight hundred and thirty-five, and which under the

Provisions of an Act passed in the Fourth and Fifth Years of

the Reign of His late Majesty King WiUiam the Fourth such

Person would be entided to make or open and keep opea free

of Duty.

Duties of XIII. And be it enacted. That upon all Assessments made

wdiwcdNm"" ^' ^^ "^ made for the said Year commencing on tlie Sixth

tain Carriages Day of April One thousaud eight hundred and forty, or

kqittobeiet for any subsequent Year, in lieu of the Dudes of Assessed

Honitt**^**'* Taxes now payable under or by virtue of any Act or Acts in

force for or in respect of every Carriage with Two or* more
Wheels kept for the Purpose of being let for Hire, with One
or more Horses to be used therewith, by any Person duly
licensed to let Post Horses, and whereon the Name or Names
and Place «r J^iifiM of Abode of the Person or Persons so
» " licensed

1840.

CuBiomSi Ifc. Dtetieh

Cap. 17, la

141

licensed shall be marked or painted, according to the Directbns
of the Acts in that Case made and provided, and which shall
he solely used in such Manner that the Duty on Horses let for
Hire shall be payable by Law in respect of the Horse or
Horses used therewith, and shall be duly accounted for by the
DeKvery of a Ticket, according to the Directions of the said
Acts, there shall be assessed, raised, levied, and paid unto and
for the Use of Her Majesty, Her Heirs and Successors, in and
thronghbut Chreai Britaint the reduced annual Duty of Three
Pounds; which said reduced Duty shall be assessed, raised,
levied, collected, and paid in like Manner, and under and sub*
ject to the like Rules, Regulations, and Conditions, as the said
Duties now payable as aforesaid : Provided always, that the
said further additional Duty by this Act granted shall not be
charged upon or in respect of the said reduced Duty.

XIV. And be it enacted. That this Act shall commence and Act to be ia
be in force from the Fourteenth Day of May One thousand i^Ma^jg^o.
eight hundred and forty. . ' '

XV. And be it enacted. That this Act may be amended or •'^ "^ V® ^.
repealed by any Act to be passed in this present Session of ^^^/ "*
Parliament

^/f^^ 9 J

CAP. XVllI.

An Act to discontinue the Excise Survey on Tobacco, ,
and to provide other Regulations in lieu thereof.

ISdJult/ 184*0.]

Yl/'HEREAS by an Act passed in the Ninth Year of the
Reign of His late Majesty King George the Fourth,
intituled An Act to provide for the Execution ihrough4iut the 96.4. r.44.
United Kingdom of the several Laws of Excise relating to
Licences and Survey an Tea, Coffee^ Cocoa, Pepper^ Tobacco,
Snuff, Foreign and Colonial Spirits and Wine, notwithstanding
the Tramfer to the Customs of the Import Duties on any of such
Commodities, all Acts relating to the Revenue of Excise in
force at and immediately before the Year One thousand eight
hundred and twenty-five, with respect to Dealers in and
Sellers of Coflee, Cocoa, Pepper, Tobacco, SnufH Foreign
and Colonial Spirits and Wine, and Manu&cturers of Tobacco
and Snuff respectively, and with respect to the taking and
keeping Account of and Survey of all Stocks of such Com-
modities respectively in the Possession of such Traders respec-
tively, and to the Manufacture of Tobacco and Snuff, and
with respect to the granting of Permits for the Removal of
such' Commodities as aforesaid respectively, were declared
and enacted to have remained and continued, mid were con-
tinued in full Force and Virtue, as Laws relating to the
Revenue of Excise^' save and except so far as any of such
Acts, or any Part or Parts thereof, might have been repealed
or altered by any subsequent Act relating to the Excise
passed for that Purpose, and were to be executed and carried

K 2 ' into

M& Cap.l& ' Tobacdo Begulatkms. 3&4Vicc

into eiFect in all ParticuTarS) save and except as to the
landing and Shipment of the said Commodities respectively^
and the tllollection and Payment of the Duties of Customs on
the said respective Commodities, and the lodging of such
Commodities in Warehouses without Payment of Duty, by
the Commissioners of Excise and their Officers : And whereas
since the passing of the said recited Act the taking and
keeping the Account of and Survey of Stocks of Dealers iu
and Sellers of CoiFee, Cocoa, Pepper, and Wine^ and also the
taking and keeping the Account of and Survey of the' Stocks
of Dealers in and Sellers of Tea, by the Officers of Excise^
have been discontinued; and it is expedient further to dis-
continue the Account and Survey of Stocks of Manufacturers
of, Dealers in, and Retailers of Tobacco and Snuff, and to
provide other Regulations in lieu thereof:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
Acta repealed : the Authority of the same, That an Act passed in the First
"2 0. 1. C.46. Year of the Reign of His Majesty King George the First, inti-
tuled An Act to prevent the Mischiefs by moawfacturing Leaves
or other Tilings to resemble Tobacco^ and ^ Abuses in making and
mixing of Snuff; an Act passed in the Twenty-ninth Year of
the Reign of His late Majesty King George the Third, intituled
29 0. 3. c 68. An Act fir repealing the Duties on Tobacco and Snuffs and for
granting new Duties in lieu thereof; an Act passed in the Thirtieth
Year of the Reign of His said late Majesty King George the
so 0. 9. c 40. Third, intituled An Act to explain and amend an Act made in the

kut Session of Parliamenty intituled ^ An Act for repealing the Duties

' on Tobacco and Snuffy and for granting new Duties in lieu thereof;

so much of an Act passed in the Fifty-ninth Year of the Reign

Part of of His said late Majesty King George the Third, intituled An

59 0. 3. e. 53. Actfir granting to His Mcgestg certain additional Duties of Excise

on Tea, Coffee, Cocoa Nuts, Tobacco and Snuff, Pepper, Malt, and
British Spirits, and consolidating tlte same with this firmer Duties
thereon, and fir amending certain Laws of Excise relating thereto^
as relates to Tobacco and Snuff; an Act passed in the Second
Year of the Reign of His late Majesty King George the Fourth,
1 & 2 G. 4. intituled An Act for better securing the Duties of Excise on
c. 109. Tobacco ; an Act passed in the Parliament of Ireland in the

Thirty-seventh Year of the Reign of His said late Majesty
37 G. 3. (I.) King George the Third, intituled An Act for regulating and

extending the Tobacco Trade, and for securing the Duties payable

upon the Import and Manufacture of Tobacco; an Act also passed

40 G. 3. (I.) in the Parliament of Ireland in the Fortieth Year of the Reign

of His said late Majesty King George the Third, for amending

and continuing the last-recited Act ; an Act passed in the Fifty^

second Year of the Reign of His said late Majesty King George

52 G. 3. c. 58. the ^rhird, intituled An Act to grant to His Majesty certain Duties

of Excise on Tobacco to be Ttnemufojctured in Ireland ; and to allow
certain Drawbacks in respect thereof, in lieu ef former Duties of
Excise aiul Drawbacks; and to provide fir the regulating and

9- securing

184a Tobacco EijfuUaiims; Cap. 18. NG'

mxraiff the Collection rfihe said Duties^ shall be and the same
are hereby repealed, save and except as to any Penalties or
Forfeitures which may have been incurred under the said
recited Acts or any or either of them respectively ; all which
Penalties and Forfeitures shall and may be sued for, recovered,
and enforced in the same Manner as if this Act had not been
passed.

II. And be it enacted, That every Manufacturer of and Manufacturers,
Dealer in and Retailer of Tobacco or SnuflF in the United ^^j^*^^
Kingdom shall make a true Entry of every Workhouse, Store- TobacroOT
house;. Room, Shop, and Place by him made use of, or intended Snuff to enter
to be made use of, for the manufacturing, storing, keeping, and !JJ!^^e **?*
selling of Tobacco or SnuiF, by delivering such Entry to the

OflBcer of Excise in whose Survey his Manufactory or Premises
shall be situated, and in every such Entry every Workhouse,
Storehouse, Room, Shop, and Place shall be distinguished by a
particular Number or Letter, or Number and Letter, or Let-
ters; and every such Workhouse, Storehouse, Room, Shop, and
Place shall also be kept marked and numbered with the like
distinguishing Numbers or Letters, or Number and Letters,
corresponding to the Description thereof in the Entry; and
in default thereof such Manufacturer, Dealer, or Retailer shall,
fi>r every Workhouse, Storehouse, Room, Shop, or Place not
entered, or not marked or numbered, forfeit One hundred
Pounds, together with all Tobacco and SnuiF found therein.

III. And be it enacted, That it shall be lawful f«r any Officer Officers of £z^
of Excise at any Time, but between the Hours of Ten of the ^ "?y ^^
Clock in the Evening and Six of the Clock in the Morning eiomine To-
only, with the Assistance of a Constable or other Peace Officer, bocoo tod Snuff
to enter into any Workhouse, Storehouse, Room, Shop, or Place *^«*«***
made use of by any Manufacturer of, Dealer in, or Retailer of

Tobacco or Snuff^ for the manufacturing, keeping, or selling of
any Tobacco or Snuff, and to inspect and examine all Tobacco
and Snuff therein ; and every Manufacturer of, Dealer in, and
Retailer of Tobacco or Snuff^ who shall, on Demand, refuse to
show to any Officer of Excise any Tobacco or Snuff in his
Custody or Possession, or shall conceal from the Sight or In-
spection of any Officer of Excise any Tobacco or Snuff, shall
forfeit Two hundred Pounds, together with all the Tobacco or
Snuff so concealed.

IV. And be it enacted. That no Manufacturer of Tobacco or Leaf or un.
Snuff shall receive into any Workhouse^ Storehouse, Room, manufactured
Shop, or Place, or into his Custody or Possession, any Leaf or to°be1iwriwl
unmanufactured Tobacco of any Description otherwise than intoaManu-
from the Warehouse in which the same .shall be warehoused facturert Stocky
under the Laws and Regulations of the Revenue of Customs^ wLdbousLond
and in the same Hogsheads, Cask, Chest, or Package, with the accompanied by
same Marks and Numbers thereon, in which the same shall be ■ Sennit.
cleared and delivered from such Warehouse, on Payment of the

Duty (save and except in the Case of Samples duly ticketed
and certified by the proper Officer of Customs), nor without a
true and lawfulPermit granted by the proper Officer of Excise,

K 3 under

144

Cap. 18.

Tlnbacco Begrdaiiant.

S & 4 Vict.

Pemiit to be
deUvered up ua
the next Visit
of the Officer.

No Leaf or un-
nuuiufactured
Tobecoo to be
removed with-
out a Permit.

S & S W. 4.

0. 16.

Tob«M Stalka
not to be re»
roored in any
less Quantity
than Fifty
Founds, nor
without a
.Certificate.

under the Laws and Regulations of Excise relating to Permits,
accompanying such Tobacco; and every Manufacturer of To-
bacco or Snuff who shall receive or have in his Custody or
Possession any Leaf or unmanufactured Tobacco, contrary to
the Directions aforesaid, shall forfeit the same, and Two hun-
dred Pounds for every such Offence.

V, And be it enacted, That every Manufacturer of Tobacco
or Snuff who shall receive into his Custody or Possession any
Leaf or unmanufactured Tobacco shall, on the next Visit of the
Officer of Excise under whose Survey he shall be, produce and
deliver up to such Officer the Permit which shall have accom-
panied such Tobacco, and shall also, if required, show to such
Officer all such Tobacco, or in case of any Part thereof having
been laid down for Manufacture before the Visit of the Officer,
so much thereof as shall remain, on pain of forfeiting for every
Omission or Neglect Two hundred Pounds, and all such Leaf
or unmanufactured Tobacco.

VL And be it enacted. That no Leaf or unmanufactured
Tobacco of any Description, save and except such Samples as
aforesaid, shall be carried or removed from any Part or Place
in the United Kingdom to any other Place or Part thereof^
without a true and lawful Permit granted by the proper Officer
of Excise, under the Rules and Regulations of an Act passed in
the Second Year of the Reign of His late Majesty King fVUUam
the Fourth, intituled An Act to consolidate cmd amend the Law$
regulating the granting and issuing Permits fir the Removal of
Goods under the Laws of Excise^ accompanying the same, under
the Pains, Penalties, and Forfeitures in the said Act contained.

VIL' And be it enacted. That no Tobacco Stalks or Returns
of Tobacco shall be removed from any Place in or Part of the
United Kingdom to any other Place or Part thereof in any
Quantity less than Fifty Pounds Weight, nor unless the Package
containing the same shall have firmly and securely pasted or
glued thereon a Certificate clearly written or printed, and
signed by the Manufacturer by whom the same shall be sent
out, or his Foreman or chief Workman on his Behalf, setting
forth the Name of such licensed Manufacturer, and the entered
Premises from which such Tobacco Stalks or Returns of To-
bacco shall be sent out, the Weight of the same, the Day,
Month, and Year on which the same shall be sent out, and the
Name and entered Premises of the licensed Manufacturer to
whom the same are to be delivered; and every Manufacturer
of Tobacco who shall send out, deliver, or remove, or receive,
any Tobacco or Returns of Tobacco in. any less Quantity than
aforesaid, or not contained in a Package having such Certificate
as aforesaid firmly pasted or glued thereon, or who shall make
out or use any false Certificate^ shall forfeit One hundred
Pounds ; and all Tobacco Stalks or Returns of Tobacco which
shall be sent out, delivered, or received, or be found removing,
in any less Quantity than as aforesaid, or without such Certifi*
cate as aforesaid, shall be forfeited, and the Person removing or
who shall have removed the same shall forfeit Fifty Pounds.

VIII. And

1840* Tobacco R^fukaions. Cap. 18. l^J^

VIIL And be it enacted, That a Book, prepared with proper A B<iok to be
and distinct Columns for the Purpose, shall be delivered by tlie ?J^''*2l***
proper Officer of Excise to every Manufacturer of Tobacco or who rfiaii Vnter
Snuff; and every such Manufacturer shall, on the same Day on therein all To-
which he shall receive any Leaf or unmanufactured Tobacco, ^'^J^^*****
or any Stalks or Returns of Tobacco, write and enter in such ofthePenon
Book as aforesaid, in the proper Column prepared for such from whom
Purpose, the Day when and the Number of Pounds Weight of "^^^^^^ *<>•
Leaf or unmanufactured Tobacco^ Stalks, or Returns of Tobacco
which he shall have so received, and the Christian and Surname
of the Person from whom and the Place from which he shall
have received the same; and every such Manufacturer shall Such Book to
keep such Book, with all Entries made therein, in some public J^;^?!***
and open Part of his entered Premises, for the Inspection of the "^'^^^
Officers of Excise, and shall deliver up every such Book as
aforesaid to any Officer of Excise demanding the same, and
permit him to make any Minute therein or any Extract there-
from, which such Officer shall think fit; and every Manu&c- Penalty fior
turer of Tobacco who shall receive any Leaf or unmanufactured o^*"'** ^^ot
Tobacco, Stalks, or Returns of Tobacco into his Custody or
Possession, and shall not make Entry of the Particulars thereof
as aforesaid witliin the Time hereio-before required, or who
shall not keep such Book as aforesaid, or shall not deliver up
the same to any Officer of Excise, on Demand, or shall obstruct
or hinder any Officer of Excise in making any Minute therein
or Extract therefrom, or shall convey away or conceal the same,
or destroy or tear out any Leaf therefrom, or make any false
Entry therein, or fraudulently alter any Entry therein, shall
forfeit Two hundred Pounds, together with all the Leaf or
uumanufactured Tobacco, Stalks, or Returns of Tobacco of
which due Entry shall not have been made in such Book.

IX« < And whereas the Duty imposed on Licences taken The Licence

* out by Manufacturers of Tobacco or Snuff' is rated accord- Dutyon the

* ing to the Quantity of Tobacco and Snuff Work weighed out ^ Tobt^Tr
^ for Manufacture, and after the Commencement of this Act Souflrtobe

* such Quantities will not be weighed, nor any Account thereof ]J^^ on the

* kept by die Officers of Excise;' be it therefore enacted. That ^^J^'for
every Manufacturer of Tobacco or Snuff' shall, for every Manufacture.
Licence to be taken out by him under the Provisions of an

Act passed in the Sixth Year of the Reign of His said late

Majesty King George the Fourth, intituled An Act to repeal 6G.4. c.si.

9evmd Duties payable on Excise Licences in Great Britain and

Ireland, and to impose other Duties in lieu thereof ; arid to amend

the Laws for grasdxng Excise Licences^ pay such Amount of Duty

as shall, according to the Rates by the said Act iiTiposed,^

appear to be payable in respect of the Quantity of Leaf or

unmanufactured Tobacco^ Stalks, and Returns of Tobacco

shown by the Permits and by the Entries in the said Book to

have been brought in or received by him in the Year previous

to taking out such Licence.

X. And be it enacted, That every Manufacturer of Tobacco Manufacturer
or Snuff shall, at the Time of applying for his Licence in g^^J^*'^^""^

K 4 each " * *■ * P-

14<( Cap. 18. Tobacco Beffuhtiom. 3 8i 4 Vict.

piiduioii for each Year, produce to the Collector or other Officer df Excise
Licen^.topro- authorized to grant Licences, the said Book herein*before ^
anrm^e De-' required to be kept, with the Quantities of Leaf Tobaccoi,
duration of the Stalks, and Returns of Tobacco received, as entered in the
?'"*^ ^^^^' respective Columns, duly cast up and brought to Totals ;
ntncst rem. ^^^ ^^^ Manufacturer shall, before being granted any new-
Licence, nuike before the said Collector or other Officer, who
is hereby authorized to receive tlie same, a Declaration in
Writing under the Provisions of an Act passed in the Fifth
and Sixth Years of the Reign of His late Majesty King WUHam^
5&6W.4.C.63. the Fourth, intituled An Act to repeal an Act of Su preunt^

Session of Parliamentf intituled < An Act for the more effedtwd

^ Abolition of Oaths and Affirmations taken and made in varums

< Departments of the Staie^ and to substitute Declarations in Ueu-

^ thereof and for the more entire Suppression of voluntary and

* extrajudicial Oaths and Affidaoits ; ' and to make other Prom^

sions for the Abolition of mmeeesaary Oaths^ setting forth and

declaring that the said Book does contain a full, true, par-*

ticular, and just Account of all Leaf or unmanufactured

Tobacco, Stalks, and Returns of Tobacco of every Description

received by him in the Year preceding the Fifth Day of Jufy

then last past ; and if such Declaration shall be false or untrue

in any Particular the Manufacturer making the same shall be

subject to the Pains and Punishment prescribed by the said

recited Act of the Fifth and Sixth Years of His late Majesty's

Reign, for making a false and untrue Declaration.

Na Person to XL And be it enacted. That no Person whatsoever shall

manuriic"ure°' ^^^ colour. Stain, or manufacture any Leaves of Trees, Herb^

jLeavesof Trees, or Plant whatsoever (not being Tobacco Leaves or Plants)

&c. to imitate into the Form of or to imitate or resemble Tobacco, unma-*

Tobacco. nufactured or manufactured, or shall mix with or add to any

^^rf^yt^ y Tobacco any Leaves of Trees, Herb, or Plant not being

J ^6 / L^ ys^yy Tobacco Leaves or Plants, or shall sell, vend, utter, or expose

for Sale, or have in his Custody or Possession, any Leaves of

Trees, Herb, or Plant cut, coloured, stained, or manufactured,

or to be cut, coloured, stained, or manufactured into the Form

or in imitation of or to resemble Tobacco, on pain of for^

feiting One hundred Pounds, with all such Leaves, Herbs,

or Plants, which may be seized by any Officer of Excise or

Customs.

No Person to XIL And be it enacted, That no Pei'son or Persons what-

hawk about soever shall hawk or sell, or offer for Sale, any Tobacco or

Smiff for°Saie. Snuff of any Description, in or about the Streets or High-

ic^e^^^ ^ ^^^ ^^ Other Places, or in any other Manner or Place what-

f9i ^4j4//^ soever, except in the entered Premises of a licensed Manufac-n

renalty. turer or Dealer in or Retailer of Tobacco or Snuft^ on pain oi

forfeiting all such Tobacco or Snuff, and One hundred Pounds ^
Ofiieert may and it shall be lawful for any Officer of Excise or Customs to
arrest Ofl&ndenv arrest and detain any Person who shall hawk or sell, or offer
ihcm Mbre a ^^^' ^^^ ^"^ manner aforesaid, any Tobacco or Snuff, and to
Justice of the couvey such Persou before One or more of Her Majesty's
^"f*' ''^®. . Justices of the Peace residing^ near, to the Place where such

Person

184(1 Tobaedo JUjpJaiUmM. C^18. 147

Person BbaU be arrested and detained; and tfa^ Justice o^ hear the Caw
Justices before wbom such Person shall be conveyed shall have JJ^^^ha'
full Authority and he and they is and are hereby required Penalty,
fonhwith to hear and determine what shall be then and there
allegecf against such Person, and on Confession of the Party*
or by Proof on Oath of One or liiore credible Witness or •
Witnesses made of such Offence, to convict any Person so
offending as aforesaid, and the Person so convicted shall im*
mediately on «uch Conviction pay the said Sum of One hun-
dred Pounds, or some mitigated Amount, not being less than
One Fourth Part thereof; and if any Person so convicted shall
not forthwith pay down the said Penalty or Amount the said
Justice or Justices shall and he and they is and are hereby
authorized and required, by Warrant under his or their Hand,
to commit the Person so convicted to any Gapl or Prison
of the County, there to be kept to hard Labour for Three
Calendar Months : Provided always, that nothing herein-before Frovuo for
contained shall extend to make liable to the said Penalty any ^jj^ ^^
Servant or Person duly employed by any licensed Manufac-
turer of or Dealer in Tobacco or Snuff to travel for Orders,'
and producing Samples, in the due and ordinary Course of
Business.

XIII. And be it enacted, That no Drawback shall be allowed No Drawback
on any Gut, Roll, or Carrot Tobacco containing any Tobacco "* c!^lj^^
Stalks, or which has not been wholly made from Tobacco Lieaf Tobacco con-
having the Tobacco Stalk stripped and separated therefrom, taimog StaUu.
or from such Leaf so stripped, and Returns of Tobacco Leaf

so stripped, and without the Stalks thereof; and every Manu* Penalty on
factnrer of Tobacco who shall manufacture or have in his nMn«^^Jng
Custody or Possession any such Cut, Roll, or Carrot Tobacco portation.
for Exportation shall forfeit Two hundred Pounds; and all
such Tobacco shall be forfeited, and may be seized by any
Officer of Customs or Excise.

XIV. And be it enacted, Tliat no Drawback shall be allowed No Drawback
on any Tobacco which shall not have been wholly manufactured ^^*'^**^,^
from Tobacco on which the full Duty on Importation shall have hawJi
been paid, nor on any Tobacco which shall be mixed with any

Dirt or Rubbish, or which shall be made or manufactured with,
or to which shall be added any other Ingredients, Matter,
or Thing not necessary of usual in the manufacturing of
Tobacco.-

XV. And be it enacted. That every Person who shall enter Penalty on
or ship, or cause to be entered or shipped, or produce or cause fi»«i»i«dy
to be produced to any Officer of Customs to be shipped for obtain iXmw^
Exportation, any Tobacco not entitled to Drawback under this baok.

or any other Act relating to Tobacco, or any other Goods,
Matter, or Thiitg as Tobacco^ the same not being Tobacco, or
shall fhmdulently remove^ deposit, or conceal any Tobacco or
other. Goods, Matter,* or Thing, with. Intent unduly to obtain
any Drawback on Tobacco^ or aiiy greater Drawback than he
would otherwise be entitled tcs shall, over and above all other
IVnalties; which he may thereby incur, forfeit Treble the

Amount

148

ComineDcenienc
of Act.

Act may be
altered this

Cap. 16^ 19.

Seyuiaiii

8 & 4 Vict.

Amount of the Drawbeick sought to be obtained, or Two hun-
dred Pounds, at the Election of the Commissioners of Customs ;
and all such Tobacco or otherGoods, Matters, or Things shall
be forfeited, and may be seized by any Officer of Customs or
Excise.

XVI. And be it enacted, That this Act shall commence and
take effect on the Fifth Day of July One thousand eight hun-
dred and forty.

XVIL And be it enacted, That this Act may be amended
or repealed by any Act to be passed in this present Session of
Parliament.

CAP. XIX.

An Act for granting to Her Majesty an additional^Duty
of Customs on Timber. [3d July 1840.3

< Most Gracious Sovereign,

< Tl^E, Your Majesty's most dutiful and loyal Subjects, the

* ^ ^ Commons of the United Kingdom of Great Briiain and

< Ireland in Parliament assembled, towards raising the neces-
^ sary Supplies to defray Your Majesty's public f^pences and
' making an Addition to the public Kevenue, have freely and

< voluntarily resolved to give and grant unto Your Majesty

* the several Rates and Duties herein-after respectively men-

* tioned ;' and do therefore most humbly beseech Your Majesty
that it may be enacted; and be it enacted by the Queen's
most Excellent Miyesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the

After 25th June Same, That from and after the Twenty-fifth Day of June One
the additional thousand eight hundred and forty the additional Duty or
Omiu on^tbe' Charge of Five Pounds per Centum upon the Produce and
Amount of Amount of all the Duties of Customs on Timber, Wood, and
Duties on Tim- Wood Goods, imposed on all Descriptions of Timber, Wood,
sViSt^.^^ and Wood Goods by an Act of the present Session of Parlia-
to cease, and' ment, shall cease and determine, and that in lieu thereof there

shall be charged, raised, levied, collected, and paid an additional
Duty of Customs, not exceeding the following Amounts, on the
Timber, Wood, and Wood Goods herein-after specified ; (that
is to say,)

On all Timber, Wood, or Wood Goods, which under any Law
now in force are made chargeable with their respective
Duties by the Load containing 50 Cubic Feet the Load

Battens imported into Great Britain ; viz. —

■ 6 Feet in Length and not exceeding 16 Feet in

Length, not above 7 Inches in Width, and not above
2f Inches in Thickness - - - the 120

■' exceeding 16 Feet in Length and not exceeding 21

Fe^t in Length, not above 7 Inches in Width, and
not exceeding 2^ Inches in Thickness • the 120

the Amounts
following to be
lened.

£ i. d.

0 1 6

0 7 6

0 9 0

1840^

TimUr Dutus.

Cap. 19.

Bittens imported into Great Britain — coniifmed,

exceeding 21 Feet in Length and not exceeding 45

Feet in Length, not above 7 Inches in Width, and
not exceeding 2| Inches in Thickness - the 120

exceeding 45 Feet in Length, or above 2i Inches in

Thickness (not being Timber 8 Inches Square), the
Load containing 50 Cubic Feet . . -

Battens of the Growth and Produce of any British Possession
in America, and imported directly from thence into
Great Britain ; viz. —

6 Feet in Length and not exceeding 16 Feet in

Length, not above 7 Inches in Width, and not ex-
ceeding 2| Inches in Thickness - - the 120
■ exceeding 16 Feet in Length and not exceeding 21
Feet in Length, i and not above 7 Inches in Width,
and not exceeding 2f Inches in Thickness the 120

' exceeding 21 Feet in Length, not above 7 Inches in

Width, or if exceeding 2| Inches in Thickness

the 120

Battens imported into Ireland ; viz. —

■ 8 Feet in Length and not exceeding 12 Feet in

Length, not above 7 Inches in Width, and not ex*
ceeding 3^ Inches in Thickness - the 120

exceeding 12 Feet in Length and not exceeding 14

Feet in Length, not above 7 Inches in Width, and
not exceeding 3^ Inches in Thickness - the 120

exceeding 14 Feet in Length and not exceeding 16

Feet in Length, not above 7 Inches in Width, and
not exceeding S{ Inches in Thickness - the 120

■ exceeding 16 Feet in Length and not exceeding 18

Feet in Length, not above 7 Inches in Width, and
not exceeding 3^ Inches in Thickness - the 120

exceeding 18 Feet in Length and not exceeding 20

Feet in Length, not above 7 Inches in Width, and
not exceeding 3^ Inches in Thickness - the 120

" exceeding 20 Feet in Length and not exceeding 45

Feet in Length, and not above 7 Inches in Width,
and not exceeding 3^ Inches in Thickness - the 120

' exceeding 45 Feet in Length, or above 3^ Inches in

Thickness (not heing Timber 8 Inches Square), the
Load containing 50 Cubic Feet - . -

of all Sorts, exceeding 8 Feet in Length, of the Growth

and Produce of any British Possession in America,
and imported directly from thence into Ireland

the 120
Batten Ends imported into Great Britain ; viz. —

under 6 Feet in Length, not above 7 Inches in

Width, and not exceeding 2} Inches in Thick-
ness - - - - - the 120
- — ' under 6 Feet in Length, not above 7 Inches in

Width, and exceeding 2| Inches in Thickness

the 120

149

1 1 0

0 1 6

0 7 6

0 9 0

0 12 0

0 6 0

0 7 6

0 9 0

0 9 0

0 10 6

15 6

0 1 6

0 6 0

0 16

0 3 0

150 Cap.)9. Timber

Batten Ends of the Growth and Produce of any British Pos-
session in America, and imported directly from
thence into Great Britain ; viz.-*

— under 6 Feet in Length, not above 7 Inches in

Width, and not exceeding 2J Inches in Thick-
ness - - - - the 120

■ under 6 Feet in length, not above 7 Inches in

Width, and exceeding 2} Inches in Thickness

the 120

Batten Ends imported into Ireland ; viz. —

under 8 Feet in Length, not above 7 Inches in

Width, and not exceeding 3^ Inches in Thick-
ness - - - - - the 120

under 8 Feet in Length, if exceeding 3\ Inches

in Thickness - - _ the 120

'— of all Sorts under 8 Feet in Length, of the

Growth and Produce of any British Possession
in America, and imported directly from thence
into Ireland - - - - the 120

Deals imported into Great Britain ; viz. —

above 7 Inches in Width, being 6 Feet in Length and
not above 16 Feet in Length, and not exceeding
3^ Inches in Tliickness - - -< the 120

above 7 Inches in Width, above 16 Feet in Length and
not above 21 Feet in Length, and not exceeding
3i Inches in Thickness - - - the 120

above 7 Inches in Width, above 21 Feet in Length and
not above 45 Feet in Length, and not above 3{ Inches
in Thickness - . - - the 120

above 45 Feet in Length, or above 34 Inches in Thick*
ness (not being Timber 8 Inches Square or upwards),
the Load containing 50 Cubic Feet ...

Deals of the Growth and Produce of any British Possession in
America, and imported directly from thence into Great
Britain; viz. —

«

■ above 7 Inches in Width, being 6 Feet in Length and

not exceeding 16 Feet in Length, and not exceeding
3i Inches in Thickness - - - the 120

above 7 Inches in Width, above 16 Feet in Length and
not above 21 Feet in Length, and not exceeding
3^ Inches in Thickness - « » tlie 120

above 7 Inches in Width, being 6 Feet in Length and
not above 21 Feet in Length, and exceeding 3| Inches
in Thickness .... the 120

above 7 Inches in Width, exceeding 21 Feet in Length,
and not exceeding 4 Inches in Thickness - the 120

above 7 Inches in Width, exceeding 21 Feet in Length,
and exceeding 4 Inches in Thickness (not being
Timber 8 Inches Square or upwards) - the 120

3 & 4 Vici*
^ s. d.

0 16

0 3 0

0

4 6
6 0

0 4 6

0 10 6

0 15 0

1 11 6

0 16

0 10 6

0 15 0

0 16 6

1 1 0

1 7 0

1840. Timber Dutim. Cap. 19.

Deals imported into Ireland ; viz.

above 7 Inches in Width and not exceeding 12 Inches
in Width, and not exceeding 3^ Inches in Thickness ;
viz, —
8 Feet in Length and not exceeding 12 Feet in length,

die 120

exceeding 12 Feet in Length and not exceeding 14 Feet

in Length - - - - the 120

Gcceeding 14 Feet in Length and not exceeding 16 Feet

in Length - - - - the 120

exceeding 16 Feet in Length and not exceeding 18 Feet

in Length - - - • the 120

exceeding 18 Feet in Length and not exceeding 20 Feet

in Length - «> - - the 120

above 7 Inches in Width and not exceeding 12 Inches in

Width, and exceeding 3^ Inches in Thickness ; viz.—

8 Feet in Length and not exceeding 20 Feet in Length,

the 120
above 7 Inches in Width and not exceeding 12 Inches
in Width, and not exceeding 4 Inches in Thickness,
and exceeding 20 Feet in Length - the 120

above 7 Inches in Width and not exceeding 12 Indies
in Width, and exceeding 4 Inches in Thickness, and
exceeding 20 Feet in Length - - the 120

of all Sorts, exceeding 8 Feet in Length, of the Growth
and Produce of any British Possessions in America,
and imported direcUj from thence into Ireland,

the 120
Deal Ends imported into Great Britain ; viz. —

• above 7 Inches in Width, being under 6 Feet in

Length, and not exceeding 3^ Inches in Thick-
ness - - . - the 120

above 7 Inches in Width, .being under 8 Feet in

Length, and exceeding 3^ Inches in Thickness

the 120
Deal Ends of the Growth and Produce of any British Posses-
sion in America, and imported directly from thence
into Great Britain ; viz.-*

^^ above 7 Inches in Width, being under 6 Feet in

Length, and not exceeding 3^ Inches in Thick-
ness . • . - . the 120
■■'■ ■ ■■'■'" aboive 7 Inches in Widths being under 6 Feet long,

and exceeding 3^ Inches in Thickness the 120
Deal Ends imported into Ireland; viz*-^

- above 7 Inches in Width and not exceeding 12

Inches Width, and under 8 Feet in I^ength;^
via. —
■ not exceeding Q{ Inches in Thickness - the 120-

exceeding 3^ Inches in Thickness - the 120*
of all Sorts under 8 Feet in Length, of the Growth
and Produoe of any British Possession in Ame-
rica^ and iipporCed directly from thence ioio, Ir^-
land - - - - -the 120.

MNrftai^.*

£ 9. d.

0

0

0

0

0

0
0

10

6

13

6

15

0

16

6

19

e

1 2 6

1 4 0

2 8 0

0 10 6

0 3 0

0 4 6

3 0

4 6

7 6
9 0

0 7 6

i53

Diltiesiobe

under the Ma-
nagement of the
Commissionen
of CuBtoms, &c.

Cap. 19, QO.

Timder Duties.

3 & 4 Vict.

Ffxmdxng for
Contracts made
before the
Imposition of
additional
Duties.

Conimenoemciit
of Act.

Act may be
amended, &c.

11. And be it enacted, That the Duties by this Act imposed
shall be under the Management of the Commissioners of' Her
Majest/s Customs, and shall be ascertained, raised, levied,
collected, and paid, and recovered and applied or appropriated,
under the Provisions of an Act passed in the Third and Fourth
Years of the Reign of His late Majesty King William the
Fourth, intituled An Act for the genercd Regulation of the
Customs,

ni. * And whereas Contracts may have been made before

* the Fifth Day of June One thousand eight hundred and forty,
< for Goods on which the additional Duties of Customs hereby

* imposed will attach to be delivered on or after that Day ;' be
it therefore enacted, That all and every Person and Persons
who shall or may, on or before the said Fifth Day of June
One thousand eight hundred and forty, have made or entered
into any such Contracts or Agreements, shall and they are
hereby respectively authorized and empowered, in the Case
of any such Contracts or Agreements, to add so much Money
as will be equivalent to the said additional Duties respectively
to the Price of such Goods, and shall be entitled by virtue of
this Act to be paid for the same accordingly.

IV. And be it enacted. That this Act shall commence and be
in force from and after the Twenty-fifth Day of June One thou-
sand eight hundred and fort\'.

V. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

Letters Patent,
3d Not.,
3 Anne, inoor*
porating the
Governon of
the Bounty of
Queen Anne.

CAP. XX.

An Act to amend an Act passed in the First Year of
the Reign of His late Majesty King Oeorge the
First, intituled An Act for rendering more effectiuil
Her late Majestjfs gracious Intentions for the Aug-
mentation of the Maintenance of the Poor Clergy ;
and to render valid certain Agreements \f^hich have
been made in pursuance of the said Act ; and for
other Purposes. [SA July 1840.3

YI/'HEREAS by Letters Patent of Her Majesty Queen
^ ^ Afme^ under the Great Seal of Englanii bearing JD^te
the Third Day of November in the Third Year of Her Keign,
incorporating <^ The Governors of the Bounty of Queen Anne
for the Augmentation of the Maintenance of the Poor
Clergy," the said Governors were authorized to consider,
consult, advise, agree upon, draw up, prepare, and propose
in Writing to Her said Majesty, Her Heirs and Successors,
such proper and necessary Rules, Methods, Directions, Orders^
and Constitutions as the said Governors, or any Seven or
more of theni, with such Quorum as is therein directed, should
in their Discretion judge most convenient to be observed for

6 * and

1640. Poor Ckrffjf MaiiUinanee Act Amendment, Cap^SO* 15S

and towards the better Rule and Government of the said
Corporation and the Members thereof and the receiviugy
accounting for, and managing all and every the Revenues
thereby granted, and all Arrears thereof, and also for and
concerning the distributing, paying, and disposing of the same^
and all other Gifts and Benevolences that should or might be
given or bequeathed to tlie said Corporation for tUe charitable
Ends in the said Letters Patent mentioned for the Auffmen-
tation of the Maintenance of the Poor Clergy aforesaid, and
that such Rules, Methods, Orders, Directions, and Consti-
tutions as should be so proposed, and should be approved,
altered, or amended by Her said Majesty, Her Heirs or Suc-
cessors, and such as should be made by Her said Majesty,
Her Heirs or Successors, and so signified and declared by
Her, Her Heirs or Successors, under Her or Their Great
Seal, Her said Majesty thereby willed should be tlie Rules,
Methods, Directions, Orders, and Constitutions by which the
Opvemors of the Bounty of Queen Anne for the Augmen«
tation of the Maintenance of the Poor Clergy, and their Suc-
cessors, should receive, manage, govern, apply, and dispose
Her said Majesty's Royal Bounty, and other Gifts and Bene-
volences which should or might after that Time be given
or bequeathed to the said Corporation (where the Donors
thereof should not particularly direct the Application thereof),*
to and for the Increase of the Maintenance of such Parsons,
Vicars, Curates, and Ministers oiGciating in any Church or
Chapel within the Kingdom of England^ Dominion of Waksi
or 1 own of Berwick»uponrl\oeedj where the Liturgy and Rites
of the Church of Englcmdy as then by Law established, were
and should be used and observed, for whom a Maintenance
was not then sufficiently provided : And whereas, pursuant to
the said Letters Patent of Incorporation, the said Governors
did agree upon, prepare, and propose to Her said Majesty
certain Rules and Constitutions, for the better Rule and
Government of the said Corporation, the Fourth of which
said Rules and Constitutions was to the Effect following;
(that is to say,) that in order to encourage Benefactions from Rules prepared
others, and thereby the sooner to complete the Good that was nj^'^jj^j^^l^
intended by Her said Majesty's Bounty, the Governors might to thewiWl
give the Sum of Two hundred Pounds (which was the stated Lecten Potent.
Sum to be allowed to each Cure) to Cures not exceeding
Thir^-five Pounds per Annum, where any Persons would give
the same or greater Sum or Value in Lauds or Tithes; and
Her said Majesty, by Letters Patent under Her Great Seal,
bearing Date the Fifth Day of March in the Twelfth Year of
Her Reign, did establish the said Rules and Constitutions,
reserving to Herself Her Heirs and Successors^ Power from
Time to Time, under Her or Their Great Seal, to alter the
same, and to five and make in like Manner such other Rules
and Constitutions, according to the true Intent of the said
Letters Patent of Incorporation, as to Her said Majesty, Hejr
Heirs ^r Successors, should seem meet: And whereas by an

« Act

154

IG/I. e.ia

Cap. 20. Poor Clergy Maintmance Act AmembneTU. 3 & 4 VtCT.

Act passed in die First Year oF tlie Reign of His Majesty
King George the First, intituled An Act Jbr making mare
effectual Her late Mcgeshft gracious Intentions Jbr axtgmenJting the
Maintenance of the Poor Clergy^ after recitinf^ (amongst other
things) the said several Letters Patent of Her said Majesty,
it was enacted and declared, that all such Rules, Methods,
Orders, Directions, and Constitutions as should from Time to
Time be by the said Governors agreed upon, prepared, and
proposed to His said Majesty, His Heirs and Successors,
according to the true Intention of the said Letters Patent of
Incorporation, and by His said Majesty, His Heirs and Suc-
cessors, approved under His or Their Sign Manual, ^ould
be as good, valid, and effectual Rules, Methods, Directions,
Orders, and Constitutions for the Purposes aforesaid as if the
same were made and established under the Great Seal of His
said Majesty, His Heirs or Successors ; and by the same Act,
after reciting the said Fourth Rule or Constitution established
by the said Letters Patent of the Fifth Day of March in the
Twelfth Year of Her said Majesty's Reign, and that the
Right of Presentation or Nomination to small Livings was of
inconsiderable Value, and yet it might be a great Inducement
to such Benefactions as aforesaid if the Benefactor might have
some Right of Presentation or Nomination to the Cure which
himself contributed to augment, it was therefore further
enacted, that all Agreements with such Benefactor and Bene-
factors, with the Consent and Approbation of the said Go-
vernors, touching the Patronage or Right of Presentation or
Nomination to any such augmented Cure made or to be
made for the Benefit of such Benefactor and Bene&ctors, his,
her, or their Heirs or Successors, by the King's most Excel-
lent Maiesty, His Heirs and Successors, under His and Tiieir
Sign Manual, or by any Bodies Politic or Corporate, or by
any Person or Persons being of the full Age of Twenty-one
Years, having an fistate of Inheritance either in Fee Simple
or Fee Tail in their own Right, or in the Right of their
Churches or Wives^ or jointly with their Wives, made before
Coverture or after, or having an Estate for Life or for Years
determinable upon his and their own Life and Lives, with
Remainder in Fee Simple or Fee Tail to any Issue of his or
their own Bodies, in such Patronage or Right of Presentation
or Nomination, in Possession, Reversion, or Remainder, should
be respectively good and effectual in the Law against His
Majesty, His Heirs and Successors, or against mil and every
such Bodies Politic and Corporate, or against the Person so
agreeing, their Wives, Heirs, and Successors respectively, and
every (^ them, and against all and every their Issue, and
against every other Peraon and Persons claiming in Remainder
and Reversion after such Estate Tail as aforesaid, according
to the Form of such Agreement, and the Advowson, Patron-
age, and Right of Presentation and Nomination to such axig-*
mented Churches and Chapels should be vested in such Bene-»
factors, their Heirs and Successors, as against His Majesty,

* His

1840. Poor Clergy Maintenance Act AmendmetU. Cap. 20. 155

His Heirs and Successors, or the said Bodies Politic and
Corporate and their Successors, or the said respective Persons
as aforesaid, as fully, and in like Manner and Form, as if the
same had been granted by His said Majesty, His Heirs or
Successors, under His and Their Great Seal, and as if such
Bodies Politic or Corporate had been free from any Restraint,
and as if such other Persons so agreeing had been sole seised
in his and their own Right of such Advowson, Patronage,
Right of Presentation, and Nomination in Fee Simple, and
had granted the same to such Benefactors, their Heirs and
Successors respectively, according to such Agreements ; and it
was thereby further enacted, that the Agreements of Guar-
dians for and on behalf of Infants or Idiots under their Guar-
dianship should be as good and eiFectual, to all Intents and
Purposes, as if the said Infants or Idiots had been of full Age
and of sound Mind, and had themselves entered into such
Agreements; provided always, that in case of any such Agree-
ment as aforesaid by any Parson or Vicar, the same should
be with the Consent and Approbation of his Patron and
Ordinary; provided also, that in case of any such Agreement
as aforesaid made by any Person seised in right of his Wife,
the Wife should be a Party to the Agreement, and should
seal and execute the same: And whereas under the Provisions Rules have been
of the herein-before recited Letters Patent and Act of Par- ■***'*^"^
liament, or some or one of them, divers Rules, Orders, and
Constitutions have been from Time to Time made, whereby
the Power of the said Governors to augment Cures to the
Augmentation of which any Benefactor or Benefactors should
also contribute as aforesaid has from Time to Time been en-
larged and extended, both with respect to the Amount of the
yearly Value of the Cures which the said Governors were
empowered to augment, and with respect to the Amount which
the said Governors were empowered to appropriate out of the
Funds at their Disposal towards such Augmentation, and such
Power 60 enlarged and extended has in many Cases been
exercised by the said Governors, and in some of such Cases
Agreements have been made with the Benefactor or Bene-
&ctor8 contributing to such Augmentations touching the
Patronage or Right of Presentation or Nomination to such
augmented Cures, according to the Provision of the said
recited Act: And whereas Doubts have arisen whether Ap-
propriations made by the said Governors for the Augmen-
tation of any Cure were strictly authorized by the Rules,
Orders, and Constitutions for the Time being in force, in
those Cases in which the Amount so appropriated to any
Cure by the said Governors has exceeded in any One Year
the Sum of Two hundred Pounds; and Doubts have also
arisen whether the Agreements made with such Benefactor or
Benefactors as aforesaid are strictly valid and effectual in
those Cases in which the yearly Value of the augmented Cure
has previously to such Augmentation exceeded the Sum of
Tliirty-five Pounds, or the Amount so appropriated by the
[Nail. Price 2(i] L. * said

156 Cap. 20. Poor Clergy Maintenance Act Amendment. 3 & 4 Vict.

said Governors as aforesaid lias exceeded in any One Year
the Sum of Two hundred Pounds : And whereas it is expe-
dient to remove and obviate all such Doubts as aforesaid,
both with respect to Appropriations made by the said Go-
vernors, and with respect to Agreements made and to be
made with any such Benefactor or Benefactors as aforesaid :'
Be it therefore enacted by the Queen's most Excellent Ma*
jesty, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament as*
Certain Appro- sembled, and by the Authority of the same, That all Appro*'
prUtions made priatious heretofore made by the said Governors of any Sum or
nona>n&x^ Sums of Money out of the Monies at their Disposal to the

Augmentation of any Cure shall be good, valid, and effectuaU
to all Intents and Purposes whatsoever, in all Cases in which
any Benefactor or Benefactors has or have, in order to obtain
any such Appropriation for the Augmaitation of the same
Cure, contributed not less than the Amount of Benefaction
which was at the Time of any such Augmentation required in
that Behalf by the Rules, Orders, and Constitutions then ixt
force, notwithstanding that the Sum or Sums so appropriated
by the said Governors to the Augmentation of such Cure shalt^
have exceeded in any One Year the Sum of Two hundred
Pounds.
Certain Agree- H. And be It further enacted, That all Agreements already^
mente made by ^^^de and hereafter to be made, with such Consent and Appro-
confirmed, and bation of the Patron and Ordinary as required by the said
Provisions of recited Act, and with the Consent and Approbation of the said
"te^ded^* Governors, with any Benefactor or Benefactors contributing'

to the Augmentation of any Cure, touching the Patronage or
Right of Presentation or Nomination to such augmented Cure,
for the Benefit of such Benefactor or Benefactors, his, her, or
• their Heirs or Successors, according to the Provisions of the
said recited Act, and all Grants and Assurances made and to
be made for carrying such Agreements into effect, shall be
good, valid, and effectual in the Law, to all Intents and Pur-
poses whatsoever, in all Cases in which the yearly Value of the*
augmented Cure shall have been or shall be within the Limits
prescribed for the same by the Rules, Orders, and Constitu-
tions which shall have been or shall be in force at the Time of
making such Agreements respectively as aforesaid, notwith-
standing that such yearly Value shall have exceeded or shall
exceed the Sum of Thirty-five Pounds, or that the Amount
appropriated by the said Governors out of the Monies at their
Disposal to the Augmentation of such Cure shall have exceeded
or shall exceed in any One Year the Sum of Two hundred-
Pounds, or that such yearly Value and also the Amount so
appropriated shall both have exceeded or shall both exceed
Amount of the same several Sums respectively: Provided nevertheless, that
Appropriations so far as relates to such Agreements as aforesaid the Amount
made^shau'b^ ^^ ^^ Appropriations hereafter to be made by the said Gover-*
within the Limit nors to the Augmentation of any Cure shall be within the Limits
prescribed by prescribed for the same by the Rules, Orders, and Constitutions*

8 which

1640. Poor Clergy MaiiOenanee Act Amendment. Cap. 20. 1 57

^ieb sliall be in fcrce at the Time of making such Agreements Rui« in fowe
lenectnrdy a» aforesaid. ** **** ^"^

ill. * And whereas it is expedient to extend the Provisions Proviiioiis of

* of the said recited Act, with respect to such Agreements as ^^J^je^to^this

* aforesaid, to Cases in which no Appropriation snail be made Act in Cases

* by the said Governors out of the Funds at their Disposal to where no Ap-

* the Augmentation of the Cures to which such Agreements J^'^^'^^
^ shall respectively, relate;' be it therefore further enacted, That by the Govern
all Agreements hereafter to be made, with such Consent and non.
Approbation of the Patron and Ordinary, as required by the

nid recited Act, and with the Consent and Approbation of the
said Governors, with any Benefactor or Benefactors contri-
buting to or providing for the Augmentation of any Cure,
touching the Patronage or Right of Presentation or Nomination
to such Core, for the Benefit of such Bene&ctor or Benefactors,
his, her, or their Heirs or Successors, according to the Provi-
sions of the said recited Act, and all Ghrants and Assurances to
be ynade for carrying such Agreements into effect, shall be
good, valid, and effectual in the Law, to all Intents and Pur-
poses whatsoever, in all Cases in which the yearly Value of
such Cure shall be within the Limits prescribed for the same
by the Rules, Orders, and Constitutions which at the Time of
making such Agreements respectively as aforesaid shall be in
force with respect to Cures for the Augmentation of which
Appropriations to meet Benefactions may be made by the said
Governors out of the^Funds at their Disposal, notwithstanding
that in any of such Cases no Appropriation whatsoever shall
be made by the said Governors out of the Funds at their Dis-
posal to the Augmentation of the Cure to which such Agree-
ments as aforesaid shall respectively relate.

IV. And be it further enacted, That every Cure touching On Completion
the Patronage or Right of Nomination to which any such niJSft^Tnin»-
Agreement as aforesaid with any Benefactor or Benefactors fer of Patronage
Stall be made for the Benefit of such Benefactor or Bene- ^9^^ *
fectors, his, her, or their Heirs or Successors, though no Appro- though no*^"
priation whatsoever to the said Cure for the Augmentation Appropriation
thereof shall be made by the said Governors out of the Funds ^ ^* '''^e
at their Disposal, shall, from and immediately after the Com- curetobecon-
pletion of such Agreement, be deemed and considered in Law, adered as one
ia all respects, and to all Intents and Purposes whatsoever, as a J?^"***^ ^^
Cure augmented by the said Governors, and the same, and the

Minister or Incumbent thereof, and his Successors, shall be
subject and liable to all the Laws, Rules, and Regulations
relating to or concerning Cures augmented by them and the
Ministers or Incumbents thereof.

V. < And whereas by an Act passed in the Second and

* Third Years of the Reisn of Her present Majesty (Chapter

' Forty-nine), intituled An Act to make better Provision for the 2&3Vict.c.49.
' Mugrment of Ecclesiastical Districts to Ckurches or Ctiapeh aug~

* meitd by the Governors of the Bounty of Queen Anne, and for

* Mtr Purposes, after reciting that it was expedient to make

* Provision for the more permanent Security of the Endow-

L 2 * ments

158

Endowments
accepted under
the last-recited
Act by the Go-
vernors to be
(except in
speciid Cases)
subject to the
same Rules as
if they had been
appropriated by
the Governors.

Cap. 20. Poor Clergy Mdinlenance Act Amendment. 3 & 4 Vicr.

ments and Emoluments which should have been or might
thereafter be provided for the Use or Benefit of any Churcli
or Chapel, whether built, acquired, or appropriated, or to be
built, acquired, or appropriated, under the Authority of cer-
tain Acts therein recited or referred to, or of any of them, or
under any other Authority, or for the Use or Benefit of the
Incumbent of any such Church or Chapel, or of the Spiritual
Person serving the same, it was enacted, that it should and
might be lawful for the said Governors of the Bounty of
Queen Anne to accept, take, and hold any such Endowments
and Emoluments upon the Trusts and for the Intents and
Purposes for which the same should have been or might there->
after be given or granted by the Person or Persons providing
the same, in like Manner as any such Endowments or Emo-
luments might then be taken or held by any private Trustees
or Trustee; and that it should and might be lawful for any
Trustees or Trustee of any such Endowments or Emoluments
to assign and transfer the same to the said Governors of^he
Bounty of Queen Anne^ to be held and applied by them upon
the same Trusts and for the same Intents and Purposes as
the same previously to such Assignment and Transfer were
held by such Trustees or Trustee: And whereas it is ex-
pedient to make such further Provision as is herein-after
contained for the Application and Disposition of all Endow-
ments and Emoluments accepted by or assigned to or to be
accepted by or assiroed to the said Governors under the afore-
said Provisions of the last*recited Act;* be it therefore further
enacted, That all Endowments and Emoluments whatsoever
already accepted or taken by or assigned or transferred to, or
to be hereafter accepted or taken by or assigned or transferred
to, the said Governors, under the aforesaid Provisions of the
last-recited Act, and the Money, Stocks, Parliamentary or other
Funds or Securities, Land, Hereditaments, or other Property
of which the same respectively may consist, shall, so far as Cir-
cumstances will permit, and subject and without Pr^udice to
the Trusts, Intents, and Purposes upon and for which the same
shall have been given or granted by the Person or Persons
providing the same, be appropriated by the said Governors to
the particular Benefice for which the same respectively shall
have been provided, and be applicable and disposable by them
for the Benefit and Augmentation of such Benefice, in such
and the same Manner, and with such and the same Powers of
Investment in the Purchase of Land, and Exchange for other
Lands and Hereditaments, and otherwise^ and other Powers
and Authorities, in all respects, according to the Rules, Orders,
and Constitutions for the Time being in force for the Manage*
ment of tlie Bounty of Queen Anne^ as if the Money, Stock,
Land, Hereditaments, or other Property of which such Endow-
jnents and Emoluments may respectively consist had been
originally provided or appropriated by the said Governors out
of the Funds at their Disposal for the Benefit and Augmen-
tation of the same Benefice*

1840. Colonial Passengers. Cap. 21. 159

CAR XXI.

An Act to extend to the British Colonies in the West
Indies an Act passed in the Fifth and Sixth Year
of His late Majesty King WiUiam the Fourth, for
regulating the Carriage of Passengers in Merchant
Vessels. [3d July 1840.]

* T^^HEREAS it is expedient that the Provisions of an Act

* passed in the Fifth and Sixth Years of the Reign of His

* late Majesty King WiUiam the Fourth, intituled An Act to 5&6W.4 c^s.

* repeal an Act of Ae Ninth Year of His late Majesty ^ fir regu^
^ biing the Carriage of Passengers in Merchant Vessels from the
' UnUed Kingdom to the British Possessions on the Continent and
^ Islands of North America; and to make further Provision for

* tile regidating the Carriage of Passengers from the United King-
^ domj should be extended (except as herein-after excepted) to

* the Carriage of Passengers from Her Majesty's Dominions
' in the West Indies and Sovth Americoy or from the Bahama
' Idandsy or from Bermuda : * Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of

the same^ That the said recited Act (except as herein-i^ter ProTisionsof
excepted) sh^ll be and the same is hereby extended to and 5 & 6 w. 4.
shall be and the same is hereby declared to be in force in to^he^Britisii
the British Colonies in the West Indies and South America, and Colonies in the
in the Bahama Islandsj\sLnd in Bermuda^ in like Manner and West Indie* and
as fully in all respects as the same is in force in die United Ji^\ji th™ Ba^
Kingdom ; and that all and every the Rules and R^ulations hama islands,
required by the said recited Act to be observed in the Case of "^^ ^''
any Ship carrying Passengers from any Port or Place in the M^hereafter^
United Kingdom shall, except as herein-after excepted, be mentioned,
observed in the Case of every Ship carrying Twenty or more
Passengers from any Port or Place in the British Colonies in
the West Indies and South America^ or in the Bahama Islands, or
^li Bermuda.

II. Provided nevertheless, and be it enacted, lliat if at any Collector or

of the Ports or Places aforesaid within the said British Colonies, Chief Officer of
or in the Bahama Islands, or in Bermuda, there should not be a g^id Colonies to
Comptroller of Customs, then the Collector or the Chief Officer perform the
of Customs shall and may, for the Purposes of this Act, dis- £""*^o^*^^-
charge all and every the Duties required by tlie before-recited ler.
Act to be discharged by the Officers of the Customs, or the Col-
lector and Comptroller of the Customs, at any Port in the
United Kingdom.

III. And be it enacted. That it shall be lawful for the The Oo^emor,
Governor, or Officer administering the Government, of any of p^J^^'J^
the Britisli Colonies in the West Indies and South America, and substituting
in the Bahama Islands, or Bermuda, by any Proclamation or other Articles
Proclamations to be by him from Time to Tmie issued for that ^*^^p^

L 3 Purpose,

160 Cap. 2L Colonial Passenger^, 3 & 4 Vict^

cified in recited Purpose, to substitute for the Articles of Food and Provisions
leat*tot^s^ specified in the said recited Act such other Articles of Food

and Provisions as shall be a full Equivalent for the same,

having regard to the average Duration of the Voyage, and ta

the Number of the Passengers to be conveyed in any such

Ship, in such Manner that the Proportion prescribed in the

said recited Act between the probable Number of Days to be

occupied by the Voyage and the Number of Days during which

Provbion is made for the Subsistence of the Passengers shall be

duly preserved.

Proclamation to IV. Provided always, and be it enacted. That every such

for Hct*!^^ Proclamation as aforesaid shall be transmitted by the Governor

jesty's Confir- or Officer by whom the same may have been issued to Her

motion or Dis- Majesty, [through One of Her Majesty's Principal Secretaries

allowance. ^f State, for Her Majesty's Confirmation or Disallowance ; and

in case the same shall be disallowed, by any Order to be made

by Her Majesty for that Purpose with the Advice of Her Privy

Council, then from and after the Promulgation of any such

Order in Council within any such Colony any such Proclamation

shall cease to be of any Force or Authority ; but until so dis*

Attested Copy allowed the Same shall be duly observed and obeyed : Provided

ofsuch P'jp^ia. also, that on the Production, at any One of the Colonies afore*

received as ^^ ^^ ^^ attested Copy of any such Proclamation as aforesaid.

Evidence in the under the Hand of the Governor or the Officer administering

Coionym which ^hg Government of tlie Colony wherein the same may have been

duoed[ ^'^ issued, and under the Public Seal of such Ccdony, such attested

Copy shall, in the Colony wherein the same sliall be so pro-
duced, be received as ffood and sufficient Evidence of the issuing
and of the Contents of any such Proclamation.
Powers of re- V. And be it enacted. That the Powers vested by the said
R^ovt*^rf recited Act in the Courts, Magistrates, and Justices of the
FjhmII*^ ex- P^ce of the United Kingdom, for the Recovery of any Fines,
tended to said Peual^es, Or Forfeitures incurred under the said Act, shall be
Colonies. m^j ^^ sBjue are hereby vested in the Courts, Magistrates, and

Justices of the Peace in Her Majesty's said Settlements or
Colonies respectively.
Powers for VL And be it enacted. That all the Powers and Authorities

s^I^^e^* which in and by the said recited Act are vested in the Collec-
of any Ship tor and Comptroller of the Customs, for determining the Sea-
vested in Go- worthiness of any Ship carrying Passengers from any Port in
vemoTBy&c. ^g United Kingdom, shall, in respect of any Ship carrjang

Passengers from any Port in any of the Colonies aforesaid, be

and the same are hereby vested in the respective Governors or

Officers administering the Government of the said Colonies

respectively.

This Act not to VU. And be it enacted. That nothing in this Act contained

Eimcrm^t b ^^tends or shall be construed to extend to prevent the Enacts

Colonial aJ nieut by the respective Governors, Councils, and Assemblies, or

semblies, or by other Local Legislatures, in the British West Indies and SouA

Coun^^Sr^ *" -/fmerfco, and in the Bahama Islands, and in Bermudoy or by Her

Iaws peceanry Majesty, with the Advice of Her Privy Council, of any such

for establishing Acts of General Assembly, or Ordinances, or Orders in Council,

as

Id4a. Cobmial Pagxeiufers. Cap. 21, 22. 16l

as may be requisite for making and establishing such several the Rules and
Rules and Regulations as are required by the said recited Act *^^i!j*?"g-ij
and by this present Act, or any of them, or for carrying the J^ited Act and
same into full and complete Effect : Provided nevertheless, that this Act
it shall not be lawful for any such Governor, Council, and
Assembly, or for any such Local Legislature, or for Her Ma-
jesty in Council, by any such Acts of Assembly, Ordinances, or
Orders in Council as aforesaid, to make or establish any Enact-
ment, Provision, Rule, or Order which shall be in anywise
repugnant or contradictory to the said recited Act and to this
present Act, or any Part thereof but that every such Enact-
ment, Regulation, Provision, Rule, or Order shall be and is
hereby declared to be absolutely null and void, and of no
Effect.

CAP. XXIL

An Act to impose upon Broad or Spread Glass the /"(^f ^^ ^
same Duties of Excise that are payable upon German
Sheet Glass. [3d July 1840.]

Tl^HEREAS an Act was passed in the Second Year of Her

Majesty's Reign, intituled An Act to consolidate and i&svict. c.44.
amend the Laws for collecting and securing the Duties of Excise
an Glass, whereby, amongst other things, a Duty of Excise of
One Pound Ten Shillings was imposed upon every Hundred
Weight of Spread Window Glass commonly called or known
as Broad Glass, and also a Duty of Three Pounds Thirteen
Shillings and Sixpence on every Hundred Weight of Crown
Glass and German Sheet Glass : And whereas an Act was
passed in the Third Year of Her Majesty's Reign, inti-
tuled An Act to remove Doubts as to the charging certain of the 2&3Vict.cS5
Duties of Excise on Glass, in order to prevent other Glass than
Broad Glass being charged at the said Duty of One Pound
Ten Shillings, and exported when cut up at a higher Rate of
Drawback than the same would be entitled to according to
the Duty paid : And ^hereas the said last-recited Act has not
been found sufficient to prevent the Mischief therein recited;
and it is therefore necessary to repeal the said Duty of One
Pound Ten Shillings the Hundred Weight payable on Broad
or Spread Glass, and to subject such Glass to the same Rate
of Duty as is charged and paid on German Sheet Glass, and
to alter the Drawbacks accordingly ; and it is also expedient
to amend the said first-recited Act, and to repeal the said
last-recited Act :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the The Duty of
Lords Spiritual and Temporal, and Commons, in this present i'-iot.perCwt.
Parliament assembled, and by the Authority of the same, That ^ c«^ and i^
&om and after the Fifteenth Day o{ August One thousand eight lieu thereof aU
hundred and forty the said Duty of One Pound Ten Shillings ^^"^ GJ*« ^
for every Hundred Weight of Broad or Spread Glass shall cease g^ \sJ!^etL
^d determine, save and except as to any Arrears tliereof ; and the Cwt.

L 4 in

162 Cap. 22. Glass Duties. 3 & 4 V icrr.

in lieu thereof all Broad or Spread Glass shall be charged with

and pay the same Amount of Duty for every Hundred Weight

thereof as by Law is payable on German Sheet Glass made and

manufactured in the United Kingdom.

Drawbacks on II. And be it enacted. That from and after the First Day of

Gr™*" b^d* ^ommry One thousand eight hundred and forty-one there sliall

lowed on Broad ^e allowed and paid, on all Broad or Spread Glass exported as

Glass exported. Merchandize Ander the Provisions of the said first- recited Act,

the same Drawbacks as are allowed and paid on German Sheet
Glass, according as the same may be exported in Whole or Half
or Quarter Tables or Sheets, or be cut into Panes.
Makers of IIL And be it enacted, That in every Case where any Spread

^Tg* ^"*'^"' or Broad Glass, Crown Glass, or German Sheet Glass shall be
Sheet Glass to deposited or placed in the annealing Arch or Oven in Two or
give in their more Rows or Piles of Tables or Sheets, the Maker of such
s M^^*uld ^'^^ ^^'^ ^^ ^^ Declaration by the said first-recited Act
and im^upied required of the true Number of Tables or Sheets deposited, and
by each Pile of the Spaces occupied and unoccupied by such Glass, specify the
TaWes or Sheets true Number of Inches in Length occupied by each Row or
Arch!*""*^ '"^ Pile of Tables or Sheets, from the Back or Bottom of tlie an-
nealing Arch or Oven to the first or front Table or Sheet of
Glass of each such Pile or Row respectively, and the Number
of Inches unoccupied between such first or front Table or Sheet
of each Row or Pile of Glass respectively, and the Grating at
the Mouth of the Arch; and if any Variation in the Proportions
in the said Act specified shall be found in the whole Number of
the Tables or Sheets of Glass deposited and declared, or in the
Number of Inches declared as occupied or unoccupied by any
One Row or Pile of Glass, the Penalties by the said Act im-
posed shall, according to the Circumstances of the Case, be
incurred.
Cylinders and IV. And be it enacted, . That no Maker of German Sheet
bd^ Sh^w "** ^^^^ ^'^^^ ^° ^® Declaration of the Number of Shades made
flhdfnot be^e- ^^ ^^"3 Journey or Making, include any Cylinder cropt or pre-
])08ited in the pared as for being opened and flattened ; and no Articles shall
^"d a^dT"" deemed to be Shades, or be allowed to be deposited in the
or included in Room for unannealed Goods^ or declared as Shades, but such as
the Declaration, are closed at One End, and were commonly known as Shades

before the passing of the said first-recited Act; and all Cylin-
ders and other Glass not being Shades which shall be deposited
in the Room of Shades not requiring to be annealed, or be
included in any such Declaration, shall be forfeited.
i&2Victc.44. V. And be it enacted, That so much of the said first-recited
s. 60. repealed. ^oX. as enacts"that no Spread or Broad Glass, or Crown or

German Sheet Glass, is to be made of greater Thickness in the
Foot Superficial, exclusive of the Bullion or Selvage or Rim
thereof, than One Ninth of an Inch, except the Metal or Mate-
rials shall, before the same or any Part thereof be begun to be
manufactured into Wares, be declared by the Maker thereof, by
Notice in Writing, to be by him delivered to the Officer of
Excise under whose Survey he shall be, to be made for Plate
Glass, and the Duty on Plate Glass Metal or Materials be

5 charged

1840. Glass Duties. Cap.22. 163

chaiged thereon, under Jthe Rules and Regulations prescribed
in respect to Plate Glass; and all such Glass respectively which
shall be made of any greater Thickness than One Ninth of an
Inch, except as aforesaid, shall be forfeited,'' shall be and the
same is hereby repealed.

VL And be it enacted. That all Spread or Broad Glass, or Limiting the
Crown or German Sheet Glass, which shall be made of greater o**l|^°^ ®^
Thickness than One Ninth of an Inch in the Foot Superficial, ^^^ GeriaMr^
exclusive of the Selvage or Rim thereof, and of the Centre or Sheet Glass.
Bullion of Crown Glass, shall be forfeited.

VIL And be it enacted. That so much of the said first- i&3Viete.44.
recited Act as enacts "that no Glass shall be deemed or allowed »-®^" "T«*l«d.
as Spread or Broad Glass which shall not be cut and opened
whilst the same is warm, and before becoming cool, after being
blown, but that all such Glass which, having been blown, shall
be allowed to become cold liefore the same is cut and opened,
shall be deemed and taken to be German Sheet Gla$s, and shall
be charged with Duty accordingly," shall be and the same is
hereby repealed.

VIII. And be it enacted, That the said recited Act of the 2 & s Vict.
Third Year of Her Majesty's Reign shall be and the same is ""' ^^' "p^«^-
hereby repealed.

IX. * And whereas by the said recited Act of the Second Reduction of

* Year of Her Majesty's Reign certain Allowances are directed ^^^^^

' to be made in charging the Duty on Plate Glass of One tainiDg Plate

* Third of the Metal or Materials contained in every Pot used Glass Materials

* for the making of Blown Plate Glass, and One Half of the J^^^^^

* Metal or Materials contained in every Pot used for the xwo Thirds
^ making of Cast Plate Glass;' be it enacted, That the said fuiL
Allowance shall not be given or made by the OiEcer of Excise

in charging] the Duty in any Case in which the Pot shall not
when gauged be filled or charged with Metal or Materials to at
least Two Thirds of the Quantity or Weight of Metal or Mate-
rials which according to the original Gauge and Calculation of
the Officers of Excise the whole Pot shall be denoted to be
capable of containing, but in every Case in which any Pot shall
not be filled or charged to at least Two Thirds of the Quan-
tity or Weight of Metal which such Pot shall, according to such
original Gauge and Calculation, be denoted to be capable of
containing, except in case of Accident, no greater Allowance
shall be made or given^ than One Fourth of the Metal or Mate-
rials contained therein if for Blown Plate Glass, or One Third
of the Metal or Materials if for Cast Plate Glass.

X. And be it enacted. That if any Maker of Plate Glass shall Makers of Plate
be desirous of manufacturing or working out any of the Metal ^^ ^^"'t
or Materials in the Bottom of any Pot or Pots in respect of uieBottraw of
which the Allowance of Four Inches and Two Inches respec- their Pots to
tively at the Bottom of the Pot is by the said recited Act of the g^^Dilf to*^^
Second Year of Her Majesty's Reign directed to be made ui charged on the
charging the Duty on Plate Glass, such Maker^ shall. Twenty- Quantity

four Hours before beginning to work out any such Metal or ^'^®^
Materials, give Notice in Writing of such his Intention to the

Officer

164 Cap. 22, 23. Ghu Duties.— Sugar Duties. d&4Viciv

Officer of Excise ; and it shall be lawful for such Maker thence*

forth, and until he shall give a Notice to discontinue such work*

ing (such Notice of Discontinuance not to be given at any less

Time than One Week from the Delivery of the former Notice),

to manu&cture and work out the said Bottoms, and in such

Case the Metal or Materials, or so much thereof as shall be

worked out, shall be chargeable and charged by the Officers of

Excise with the*Duty on .the Materials or Metal or other Pre-

Worlung out parations made use of in the making of Plate Glass; and every

without Notice, Manufacturer of Plate Glass who shall manufacture or work out

. Penalty 5(X. ^„y p^^.^ ^p ^j^^ y[Q^^\ q^ Materials at the Bottom of the Pot

in respect of which such Allowance respectively shall have been
made, without having given such Notice as aforesaid, riiall for-
feit Fifty Pounds.
Act may be XL And be it enacted. That this Act may be amended or

^tered this repealed by any Act to be passed in this present Session of
"*"• Parliament.

CAP. XXIII.

An Act for granting to Her Majesty, until the Fifth
Day of July One thousand eight hundred and forty-
one, certain Duties on Sugar imported into the
United Kingdom, for the Service of the Year One
thousand eight hundred and forty. [3d July 1840.3

* Most Gracious Sovereign,

* Tl^E, Your Majesty's most dutiful and loyal Subjects,

* ^ ' the Commons of the United Kingdom of Great Britain

* and Ireland in Parliament assembled, towards raising the

* necessary Supplies to defray Your Majesty's public Expences,

* have freely and voluntarily resolved to give and grant unto

* Your Majesty the Duties herein-after mentioned;' and there-
fore do most humbly beseech Your Majesty that it may be
enacted; and be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-

Duties imposed ment assembled, and by the Authority of the same, Tlmt the
by 6 & 7 w. 4. Duties imposed on Sugar and Molasses by an Act passed in
till 5thTuiy" ^^^ Sixth and Seventh Years of the Reign of His late Majesty
1841. I^ing William the Fourth, intituled An Act for granting to His

Mqjestg^ until the Fifth Dag o/* July One thousand eight hundred
and thirty^sevent certain Duties on Sugar imported into the United
Kingdom^ for the Service of the Year One thousand eight hundred
and thirty-sixy and by an Act passed in the present Session of
3&4Vict.ci7. Parliament, intituled An Act fbr granting to Her Mcgesty Duties

of Customs^ Excise^ and Assessed Taxes^ shall be further con-
tinued until the Fifth Day oiJuly One thousand eight hundred
and forty-one.

II. And be it enacted. That the Duties hereby continued
shall be collected, paid, and accounted for in such and the

like

Collection of
the Duties.

1849. Sugar Duties, Cap. 2a 166

like Manner as if tbe said Duties bad been continued to tbe
Fiftb Day otJufy One thousand eigbt hundred and ibrty-one
by the said first-recited Act.

III. And be it enacted, That the respective Bounties now Bounties on

?tyable on Sugar by an Act passed in the Third and Fourth ^^^vSST
ears of the Reign of His said late Majesty, intituled An Act Sugar.
to ffrani certain Bounties and Allowances of Customs^ and also by 3&4W.4.o.5S.
an Act passed in the First and Second Years of the Reign of i*2Viot.c83.
Her present Majesty, intituled An Actforgrantiruf to Her Majesty^
Wiethe Fifth Day of July Che thousand eight hundred and thirty^
juney certain Duties on Sugar imported into the United Kingdoia^
for the Service of the Year One thousand eight hundred and thirty-
eighty shall continue to be allowed and paid so long as the
Duties on the Importation of Sugar imposed by the said first-
recited Act shall remain in force or be further continued by any
Act hereafter to-be passed.

IV. Provided always, and be it enacted. That if at any Time Her Mi^joty
satisfactory Proof shall have been laid before Her Majesty in ^^^^
Council that the Importation of Foreign Sugar into any British sugar the
Possession within die Limits of the East India Company's Growth of cer-
Charter is prohibited, it shall be lawful for Her Majesty, bv ^^J^^^
and with the Advice of Her Privy Council, or by Her Majesty s thTi^wr Rate
Older in Council to be published firom Time to Time in the of Duty.
London Gazette^ to allow the Importation of Sugar the Growth

of any such British Possession at the lower Rate of Duty in the
said first-recited Act specified, in like Manner and under the
same Restrictions and Conditions as Sugar the Growth of the
Presidency of Fort William in Bengal may be imported subject
to a lower Rate of Duty under the Provisions of the said first-
recited Act.

V. And be it enacted. That a distinct and separate Account Separate Ac-
shall be kept in the Office of the Comptroller General of the ^"t^„^^E,.
Receipt and Issue of Her Majesty's Exchequer at Westminster chequer of the'
of all the Money that shall be paid to the Account of Her Duties arising
Majesty's Exchequer at the Bank of England from so much of j^j^^**' ^""
the said Duties hereby granted on Sugar as shall arise and be

payable in Great Britain ; and it shall be lawful for the Com-
missioners of Her Majesty's Treasury of the United Kingdom
of Great Britain and Irelcmd to issue and apply the same from
Time to Time to such Services as shall then have been voted
by the Commons of the United Kingdom of Great BrUain and
Ireland in this present Session of Parliament; and so much of Duties ariaDg
the said Duties on Sugar as shall arise and be payable in /re- in Ireland to be
land shall be paid into the Receipt of the Exchequer in Ireland^ Ewhl^uer *
and shall be carried to the Consolidated Fund of the United there.
Kingdom of Great Britain and Ireland

VI, And be it enacted, That it shall be lawful for the said The Treasury
Commissioners of the Treasury, at any Time or Times when ™»y *'''^*i^*'
they shall think fit so to do^ to cause or direct any Number be made out o^
of Exchequer Bills to be made out at tlie Receipt of the Exche- eiceeding
quer at Westminster for any Sum or Sums of Money not exceed- 3,ooo,ooo«.
u)g in the whole, including any Sum or Sums of Money issued
towards the Aids or Supplies in pursuance of this Act, the Sum

of

166 Cap. 23. Sugar Duties. 3&4Vict.

df Three Millions, in the same or like Manner, Form, and
Order, and according to the same or like Rules and Direc-
tions, as are directed and prescribed in and by an Act passed in
the Forty-eighth Year of the Reign of His Majesty King George
48 G. 3. c. 1. the Third, intituled An Act for regulating the issuing and paging

off of Excliequer Bills.
Powers of VII. And be it enacted. That all and every the Clauses,

^^^'^^\' P^'^v^s^^^ Powers, Privileges, Advantages, Penalties, Forfei-
Act." tures, and Disabilities contained in the said recited Act passed

in the Forty-eighth Year of the Reign of His said Majesty
shall be applied and extended to the Exchequer Bills to be
made out in pursuance of this Act, as fully and effectually to all
Intents and Purposes as if the said several Clauses or Provisoes
had been particularly repeated and re-enacted in the Body of
this Act.
£zcfaequer;BUlB VIII. And be it enacted. That the Exchequer Bills to be
to bear an made out in pursuance of this Act shall and may bear an

Interest not exceeding the Rate of Four Pounds per Centum
per Annum upon or in respect of the whole of the Monies respec-
tively contained therein.
Bank of Eng- IX. And be it declared and enacted. That it shall be law-
^^ "m n^" ^^^ ^^^ ^® Governor and Company of the Bank of England to
on the Credit advance or lend to Her Majesty, by placing to the Account of
ofthbAct,not- Her Majesty's Exchequer at the Bank of England^ .upon the
5&^^2fM Credit of the Exchequer Bills authorized by this Act, any Sum
c. 20. ' or Sums of Money not exceeding in the whole the Sum of

Three Millions ; any thing in an Act passed in the Fifth and

Sixth Years of the Reign of King William and Queen Mary,

intituled An Act fir granting to Their Majesties several Rates and

Duties upon Tonnage of Ships and Vessels^ and upon Beer^ Ale,

and other Liquors; and for securing certain Recompences and

Advantages in the said Act mentioned to such Persons as shall

voluntarily advarux the Sum of One million five hundred thaun

sand Pounds towards carrying on the War against France, or

in any subsequent Act, to the contrary thereof in anywise

notwithstanding.

Bills to be deli- X. And be it enacted, That it shall be lawful for the said

B*"k *f E* Commissioners of the Treasury, and they are hereby authorized

landu Secufitj ^^d empowered, to cause such Bills as shall be prepared by

for Adyances. virtue of this Act to be delivered from Time to Time to the

Governor and Company of the Bank of England^ in such Pro-
portions as the Public Service may require, as Security for the
Advance or Advances which may be made to Her Majesty by the
said Governor and Company of the Bank of England under the
Authority of this Act.
EichequerBills XI. And be it enacted. That the Exchequer Bills to be made
*** A ^^^^ forth by virtue of this Act, together with the Interest that may
granted by ^ become due thereon, shall be and the same are hereby made
Act. chargeable and charged upon the Duties granted by this Act;

and it shall be lawful for the said Commissioners of the Trea-
sury and they are hereby authorized from Time to Time to
direct to be issued to the Paymasters of Ebcchequer Bills, by
way of Imprest and upon Account, such Sums oi Money and

at

1840. Sugar Duties. Gap. 28, 24. i67

at such Periods as the said Commissioners shall think neces*
sary for or towards paying oif and discharging the Exchequer
Bills which shall have been made forth by virtue of this Act, or
any of them, and for and towards paying the Interest to become
due on the said Bills or anv of them.

XIL And be it enacted. That the Monies remaining unsatis-* Money due to
fled or not discharged, with the Interest due or to grow due ^ P"*^ ^^ a*h^
thereon, shall be paid and satisfied out of the next Aid or Aids
to be granted in Parliament after the Fifth Day of July One
thousand eight hundred and forty- one.

XIII. And be it enacted. That the Surplus of the Monies Surplus Monies
arising from the Duties granted and imposed by this Act, after ^ ^ V^^^
paying off and satisfying all the Exchequer Bills issued by fund,
virtue of this Act, together with the Interest that may become

dae thereon, shall, as a Surplus of any such Monies respectively,
be carried to and made Part of the Consolidated Fund of the
United Kingdom of Great Britain and Ireland.

XIV. And be it enacted. That it shall be lawful for the said Treaaurer to
Commissioners of the Treasury, or any Three or more of them, ^^ °*^**'^
for the Time being, and they are hereby authorized and em- making forth
powered, to pay and allow, or cause to be paid and allowed, out n««^ Exchequer
of the Monies to arise of or from the said Duties hereby granted, ^

or of or from the said Consolidated Fund, from Time to Time,
the necessary Charges of making forth the Exchequer Bills
hereby authorized to be made forth, and such other Charges as
shall be necessarily incident to or for the Execution of this
Act, or any Part thereof, in relation to the said Bills ; any thing
herein contained to the contrary notwithstanding.

XV. Provided always, and ba it enacted, That whatever Monies issued
Monies shall be issued out of the said Consolidated Fund shall ^t*^/2J^
from Time to Time be replaced by and out of the first Supplies Supplies.

to be thereafter granted by Parliament; any thing herein con-
tained to the contrary notwithstanding.

XVI. And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed in this present Session of »"^<^e^ ^^
Parliament.

CAP. XXIV. f</^'4f^r/z^c^^

An Act to repeal Part of an Act of the Forty-third^> ^Jf^/
Year of the Reign of Queen Elizabeth, intituled Art^^i^^^^'y'^
Act to avoid trifling and frivolous Suits in Law in f^^"^^-^'-^'^ J^y ^^^
Her Majesty's Courts in Westminster, and of an Act/^'^^'^^* ^^4</
of the Twenty-second and Twenty-third Year of the ^

Reign of King Charles the Second, intituled An Act
for laying Impositions on Proceedings at Law ; and
to make further Provisions in lieu thereof.

[3d July 1840.]

* TiyHEREAS an Act passed in the Forty-third Year of the

' *" Reign of Queen Elizabeth^ intituled An Act to avoid 43£liz. c,e.

* triJUng aruf frivolous Suits in Law in Her Majesties Courts in

* Westminster,

)6d Cap. 34. ' Frivolous Suits Acts Amendment 3 & 4 Vict.

* Westminster, and another Act in the Twenty-second and

* Twenty-third Years of the Reign of King Charhs the Second,
22 & 23 Car. 2 « intituled An Act for laying Impositions on Proceedings at Law^
®* ^' * which recites tliat many good Subjects of this Realm have

* been and daily are undone by such Suits, contrary to the

< Intention of the said Statute of Queen Elizabeth; but the

* same Evil, notwithstanding, doth still prevail and increase,

< and it is expedient to make further Provisions for the Pre-

* vention thereof:* Now be it enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

Recited Acta in Parliament assembled, and by the Authority of the same. That
part repealed. ^^ ^^ recited Act of the Forty-third of ElizabeA, so far as it

relates to Costs in Actions of Trespass, or Trespass on the Case,

and so much of^the Twenty-second and Twenty-third of Charles

the Second as relates to Costs in Personal Actions, be and they

are hereby repealed.

Costa not to be H. And be it enacted. That if the PlaintifiF in any Action of

Action^ Tre»- Trespass, or of Trespass on the Case, brought or to be brought

pa«, or of in any of Her Majesty's Courts at Westminster^ or in the Court

Trespaaaontbe of Common Pleas at LancaMery or in the Court of Common

SSii^*^ Pleas at Durham, shall recover by the Verdict of a Jury less

Yered are less Damages than Forty Shillings, such Plaintiff shall not be eri-

*'*"^»»^«» titled to recover or obtain from the Defendant, in respect of

cSdfi«S&c. ^"^^ Verdict, any Costs whatever, whether it shall be given

upon any Issue or Issues tried, or Judgment shall have passed
by De&ult, unless the Judge or presiding Officer before whom
such Verdict shall be obtained shall immediately afterwards
certify on the Back of the Record, or on the Writ of Trial or
Writ of Inquiry, that the Action was really brought to try a
Right besides the mere Right to recover Damages for the Tres-
pass or Grievance for which the Action shall have been brought,
or that the Trespass or Grievance in respect of which the Action
was brought was wilful and malicious.
AfiC Dot to ex- IIL Provided always, and be it enacted, That nothing herein
Slitifi^^* contained shall extend to or be construed to extend to deprive
CoatainActioiia any Plaintiffs of Costs in any Action or Actions brought for
for IVe^an. a Trespass or Trespasses over any Lands, Commons, Wastes,

Closes, Woods, Plantations, or Enclosures, or for entering into
any Dwellings, Outbuildings, or Premises in respect of which
any Notice not to trespass thereon or therein shall have been
previously served, by or on behalf of the Owner or Occupier
of the Land trespassed over, upon or left at the last reputed or
known Place of Abode of the Defendant or Defendants in such
Action or Actions.

1840. Prisons Act Amendment. Oe^.25. 169

CAP. XXV.

An Act to amend the Act for the better ordering of
Prisons. [3d Jult/ 1840-3

' \j|^H£REAS by the Statute passed in the last Session of

* *" Pariiament, intituled An Act for the better ordering o/'2&3Vicuc56,

< Prisons^ it is among other things enacted, that the Prisoners

< of each Sex in the Gaols and Prisons therein mentioned shall

< be divided into the Classes therein also mentioned and set
^ forth, and that Debtors in those Prisons in which Debtors
^ may bQ lawfully confined shall form and constitute the First

* of such Classes : And whereas in and by such Statute it is
^ also enacted, that certain Rules and Regulations therein pre*

* scribed and set forth shall be observed in every Prison in
^ England and Wales in addition to and in amendment of the
^ otl^r Rules and Regulations which are in force in such Pri-

* sons: And whereas it is expedient that such of the said Rules
' and Regulations only be applied and observed, in re^rd to
' such First Class of Prisoners, as shall be made by the Persons
' authorized by Law to make Rules and Regulations for the
' Grovernment of the said Gaols and Prisons, and approved of
' by One of Her Majesty's Principal Secretaries of State : And
' whereas it is expedient that in every Gaol, House of Cor-
' rection. Bridewell, and Penitentiary in England and Wales a

* further Subdivision be made of Prisoners convicted and not

* sentenced to hard Labour:' Be it therefore declared and
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled,
and by the Authority of the same. That so much of the

said Act as renders the Rules, Orders, and Regulations Certain Parts
therein prescribed and set forth applicable to Debtors shall be of recited Act
repealed. ^ "P**^

II. And be it enacted, That in every Prison in which Debtors Reguktioos
may be lawfully confined the Persons authorized by Law to respecting
make Rules and Regulations for the Government of such Prison pl^j^^n-
shall, with the Approval of One of Her Majesty's Principal vieted of MU-
Secretaries of State, make such Rules, Orders, and Regulations dcmeanorfc
for the good Management of the Debtors confined therein as
shall by them from Time to Time be regarded as fit and neces-
sary ; and that in every Gaol, House of Correction, Bridewell,
and Penitentiary in England and Woks Prisoners convicted of
Misdemeanors and not sentenced to hard Labour shall be'
divided into at least Two Divisions, one of which shall be
called the First Division, and that separate Rules and Regu-
lations shall be made for each Division, and that the Rules
enacted by the said Act of the last Session of Parliament shall
not apply to the said First Division ; and that whenever any

Person

170 Cap. 25, 26. Bated Infiabitants Evidence. 3 & 4 Vict.

Person convicted of Misdemeanor shall be sentenced to Impri-
sonment without hard Labour it shall be lawful for the Court
or Judge before whom such Person shall have been tried to
order, if such Court or Judge shall think fit, that such Person
shall be confined with the Prisoners of the said First Division ;
and no Prisoner respecting whom no such Order shall be
made shall be confined with the Prisoners of the said First
Division.
Act may be HI, And be it enacted, That this Act may be amended or

fended this repealed by any Act to be passed in this present Session of

Parliament.

CAP. XXVI.

An Act to remove Doubts as to the Competency of
cfX ^. X c^/7^ Persons, being rated Inhabitants of any Parish, to
/^ ^ 4^/?s^«ai^^;p^ give Evidence in certain Cases. [3d July 1840.3

y^^yj. ^// , TO-HEREAS it is expedient to remove all Doubt whether

* ^^ Persons are by Law competent to give Evidence in

* Cases where they have been formerly held to be disqualified

* by the Liability to pay Parochial Rates:' Be it enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-

FterwDsnotdis- rity of the same, That from and after the passing of this Act
qualiBed from qq Person Called as a Witness on any Trial in any Court
^^i^ount of** whatever may and shall be disabled or prevented from giving
being aaaeased Evidence by reason only of such Person being, as the Inhabitant
to Puochial of any Parish or Township, rated or assessed or liable to be

rated or assessed to the Relief of the Poor, or for and towards
the Maintenance of Church, Chapel, or Highways, or for any
other Purpose whatever.

Nominal Partiei IL And be it enacted, That no Churchwarden, Overseer, or

on any Trial not other Officer in and for any Parish, Township, or Union, or

." EfU^ ^'^y P^^^son rated or assessed or liable to be rated or assessed as

deuce. aforesaid, shall be disabled or prevented from giving Evidence

on any Trial, Appeal, or other Proceeding by reason only of
his being a Party to such Trial, Appeal, or other Proceeding,
or of his being liable to Costs in respect thereof, when he shsdl
be only a nominal Party to such Trial, Appeal, or other Pro-
cecnling, and shall be only liable to contribute to such Costs in
common with other the Rate-payers of such Parish, Township,
or Union.

CAP.

1840. Voffranis RemavaL Cap. 27, 28. 171

CAP. XXVII.

An Act to continue to the First Day of August One /^ P'^y
thousand eight hundred and forty-three, and from y^f^^^/^
thence to the End of the then next Session of Par- ^ /^
liament. Two Acts relating to the Removal of poor
Pereons bom in Scotland and Ireland^ and chargeable
to Parishes in England. [3d JiUj/ 1840.]

Y^HEREAS an Act was passed in the Session of Parlia*
ment held in the Third and Fourth Years of the Reign
of His late Majesty, intituled An Act to repeal certain Acts 3&4W.4.c.40.
relating to At Removal of poor Persons horn in Scotland and
Ireland, and chargeable to Parishes in England, and to make
other Promsions in lieu thereof^ until the First Day of May One
thousand eight hundred and thirty^sixj and from thence until the
End of the then next Session of Parliament : And whereas another
Act was passed in the Seventh Year of the Reign of His
said late Majesty, intituled An Act to aliery amend, and continue, 7 w. 4. &
for a certain Period, an Act for repealing certain Acts relating to ^ ^^' ^ ^°'
the Removal of poor Persons bom in Scodand and Ireland, and
ehargealde to Parishes in England, and to make other Provisions
m lieu thereof: And whereas the Provisions of the said Acts
have been round beneficial : And whereas the said Acts will
expire at the End of the present Session of Parliament, and
it is desirable that the same should be further continued :* Be
it therrfore enacted by the Queen's most Excellent Majesty? by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, That the herein-before re- Recited Acts
cited Acts, and all and every the Provisions thereof, shall be ^!^^^^ ^^
and the same are hereby further continued to the First Day of
Augud One thousand eight hundred and forty-three, and from
thence to the End of the then next Session of Parliament*

CAP. XXVIII.

An Act to explain and amend an Act of the Second
and Thu-d Years of Her present Majesty, for more
equally assessing and levying Watch Rates in certain
Boroughs. [23d July 1 840.]

* VI/'HEREAS by an Act passed in the Session of Parlia-

* ment holden in the Second and Third Years of the

* Reign of Her present Majesty, intituled An Act for more 2&sViet.c.S8
^ tqually assessing and levying Watch Rates in certain Borottghs,

* after reciting therein that by reason of the Restrictions con-

* tained in an Act passed in the Sixth Year of the Reign of

* His late Majesty King William the Fourth, intituled An Act 5&6W,4.c.76.
' to provide for the Regulation of Municipal Corporations in Eng-

[No. 12. Price 2d.'] M • land

172

Cap. 28.

Borough Watch Rates.

3 & 4 Vict.

* land and Wales, the Watch Rate authorized to be levied upon
•* those Parts of the Boroughs wilhin tlie Provisions of the said

* Act which were regularly watched was insufficient for that

* Purpose, and the Deficiency in many Cases was paid out of

* the*Borough Rate, to which all Parts of the Borough, whether

* or not regularly watched, were liable ; for Remedy thereof it
^ was enacted, amongst other things, that it should be lawful for

* tlie Council of any Borough named in either of the Schedules

* to the said Act of His late Majesty to levy a Watch Rate

* upon the Occupiers of all Messuages, Lands, Tenements, and

< Hereditaments within those Parts of the Borough which

< should be watched by Day and by Night, and which from

* Time to Time, by any Order of the Council .of any such
' Borough, should be declared liable to such Watch Rate, pra-
' vided that no such Rate should exceed in any One Year the
^ Rate of Sixpence in the Pound on the net annual Value of

* the Hereditaments rated thereunto, unless in those Boroughs
^ in which at the Time of passing the said Act .of His late

* Majesty the Sum authorized to be levied by way -of Watch

< Rate exceeded the Sum which might have been then raised
^ by the said Rate of Sixpence in the Pound : And whereas the

* said Act of Her present Majesty was intended to apply to

< Boroughs in which, from the Deficiency of the Borough Fund,

* it had become or might become necessary that Borough Rates
^.should be laid; but Doubts have been entertained whether
^ the same Act may not apply to Cases of Municipal Boroughs
^ in which there are Borough Funds sufficient for the Purposes

of defraying the Expences of the Constabulary Force of such
Boroughs, together with all other Expences payable out of the
Borough Fund, with the Aid of the Amount only of Watch
Rate which could be raised under the Provisions of the said
Act of Hi3 said late Majesty, and without the Aid of any
Borough Rate ; and Doubts are also entertained whether by
ihe said Act of Her present Majesty it is not imperative upon
the Council of each Borough to levy in each Borough a
Watch Rate to the Extent of Sixpence in the Pound;' and
in order to remove such Doubts, be it enacted and declared
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Pai*liament assembled, and hy the Autho-
Recited Act ^^J <^f the «ape. That aftex the passing of this Act the said
not lo apply to Act of Her present Majesty shall not apply or be deemed to
^rtS?C^ apply to any Borough in which the Borough Fund is sufficient,

with the Aid of the Amount only of Watch Rate which could
be raised under the Provisions of the said Act of His late
Majesty, and without the Aid of any Borough Rate, to defray
the E^pence of the Constabulary Force of the Borough, together
with all the other Expences legally payable out of the Borough
Fund, by virtue of the said Act of His late Majesty, or any
Proviso. X)ther Act or Acts of Parliament: Provided always, that nothing

jn this Act contained shall be deemed to take away or lessen, or
to vary or affect, the particular Benefit or Rights to Common

Lands

1840. Borough Watch Rates. Cap. 28, 29. 173

Lands and Public Stock, and to Lands, Tenements, and Here-
ditaments, and to the Rents and Profits thereof, or to any Sum
or Sums of Money, Chattels, Securities for Money, or other
Personal Estate which are reserved by the said recited Act of
His late Majesty to every Person who then was or thereafter
might be an Inhabitant of any Borough, and also to every
Person who had been admitted or who might thereafter have
been admitted a Freeman or Burgess of any Borough if that
Act had not been passed, or who then was or thereafter might
be the Wife or Widow, or Son or Daughter, of any Freeman or
Burgess, or who had espoused or might thereafter espouse the
Daughter or Widow of any Freeman or Burgess, or who had
been or might thereafter be bound an Apprentice: Provided
also^ that nothing herein contained shall render the Borough
Fund of any Borough liable to any Expences with which such
Borough Fund was not chargeable before the passing of the said
recited Act of Her present Majesty.

U. And be it enacted and declared. That the Amount of Limiting
Watch Rate to be levied by the Council of any Borough under ^"°V"ij^
the Authority of the said recited Act of Her present Majesty be Minually
shall be at the Discretion of each such Council, but not exceed- levied,
ing in any One Year the Sum of Sixpence in the Pound, as
limited by the same Act

CAR XXIX.

An Act to extend the Pi-actice of Vaccination,. 4rf^J^z,

[2Sd July 1840.]

* T^HEREAS it is expedient to extend the Practice of

* Vaccination:' Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this pre-
sent Parliament assembled, and by the Authority of the same.

That from and after the passing of this Act it shall be lawful Poor Law
for the Guardians of every Parish or Union, and for the Over- Guardians to
seers of every Parish in which Relief to the Poor shall not be ^e^Medi!^
administered by Guardians, in "England and JVcdes^ and they are Officers, or
hereby directed, to contract with the Medical OflScers of their other Medical
several Unions or Parishes respectively, or with any legally foU^i^^i^bn.
qualified Medical Practitioner or Practitioners, for the Vacci-
nation of all Persons resident in such Unions or Parishes respec-
tively: Provided, always, that it shall be a Condition of every
such Contract that the Amount of the Remuneration to be
received under the same shall depend on the Number of Pei^sons
who, not having been previously successfully vaccinated, shall
be successfully vaccinated by such Medical Officers or Prac-
titioners respectively so contracting.

II, And be it further enacted. That in making such Arrange- Guardians to
menu as may be required for the Execution of this Act, such ^"^"^^Jl^^^^f
Guardians and Overseers, and all other Officers eng^ed in the the Poor Law
Administration of the Laws for the Relief of the Poor, shall Commisdonera.

M 2 conform

174

Cap. 29.

Vaccination Extension,

3 & 4 Vict.

Medical Officers
to report the
Number of
Persons vacci-
nated, &c.

Copies of Con-
tracts to be sent
to Commission-
ers.

Annulling of
Contracts.

Guardians of
Poor Law
Unions in Ire-
land to divide
their Unions
into Districts,
&c.

Previous Pro-
visions with re-
spect to Unions
in England and
Wales to apply
to Ireland.

Persons inocu-
lating or other-
wise producing
Small Pox to be
subject to One
Month*K Im-
prisonment.

conform to the Regulations which may from Time to Time be
issued by the Poor Law Commissioners in that Behalf, which
Regulations the said Commissioners are hereby authorized and
required to make and issue.

III. And be it further enacted, That such Medical Officers
or Practitioners shall make a Report to such Guardians or
Overseers from Time to Time of the Number of Persons success-
fully vaccinated by them respectively, and shall make such fur-
ther Report, with respect to the Persons so vaccinated, as such
Guardians and Overseers, under the Direction of the Poor Law
Commissioners, shall require.

IV. And be it enacted, That such Guardians or Overseers
shall forthwith, after the Conclusion of any such Contract as
before mentioned, transmit a Copy thereof to the Poor Law
Commissioners.

V. And be it enacted. That if such Commissioners shall not
annul such Contract within Fourteen Days from the Receipt
thereof such Contract shall thenceforth not be liable to be
annulled by such Commissioners.

VI. And be it further enacted, That as soon as may be after
tlie passing of this Act the Guardians of every Poor Law Union
in Ireland shall (subject to the Approbation of the Poor Law
Commissioners) divide such Union into Districts of convenient
Extent, and may alter the same from Time to Time, subject to
the like Approbation, and shall (subject to such Approbation
as aforesaid) contract with competent Medical Practitioners for
the Period of One Year, and so from Year to Year as such Con-
tract may expire, for the Vaccination of all Persons who may
come to such Medical Practitioners for that Purpose.

VII. And be it further enacted, That all the Provisions
herein-before made with respect to England and Wales for the
making of Reports of such Medical Officers or Medical Prac-
titioners shall apply to all such Contracts as may be made under
this Act by the Guardians of any Poor Law Union in Ireland;
and such Guardians, and all other Officers engaged in the
Administration of Relief to the destitute Poor, shall conform to
the Regulations and Instructions of the Poor Law Commis-
sioners, in like Manner as is herein-before directed with respect
to Guardians, Overseers, and other Officers in England and
Wales.

VIII. And be it further enacted. That any Person who shall
from and after the passing of this Act produce or attempt to
produce in any Person, by Inoculation with variolous Matter,
or by wilful Exposure to variolous Matter, or to any Matter,
Article, or Thing impregnated with variolous Matter, or wilfully
by any other Means whatsoever produce the Disease of Small
Pox in any Person in England^ Wales^ or Ireland^ shall be liable
to be proceeded against and convicted summarily before any
Two or more Justices of the Peace in Petty Sessions assem-
bled, and for every such Offence shall, upon Conviction, be
imprisoned in the Common Gaol or House of Correction for any

Term not exceeding One Month.

IX. And

1840. Vaccinatum Extension. Cap. 29, 30. 1 75

IX. And be it further enacted, That every Word in such Interpretation
Part of this Act as refers to England and Wales shall be inter- *»^ Words,
preted in like Manner as such Word is directed to be interpreted
in an Act passed in the Fourth and Fifth Year of His late
Majesty King WiUiam the Fourth, intituled An Act for the 4&5W.4c.76-
Amendnent and better Administration of the Laws relating to tfie
Poor in England and Wales ; and that every Word used in such
Part of this Act as relates to Ireland shall be interpreted in like
Manner as such Word is directed to be interpreted in an Act
passed in the First and Second Year of the Reign of Her
present Majesty, intituled An Act for the more effectual Relief of i&2Vict.c. 56,
the destitute Poor in Ireland.

CAP. XXX.

An Act for the more equal Assessment of Police Rates rj^/^//7
in Manchester y Birmingham^ and Bolton^ and to make
better Provision for the Police in Birmingham^ for
One Year, and to the End of the then next Session
of Parliament. [23d July 1840.]

10 G. 4. c. 44.

« VyHEREAS by an Act passed in the Tenth Year of the
' ^ Reign of King George the Fourth, intituled An Act for

* improving the Police in and near the Metropolis^ it is provided

< that the annual Value of the Property rateable for the Purposes

< of the Police under the said Act shall be computed according
^ to the last Valuation for the Time being acted upon in assess-

* ing the County Rate : And whereas by Three Acts passed in 2 & s Vict.

* the last Session of Parliament, for improving the Police in ^* ^^' ^^' ^^'

* ManchesteTy Birmingham^ and Bolton respectively, the Powers
' and Provisions of the first-recited Act were made, during the
' Continuance of the Three last-mentioned Acts respectively,

* to apply to the Boroughs of Manchester^ Birmingham^ and
' Bolton^ except as therein is excepted : And whereas the
' Amounts required for the Purposes of the Police under the
' said several Acts would be more fairly and equally raised in
' Manchester J Birmingham, and Bolton if such annual Value were

* computed according to the last Valuation for the Time being
' acted upon in assessing the Poor Rate:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by

the Autliority of the same, That after the passing of this Act the Property to be
full and fair annual Value of the Property rateable for the 7*^"^^^*^^"
Relief of the Poor within any Parish, Township, Precinct, or p^, ^^^
Place liable to contribute to the Purposes of the Police in Man- Valuation.
che^cTy Birmingham, or Bolton respectively, shall be computed,
for the Purposes of the said several Acts, according to the last
Valuation for the Time being acted upon in assessing the Rate
for the Relief of the Poor within such Parish, Township, Pre-
cinct, or Place: Provided always, that the Inhabitants and

M 3 Occupiers

176 Cap. 30. Police Rates Assessments. 3 & 4 V icr.

Occupiers of all Messuages, Lands, Tenements, and Heredita-
ments in any Precinct or Place, whether Parochial or Extra-
parochial, within the said several Police Districts, or Districts
affected by the said Acts respectively, which may not be rated
to the Relief of the Poor, or may be deemed not to be rateable
thereto, shall be liable to contribute to the Expences of the
Police under the said several Acts, in like Manner as by the said
Acts is provided.
Inspection of II. And be it enacted. That any Justice appointed under
Poor Rates. any of the said Acts, or any Person having an Order for that

Purpose under the Hand of any such Justice, may inspect any
Poor Rate made or to be made for any Parish, Township, Pre-
cinct, or Place, any Part of which shall be within his Jurisdic-
tion, and may also inspect any Returns relating thereunto,
and may take Copies or Extracts from any such Rates or
Returns, without Payment of Fee or Reward ; and if any Per-
son having the Custody of any such Rate or Return shall wil-
fully neglect or refuse to permit any such Justice or other Person
to inspect the same, or to take Copies or Extracts from the
same, within Two Days after such Order shall have been pro-
duced or shown to him, or a Copy thereof left at his usual Place
of Abode, he shall, on Conviction thereof before any Two
Justices of the Peace, forfeit and pay for every such Offence
such Sum, not exceeding Ten Pounds, as they shall think
meet.
Appeal against HI. And be it enacted. That it shall be lawful for any Justice
Poor Rates. ^^ Receiver appointed under any of the said Acts to appeal

against any Rate made for the Relief of the Poor in any Parish,
Township, Precinct, or Place, any Part of which is within the
Limits of the Act by which he is appointed, to any Court of
General or Quarter Sessions having Jurisdiction in the Matter,
or to the Justices holding any Special Session for hearing Ap-
peals against such Rates, in like Manner as any Person aggrieved
by any such Rate may appeal thereunto, and subject to all Pro-
visions made respecting Appeals against Poor Rates; and it
shall be lawful to defray the Expences of prosecuting any such
Appeal out of the Monies raised or to be raised for the Pur-
poses of the said Acts respectively.
Parishes, &c. IV. And be it enacted. That in every Case in which any

th^p V^^"^ Parish, Township, Precinct, or Place liable to support its own
yDistnct. Poor shall be partly within and pArtly without the District

iJUj^^ ^y affected by any of the said Acts, the Overseers or other Persons
Sy^vov//^^ charged with the Collection of the Rates made for the Relief of
/ the Poor in sucli Parish, Township, Precinct, or Place, upon
the Receipt of any Warrant from any of the said Justices for
the Payment of Money for the Purposes of One of the said
Acts (which Warrants the said Justices are severally empowered
to direct to them, in like Manner as if the whole of such
Parish, Township, Precinct, or Place were within their District
respectively), shall assess upon and levy from the Inhabitants
and Occupiers of all Messuages, Lands, Tenements, and Here-
(ditaments liable to Poor Rates in that Part of their Parish,

Township,

1840. Police Rates Assessments. Cap. 30. 177

Township, Precinct, or Place which is within the Police Dis-
trict, the Rate mentioned in the Warranty with and as Part of
the Poor Kate, and in addition to the Poor Rate to which the
Inhabitants and Occupiers of Property within that Part of the
Parish, Township, Precinct, or Place may be liable, in common
with the Inhabitants and Occupiers of Property within the other
Part thereof which is not within the Police District, and oirt
of the increased Poor Rates so levied and collated from the
Part within the Police District shall pay the Amount mentioned
in the Warrant i» the Manner mentioned by the first-recited
Act, and shall be subject to aU the Provisions and Penalties
contained in the said Act concerning the Nonpayment thereof.

V. And be it enacted. That instead of the Rates authorized Rates in Man-
to be paid for the Purposes of the said Police in Manchester and ^terand-
Bolton any Sum may be demanded and paid for such Purposes exceed ea, in
which in any Period of Twelve Calendar Months, beginning to the Pound,
reckon from the Seventqenth Day of April now last past, shall

not in the whole exceed the Sum of Sixpence in the Pound
on the AiH and fair annual Value of the Property rateable
thereunto under the Provisions of this Act ; but this Enactment
shall not be constru^ to, prevent the Recovery of anj' Arrears
due upon any Warrant which shall have been issued before the
passing of this Act for the said Purposes under the Provisions
of the said Acts for improving the Police in Mimchester and
Bolton.

VI. And be it enacted, That any Sums may be demanded Rates in Bir.
and paid for the Purposes of die said Police in Birmingham '"*°^*?* °*^ *°
which in any Period of Twelve Calendar Months, beginning the Pound.

to reckon from the Twenty-sixth Day of August now last pas^

shall not in the whole exceed the Sum of One Shilling in the

Pound on the full and fair annual Value of the Pix)perty

rateable thereunto under the Provisions of this Act; and that Pari/^bes^&e.

any Parish, Township, Precinct, or Place liable to support its P^'^^y within

own Poor, and being partly within and partly without the Police {ri^uotHtherta

District of the said Borough of Birmingham^ and which may not charged to b»

have contributed its equal Proportion rateably with the Re- ijencefo^th

mainder of the said District towards the Expences of the Police * ^

under the said Act for improving the Police in Birmingliamy

shall be liable to pay and contribute in the first instance from

that Part of such I'arish, Township, Precinct, or Place which

is within the Police District such Sum as may be necessary

to make up such equal Proportion ; and it shall be lawful for

any Justice appointed under the last-mentioned Act to issue a

separate Warrant for Payment of such Sum. accordingly.

VII. And be it enacted. That no Office or Employment in Provisisn as to
the Manchester^ Birmingham^ or Bolton Police Force shall pre* ^**^ ^^y*
vent the Holder thereof from receiving any Half Pay to

which, if he did not hold such Office or Employment, he
might have been or may become entitled.

VIII. And be it enacted, That Accounts of the Receipt Accounts to be
and Expenditure under each of the said Acts, as amended by ™***^^P ^ ^^
this Ac^ shall before the Thirty-first Day of December in every in every Year.

M 4 Year

178

Duration of
Act.

Act may be
amended.

Cap. 30, 31.

Police Rates Assesgmentg.

3 & 4 Vict.

Year be made up, under the Direction of the several Justices
appointed under the said Acts respectively, in such Form and
Manner as shall be directed by One of Her Majesty's Prin-
cipal Secretaries of State; and the said Justices shall forthwith
send such Accounts to the Secretary of State, and such
Accounts shall be laid before both Houses of Parliament
within Three Weeks after they shall be received, if Parliameut
be then sitting, or if not, then within Three Weeks after the
next Meeting of Parliament.

IX. And be it enacted. That this Act shall continue in force
for One Year, and from thence until the End of the then next
Session of Parliament

X. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of Par-
liament

41 G. S. e. 109.

6&7W.4.C.115.

The Award to
be conclunve
Evidence that
the Provisions
of the Act have
been complied
with and the
necessary Con-
sents given.

Parties taking
possession of or

CAP. XXXI.

An Act to extend the Powers and Provisions of the
several Acts relating to the Inclosure of Open and
Arable Fields in England and Wales.

[23d Julj/ 1840.]

* YI/' HERE AS an Act was passed in the Forty-first Year of

* ^^ the Reign of His late Majesty King George the Third,

* intituled An Act for consolidating in One Act certain Provisions
^ usually inserted in Acts of Inclosure, and for facilitating the
^ Mode of proving the several Facts usually required on the pasB^.

* ing of such Acts: And whereas another Act of Parliament

* was passed in the Seventh Year of the Reign of His late

* Majesty King William the Fourth, intituled An Actforfacili"

* tating the Inclosure of Open and Arable Field in England and
^ Wales : And whereas it is desirable that Awards under the

* said secondly-recited Act should be rendered final and con-

* elusive, and that the Powers of the Commissioners acting
<' under or in execution of the said recited Acts or either of

< them, for the ascertaining and determining Boundaries, should

< be extended in the respects herein-after mentioned:' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That (subject and without
Prejudice to the Right of Appeal given by the said seconcQy-
recited Act) all Awards that shall be made in pursuance of
that Act and of this Act, or either of them, shall immediately
after the Execution thereof be conclusive Evidence that the
Provisions of the said Acts have in all respects been complied
with, and that all necessary Consents have been given ; and no
other Evidence than such Awards shall be requisite to estab-
lish the Title under the Inclosure of the Parties concerned
or interested in the same: Provided always, that if any Party
concerned or interested in any such Inclosure shall, after

the

1840. Indosure Acts Amendment, Cap.31. 179

the making of the Award thereunder, take posse8sk>n of, or pro- proceiediiig to
ceed to inclose or to cultivate, any Allotment, or any Lands ">clo8e or to
given in Exchange, which shall have been thereby awarded to AUotmenta^to
soch Par^, all Right of Appeal which might odierwise have be deemed to
been exercised by such Party against the said Award shall, ^^t,^^^ *^
from the Time of such taking possession, or of such proceed- pj|§. ^'
ing to inclose or to cultivate* (as the Case may be,) be deemed
and taken to have been absolutely waived and surrendered.
IL * And whereas by the said first-recited Act Power is PoweraofCom-

* given to the Commissioner or Commissioners appointed in or ni>«fooe" •• *<>

* by virtue of any Act of Inclosure to ascertain and determine Boujoda^fei
' tiie Boundaries of Parishes, Manors, Hamlets, or Districts estended.

' to be divided and inclosed, and of Parishes, Manors, Hamlets,

* or Districts adjoining thereto : And whereas it is expedient
' that the Power of such Commissioner or Commissioners

* should extend to the straightening of Boundaries in Cases in

* which the Lands in any Parishes, Manors, Hamlets, or Dis-
' tricts so to be divided and inclosed are or are reputed to be
' intermixed with the Lands of any adjoining Parish, Manor,
' Hamlet, or District;' be it enacted. That so much of the
Powers and Provisions in the said fii*st-recited Act contained
as relates to the ascertaining, setting out^ determining, and
fixing the Boundaries of Parishes, Manors, Hamlets, or Dis-
tricts shall extend and be applicable to the straightening of
the Boundaries of any Parish, Manor, Hamlet, or District to
be divided and inclosed under the said recited Acts or either
of them, whenever the Lands of such Parish, Manor, Hamlet,
or District shall be or be reputed to be intermixed with the
Lands of any other Parish, Manor, Hamlet, or District.

III. And be it enacted, That in every Case in which the CommiMiooefB
Commissioners shall, in the Exercise of the Powers given to ^^^ Awd
them by the said recited Acts or by this Act, for the Purpose of the Parish to
ascertaining or straightening Boundaries, sever any Land from which any Land
any Parish, Manor, Hamlet, or District to which it may have ^ghtening
been reputed to belong, they shall, in and by their Award, Boundaries
declare to what Parish, Manor, Hamlet, or District such Land ■*'*'J^ *""
shall be annexed; and the same shall thenceforth, for UU ^^
Purposes, belong to the Parish, Manor, Hamlet, or District

to which it shall have been so declared to be annexed as
aforesaid.

IV. * And whereas by the said secondly above-recited Act Powers of

* it was enacted, that it should be lawful for Two Third Parts ^ *J Extended
' in Number and Value who should be interested in manner ^ Lands com-

* therein mentioned in any Open and Common Arable Fields, monabie only

* including any untitled Slips or Balks therein, or any Open ^^^^/^ ^
^ and Common Meadow or Pasture Lands or Fields in any

^ Parish, Township, or Place (except as therein excepted) in
^ England and fVcUesy known by Metes and Bounds, or occupied

* according to known and legal Rights, to inclose in manner
' Uierein mentioned* such said Lands and Fields: And whereas
' Doubts have arisen whether the said secondly above-recited
' Act applies to and includes such Open and Common Arable

^ Fields

180

This Act to be
construed with
thatof6&7W.4.

Act may be
amendedi &e.

Cap.31, 32.

Jnclosure Acts Amendmeni.

3 & 4 Vict.

< Fields as have adjacent thereto (but not ''separated by any

* Fence therefrom) certain Tracts of Grass Land commonable

* during Part of the Year, and holden in Severalty, or by Lot

* or Apportionment, by or among Persons interested therein,

* during other Parts of the Year;' be it therefore enacted, That
the said secondly above-recited Act, and all Powers and Pro-
visoes therein contained or mentioned, shall be adjudged and
construed to apply and extend to all such Open and Common
Fields and Tracts of Grass Land as are herein last-before
mentioned.

V. And be it enacted, That this Act shall be construed as
One with the said secondly above-recited Act.

VI. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of Par-
liament.

j^/r/Z fs^

47 G. S. leas. S.
C.54.

50 O. S. 0. 109.

10 G. 4. c. 47.

1&2W.4.C.47.

2&SW.4.C.70.

4&5W.4.C.53.
6&7W.4.C.39.

l&syiet.c.71.

Recited Acts
continued for
One Yesr.

CAP. XXXIL

An Act to continue for One Year, and from thence
until the End of the then next Session of Parliament,
the several Acts relating to the Importation and
keeping of Arms and Gunpowder in Ireland.

[23d July 1 840.]

< 'll/'HEREAS an Act was passed in the Forty-seventh Year

< *^ of the Reign of His Majesty King George the Third,

* intituled An Act to prevent improper Persons from having Arms

* in Ireland, to continue in force for a limited Period, which

* Act was, by another Act passed in the Fiftieth Year of His

* said Majesty's Reign, continued and amended ; and such

* Acts having been continued were, by another Act passed in

* the Tenth Year of the Reign of His Majesty King George the

* Fourth, amended, and further continued until a Time when

* the same expired : And whereas by another Act passed in the

* First and Second Years of His late Majesty's Reign the said
*• recited Acts were revived and continued: And whereas by

* Three other Acts passed respectively in the Second and Third,

* and Fourth and Fifth, and Sixth and Seventh Years of the

* Reign of His late Majesty such Acts were further continued :

* And whereas by another Act passed in the First and Second

* Years of the Reign of Her present Majesty the said Acts were
^ amended and further continued, and the same will remain in
< force until the End of this present Session of Parliament ; and
^ it is expedient that the said Acts should be further conti-

* nued:' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same. That the
said recited Act of the Forty-seventh Year of the Reign of His
Majesty King George the Third, as the said Act is amended by
the said recited Act of the* Fiftieth Year of the same Reign,
and by the said recited Act of the Tenth Year of the Reign of

His

1840. Arms {Ireland) . Cap. 32, 33. 181

His Majesty King Oearge the Fourth, and by the said recited
Act of the First and Second Years of the Reign of Her pre-
sent Majesty, shall be, and the said Acts, and each and every
of them, is and are hereby continued, and shall be and remain
in force for the Term of One Year from the passing of this
Act, and thenceforth until the End of the then next Session of
Parliament.

11. * And whereas an Act was passed in the First Year of ii G. 4. &
' the Reign of His late Majesty, intituled An Act to regtdatefor ^ ^:^*JJ'/^"

* One Year the Importation of ArmSy Gunpowder^ and Ammunition ^yJJ"

* into Ireland, and the making^ removing^ selling^ and keeping of

* Armsy Gnrqxnoder, and Ammunition in Ireland ; and such Act,

* having been continued from Time to Time, will remain in

* force until the End of this present Session of Parliament, and
' it is expedient that the said Act should be further continued;'
be it therefore enacted, That the said recit6d Act of the First
Year of the Reign of His late Majesty shall be and the said
Act is hereby continued, and shall be and remain in force for
the Term of One Year from the passing of this Act, and thence-
forth until the End of the then next Session of Parliament.

CAP. XXXIII.

An Act to make certain Provisions and Regulations in
respect to the Exercise, within England and Ireland^
of their Office, by * the Bishops and Clergy of the
Protestant Episcopal Church in Scotland; and also
to extend such Provisions and Regulations to the
Bishops and Clergy of the Protestant Episcopal
Churcli in the United States of America ; and also
to make further Regulations in respect to Bishops
and Clergy other than those of the United Church
o£ England and Ireland. [23d Juli/ 1840.]

* YU'HEREAS an Act was passed in the Thirty-second Year

* '^ of the Reign of His late Majesty King George the Third,

* intituled An Act for granting Relief to Persons of the Episcopal 32 G. s. c. 6S.
' Communion in Scotland : And whereas it is expedient to alter

' and amend the said said Act, and to enable the Bishops of
^ the Protestant Episcopal Church in Scotland, and the Priests
< of such Church canonically ordained, under certain Limita-

* tions and Restrictions, to perform Divine Service, to preach,
^ and to administer the Sacraments, according to the Rites and
' Ceremonies of the United Church of England and Ireland, in
' Churches or Chapels within England or Ireland where the
' Liturgy of the said United Church is used:' Be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Au-
thority of the same, That it shall be lawful for the Bishop of Bishops of Eng.
any Diocese in England or Ireland, if he shall think fit, on the ^^ ^ Jreiaad

Application "•yP*"'"

l62

Clergy of the
Protestant
Episcopal
Church in Scot-
land to officiate
in their Dioceses
under certain
Restrictions.

Certain Letters
commendatory
to be produced
to the Bishop
before Permis-
sion granted.

Provisions of
this Act as to
the Clergy of
the Episcopal
Church in Scot-
land extended
to the Clergy of
the Episcopal
Church in the
United States.

Cap. 33. Protestant Episcopal Churcli {Scotland). 3 & 4 Vict.

Application of any Bishop of the Protestant Episcopal Church
in Scotlandy or of any Priest of such Church canonically or-
dained by any Bishop thereof residing and exercising at the
Time of such Ordination Episcopal Functions within some Dis-
trict or Place in Scotland^ to grant Permission under his Hand,
and from Time to Time also under his Hand to renew such
Permission, to any such Bishop or Priest to perform Divine
Service, and to preach, and administer the Sacrament, accord-
ing to the Rites and Ceremonies of the United Church of Enff-
land and Irelandj for any One Day or any Two Days, and no
more, in any Church or Chapel within the Diocese of tlie said
Bishop where the Liturgy of the said United Church is used,
such Day or Days and Church or Chapel to be specified in
such Permission or renewed Permission; and thereupon it shall
be lawful for the Party mentioned in such Permission or re-
newed Permission, with the Consent of the Incumbent or Offi-
ciating Minister of such Church or Chapel, to perform Divine
Service, and to preach, and administer the Sacraments therein,
according to the Rites and Ceremonies of the United Church
of England and Ireldndj on the Day or Days specified in such
written Permission or renewed Permission, and on no other.

n. Provided always, and be it enacted. That no such written
Permission or renewed Permission shall be granted unless the
Party applying for the same shall first produce to the Bishop
of the Diocese Letters commendatory given within Six Months
before the Production thereof, in the Case of a Bishop under
the Hand and Seal of Two other Bishops of the Church to
which he belongs, and in the Case of a Priest under the Hand
and Seal of the Bishop exercising Episcopal Functions within
the District or Place in which such Priest usually officiates,
and also a Testimonial given within Six Months before tlie
Production thereof, under the Hand and Seal of such last-
mentioned Bishops or Bishop, that the Party applying is a
Person of honest Life and godly Conversation, and professeth
the Doctrines of the United Church of England and Ireland,

IIL * And whereas another Act was passed in the Twenty-
< sixth Year of the Reign of His said late Majesty, intituled An

* Act to empower the Archbishop <?/* Canterbury and the Archbishop

* of York for the Time being to consecrate to the Office of a Bishop

* Persons being Subjects or Citizens of Countries out of Her Mcgeshfs
^ Dominions : And whereas it is expedient to alter and amend

* the said Act, and to enable the Bishops and Priests of the
' Protestant Episcopal Church in the United States of America

* to officiate in England and Ireland^ under Restrictions and
' Limitations similar to those herein-before enacted and pro-

* vided with respect to the Bishops and Priests of the Pro-

* testant Episcopal Church in Scotland:* be it therefore enacted,
That all the several Provisions herein-before contained with
respect to tlie Bishops and Priests canonically ordained of the
Protestant Episcopal Church in Scotland shall respectively ex-

, tend to the Bishops of the Protestant Episcopal Church in the
United States oiAmerica^ and to the Priests canonically ordained

by

1840. Protestant Episcopal Church (Scotland). Cap. 33. 183

by a Bishop of such Church residing and exercising at the Time
of such Ordination Episcopal Functions within some District or
Place in the United States of America.

IV. And be it enacted, That any Incumbent or Stipendiary Penalty on al-
Curate who, without the Production of such written Permission l<wrjng Clergy
or renewed Permission as aforesaid, shall allow any Bishop or ^ant EpLnopal
Priest of the Protestant Episcopal Church in Scotlmd or in the Church in Scou
United States of America, or who shall allow any Deacon of ]5°f^ 1" ****
either of such Churches, or any other Bishop, Priest, or Dea- ^f America to
con, not being a Bishop, Priest, or Deacon of the United officiate without
Church of England and Ireland, or of any Her Majesty's Foreign ~^2loWiS**°'
Possessions, to officiate in any Church or Chapel of which he is ^h«r Qerg^ to
Incumbent or Curate, shall for the first Offence be liable to be officiate,
called to appear before the Bishop of the Diocese in Person,
and, if he show no sufficient Cause to the contrary, to be pub-
licly or privately monished, at the Discretion of the said Bishop ;
and for the second and every subsequent Offence, if a Curate,
he shall, after having been in like Manner called to appear, and
showing no sufficient Cause to the contrary, be liable to be
removed or to be temporarily suspended from his Curacy, at
the Discretion of the said Bishop ; and if an Incumbent, he
shall, on Proof of the Offence in due Course of Law, be su8«>
pended from his Office and Benefice for any Time not exceed-
ing Three Months, or be subject to other Ecclesiastical Cen-
sures; and the said Bishop shall, during any such Suspension,
provide for the Performance of the Spiritual Duties of such
Benefice by Sequestration or otherwise^ as in the Case of Non-
residence.

V. And be it enacted. That if any Bishop or Priest of the Penalty on
Protestant Episcopal Church in Scotland or in tlie United States officiating con-
of America shall, save as herein-before mentioned, or if any 5^orS^»
Deacon of either of such Churches shall, officiate, contrary to Act, save as
the Provisions of the said recited Acts, in any Church or Chapel herein men-
in England or Ireland where the Liturgy of the said United ^^^
Church is used, or if any Bishop, Priest, or Deacon, not being

a Bishop, Priest, or Deacon of the United Church of England
or Ireland, or of any of Her Majesty's Foreign Possessions, or
of tlie Protestant Episcopal Church in Scotland or in the United
States of America, shall officiate in any such Church or Chapel,
he shall for every such Offence forfeit and pay the Sum of Fifty
Pounds to the Governora of Queen Anni^ Bounty, to be reco-
vered, by Action of Debt brought in the Name of the Treasurer
of the said Bounty, in any of Her Majesty's Courts of Record
at Westminster, or in the Courts of Session in Scotland at the
Suit of the Public Prosecutor.

VI. And be it enacted, ITiat no Person who has been or Deacons or-
shall be ordained a Deacon by any Protestant Bishop other than dained out of
an Archbishop or Bishop of the United Church of England Eoxd ^!^§^^a°1^^
Ireland, and who shall after the passing of this Act be ordained wards ordained
a Priest by any Archbishop or Bishop of the United Church Priests in Eng-
of England and Ireland, shall be thereby enabled, save as in ^•"'^ ^' ^'*^"^-

this

18i

Admissions, &c«
to Benefices
and Curacies
contrary hereto
Toid.

Fkoviso.

Not to affect

the Act

59 G. S. c. 60.

Cap. 33, 84. Protestant Episcopal Church {Scotland). 3 & 4 Vict.

this Act is provided, to exercise his Office within England or
Ireland* '

VII. And be it further enacted, That all Admissions, Institu-
tions, and Inductions to Benefices in the Church of England or
Church of Ireland^ and all Appointments to act as Curates
therein, which shall be made contrary to the Provisions of this
Act, shall be to all Intents and Purposes null and void : Pro-
vided always, that nothing herein shall be construed to affect
any Admission, Institution, or Induction to any Benefice or any
Appointment as Curate which shall have been made previous to
the passing of this Act.

VIII. Provided always. That nothing in this Act contained
shall be construed to affect or to repeal any of the Provisions
of an Act passed in the Fifty-ninth Year of the Reign of His
late Majesty King George the Third, intituled An Act to permit
the Archbishops o^ Canterbury and York, and the Bishop of Lon-
don, fir the Time beiTigy to admit Persons into Holy Orders
specially fir the Colonies.

46 G. 3. c. 128.

Lord Chan-
cdlor may
gX^wt Annuities
to Marten in
Chancery un«
able to perform
the Duties of
their Office.

CAP. XXXIV.

An Act for making Provision as to the Office of Master
in Chancery in certain Cases. [23d July 1840.]

* Yl/'HEllEAS by the Act passed in the Forty-sixth Year of

* * * the Reign of His Majesty King George the Third, inti-

* tuled An Act for making Provision for such Masters in Ordinary

* of the High Court of Chancery as from Age or Infirmity shall he

* desirous of resigning their Offices with the Approbation of the said

* Court f asvdfor augmenting Hie Income of the Masters in Ordinary

* of the said Courts no Provision is made for the Payment of any

* Annuity or Retiring Pension to such of the Masters in Ordi-

* nary of the High Court of Chancery as, being disabled by

* any permanent Infirmity from the due Execution of their

* Offices, may by reason ol* such Infirmity be incompetent duly
^ to resign the same, and it is expedient to provide for such

* Cases:' Be it therefore enacted by the Queen's most Excel-
lent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, That it shall
be lawful for the Lord High Chancellor of Great Britainy or the
Lord Keeper or Lords Commissioners for the Custody of the
Great Seal of Great Britain^ by any Order or Orders of the
High Court of Chancery, to be made from Time to Time on a
Petition presented to him or them for that Purpose, to order,
if he or they shall so think fit, an Annuity or clear yearly Sum
of Money not exceeding the Sum of One thousand five bun*
dred Pounds to be paid to such Person or Persons as he or
they shall in any such Order in that Behalf name, out of the
Interest and Dividends of the Government or Parliamentary
Securities which may at any Time be standing in the Name of

the

1840. Masten in Chancery. Cap. 34. 185

the .Accountant General of the Hish Court of Chancery to an
Account intituled '* Account of Monies placed out for the
Benefit and better Security of the Suitors of the High Court
of Chancery," and out of the Interest and Dividends of the
Government or Parliamentary Securities which may at any
Time be standing in the Name of the said Accountant General
to an Account intituled *' Account of Securities purchased with
surplus Interest arising from Securities carried to an Account
of Monies placed out for the Benefit and better Security of the
Suitors of the High Court of Chancery/* or either of them, for
the Use and Benefit of any Master in Ordinary of the High.
Court of Chancery who shall be afflicted with any permanent
Infirmity disabling him from the due Execution of his Office,
and who shall also by reason of such Infirmity be incompetent
duly to resign the same; and in such Order or Orders the
Cause or Ground of making the same shall be distinctly specified;
and the Annuity or clear yearly Sum of Money mentioned in
such Order or Orders shall be paid by the Governor and Com*,
pany of the Bank of England^ out of the Interest and Dividends
aforesaid, (but subject and without Prejudice to the Payment of
all Salaries and other Sums of Money by the several Acts of
Parliament in the said recited Act referred to directed or autho-
rized to be paid thereout,) by even and equal Payments, on the
Fifth Day of January^ the Fifth Day of Aprils the Fifth Day of
Jtt/y, and the Tenth Day of October^ in every Year, during the
Life of such Master in Ordinary, to the Person or Persons
in such Order or Orders in that Behalf named ; the first of
such quarterly Payments, or a proportionate Part thereof to be
calculated from the Date of such Order, to be payable on the
first of such Days which shall occur after the Date of such Order,
and such Annuity or yearly Sum shall be free from all Parlia* '
mentary Taxes ; and the Office of such Master in Ordinary,
for whose Use and Benefit any such Annuity or Retiring Pen-
sion shall have been so ordered to be paid, shall from and
after the Date of such Order be and be deemed to be thereby
i^oided and vacant, as well and in the same Manner as if such
Master had duly resigned the same ; and the Person or Persons
to whom such Annuity as aforesaid shall, by virtue of any such
Order as aforesaid made under the Authority of this Act, be
payable, shall be entitled to receive and shall be paid, in the
Place of such Master as aforesaid, and in like Manner as he
would if not incapacitated as aforesaid have been paid the same,
and for his Use and Benefit, such proportionate Part or Parts of
any Salary and Compensation to such Master as may or shall
have accrued from the Time when the last Payment of the
^me respectively was made to such Master to the Day of the
Date of the Order for such Annuity as aforesaid.

11. Provided always, and be it enacted. That no such Order Annuity not to
stall be made, unless the Lord Hiffh Chancellor, Lord Keeper ^ g«nted
or Lords Commissioners aforesaid, shall have previously received pi^uctionof
Certificates in Writing, according to the Form in the Schedule Medical Cer-
to this Act annexed, signed by I'hree several Medical Persons *»ficate.

(Physicians

186 Cap. 34, 35. Masters in Chancery. 3 & 4 Vicr.

(Physicians or Surgeons), who shall have been named and
appointed by the Lord High Chancellor, Lord Keeper or Lords
Commissioners, in that Behalf, and each of whom shall have
separately visited and examined such Master on Two several
Days at the least

SCHEDULE to which this Act refers.

Form of Certificate.

I DO hereby certify, That I did on the Day of

and the Day of in the Year

personally visit and examine one of the Masters of

the High Court of Chancery; and I further certify, that the
said is afflicted with {state fuUy the Nature of

the Affection or Complaint]j and that he is thereby permanently
disabled from discharging the Duties of his Office as such Master,
and that he is also by reason thereof incompetent duly to resign
the same.

This Day of «

A.B.
[Physician or Surgeon.]

CAP. XXXV.

z^? ///^/ ^--7/ -An Act to re-unite the Provinces of Upper and Lower

CanadUj and for the Government of Canada.

[23d July 1840.]

* Tl/' HERE AS it is necessary that Provision be made for
< * the good Government of the Provinces of Upper Canada
^ and Lower Canada^ in such Manner as may secure the Rights

* and Liberties and promote the Interests of all Classes of Her

* Majesty's Subjects within the same: And whereas to this end

* it is expedient that the said Provinces be re-united and form

* One Province for the Purposes of Executive Government and

* Legislation:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

DeclaratioD of Parliament assembled, and by the Authority of the same, That
Union. j^ glijl ^c lawful for Her Majesty, with the Advice of Her

Privy Council, to declare, or to authorize the Governor General
of the said Two Provinces of Upper and Lower Canada to
declare, by Proclamation, that the said Provinces, upon, from,
and after a certain Day in such Proclamation to be appointed,
which Day shall be within Fifteen Calendar Months next after
the passing of this Act, shall form and be One Province, under
the Name of the Province of Canada^ and thenceforth the said
Provinces shall constitute and be One Province, under the
Name aforesaid, upon, from, and after the Day so appointed as
aforesaid.
Repeal of Acts, H. And be It enacted, That so much of an Act passed in the

Session of Parliament held in the Thirty-first Year of the

Reign

1840. Canada Government. Cap. 35^ 187

Reign of King George the Third, intituled An Act to repeal 31G.S. c. si.
eertain Parts of an Act passed in the Fourteenth Year of His
Mcge^s Reigny intituled ' An Act for making more effectual Pro^

* vision for the Government of the Province q/" Quebec in North
' America,' and to make further Provision for the GovemiTient of

* Ae said Province^ as provides for constituting and composing
a Legislative Council and Assembly within each of the said
Provinces respectively, and for the making of Laws ; and also
the whole of ah Act passed in the Session of Parliament held
in the First and Second Years of the Reign of Her present

Majesty, intituled An Act to make temporary Provision for the i&3Vict. e.9.
Government o^ Lower Canada; and also the whole of an Act
passed in the Session of Parliament held in the Second and
Third Years of the Reign of Her present Majesty, intituled
An Act to amend an Act of the last Session of Parliament^ for s&syict.c53,
nuiking temporary Provision for the Government ofL^wer Canada ;
and also the whole of an Act passed in the Session of Parlia-
ment held in the First and Second Years of the Reign of .His
late Majesty King William the Fourth, intituled m Act to i&3W.4.c.ss.
amend an Act of the Fourteenth Year of His Majesty King George 14 G. s. c 88.
the Thirds for establishing a Fund tou)ards defraying the Charges
of ike Administration of Justice and the Support of Civil Govern^
nient in the Province o^ Quebec in America, shall continue and .
remain in force until the Day on which it shall be declared, by
Proclamation as aforesaid, that the said Two Provinces shall
constitute and be One Province as aforesaid, and shall be
repealed on, from, and after such Day : Provided always, that
the Repeal of the said several Acts of Parliament and Parts of
Acts of Parliament shall not be held to revive or give any »
Force or Effect to any Enactment which has by the said Acts,
or any of them, been repealed or determined.

III. And be it enacted, That from and after the Re-union of Composition
the said Two Provinces there shall be within the Province of iILi^JJ^ ^
Canada One Legislative Council and One Assembly, to be seve-
rally constituted and composed in the Manner herein-after pre-
scribed, which shall be called ^^The Legislative Council and
Assembly ol Canada f* and that, within the Province of Canada,
Her Majesty shall have Power, by and with the Advice and
Consent ,of the said X<egislative Council and Assembly, to make
Laws for the Peace, Welfare, and good Government of the
Province of Canada, such Laws not being repugnant to this
Act, or to such Parts of the said Act passed in.the Thirty-first
Tear of the Reign of His said late Majesty as are not hereby
repealed, or to any Act of Parliament made or to be made^
ftad not hereby repealed, which does or shall, by express Enact-
ment or by necessary Intendment, extend to the Provinces of
Upper and Lower Canada, or to either of them, or to the Pro-
vince of Canada; and that all such Laws being passed by the
said L^islative Council and Assembly, and assented to by Her
Majesty, or assented to in Her Majesty's Name by the Gover-
nor of the Province of Canada, shall be valid and binding to
«l Intents and Purposes within the Province of Canada.

[No. la Price 2d] N IV. And

188

Appointment
of Legislative
Councillors.

Canada Government,

3&4Vi

Qualifieation of

L^slative

CounciUors.

Tenure of OiBce
of Councillor.

Resignation o&

Legislative

Councillor.

Vacating Seat
by Absence.

Trial of
Questions.

Cap. 85.

rV. And be it enacted, That for the Purpose of composing
the Legislative Council of the Province of Canada it shall be
lawful for Her Majesty, before the Time to be appointed for
the First Meeting of the said Legislative Council and Assembly,
by an Instrument under the Sign Manual, to authorize the
Governor, in Her Majestjr's Name, by an Instrument under
the Great Seal of the said Province, to summon to the said
Legislative Council of the said Province such Persons, bring
not fewer than Twenty, as Her Majesty shall think fit; and
that it shall also be lawfiil for Her Majesty from Time to Time
to authorize the Governor in like Manner to summon to the
said Legislative Council such other Person or Persons as Her
Majesty shall think fit, and that every Person who shall be
so summoned shall thereby become a Member of the Legis*
lative Council of the Province of Canada: Provided always,
that no Person shall be summoned to the said Legislative
Council of the Province of Canada who shall not be of the full
Age of Twenty-one Years, and a natural*born Subject of Her
^^jesty, or a Subject of Her Majesty naturalized by Act of
the Parliament of Great Britain^ or by Act of the Parliament
of the United Kingdom of Great Britain and Ireland^ or by
an Act of the Legislature of either of the Provinces of Upper
or Lower Canada^ or by an Act of the Legislature of the Pro-
vince of Canada.

V. And be it enacted, That every Member of the Legis-
lative Council of the Province of Canada shall hold his Seat
therein for the Term of his Life, but subject nevertheless to
the Provisions hereinnifter contained for vacating the same.

VI. And be it enacted, That it shall be lawful for any Mem-
ber of the Legislative Council of the Province of Canada to
resign his Seat in the said Legislative Council, and upon such
Resignation the Seat of such Legislative Councillor shall
become vacant.

VI I. And be it enacted, That if any Legislative Councillor
of the Province of Canada shall for Two successive Sessions of
the Legislature of the said Province fail to give his Attendance
in the said Legislative Council, without the Permission of Her
Majesty or of the Governor of the said Province, signified by
the said Governor to the Legislative Council, or shall take any
Oath or make any Declaration or Acknowledgment of Allegi-
ance, Obedience, or Adherence to any Foreign Prince or Power,
or shall do, concur in, or adopt any Act whereby he may
become a Subject or Citizen of any Foreign State or Power,
or whereby he may become entitled to the Rights, Privileges,
or Immunities of a Subject or Citizen of any Foreign State or
Power, or shall become bankrupt, or take the Benefit of any
Law relating to Insolvent Debtors, or become a public De-
faulter, or be attainted of Treason, or be convicted of Felony
or of any infamous Crime, his Seat in such Council shall
thereby become vacant.

VIII. And be it enacted, That any Question which shall
arise respecting any Vacancy in the L.egislative Council of the

Province

1840. Canada GcDtmnuant Cap* 85. 189

Pnmnee of Canada^ on occasion of any of the Matters aforesaid,
shall be referred by the Governor of the Province of Canada to
the said Legislative Ck>uncil, to be by the said Legislative
Council heard and determined: Provided always, that it shall
be lawful, eitfier for the Person respecting whose Seat such
Qaestion shall have arisen, or for Her Majest/s Attorney
General for the said Province on Her Majesty's Behalf^ to
appeal from the Determination of the said Council in such Case
to Her Majesty, and that the Judgment of Her Majesty given
with the Advice of Her Privy Council thereon shall be final
and conclusive to all Intents and Purposes.

IX. AnA be it enacted, That the Governor of the Province Appomtmait
of Canada shaU have Power and Authority from Time to Time, ®^ Speaker,
by an Instrument under the Great Seal of the said Province,

to appoint One Member of the said Legislative Council to
be Speaker of the said Legislative Council, and to remove him,
and appoint another in his Stead.

X. And be it enacted, That the Presence of at least Ten Quorum.
Members of the said Legislative Council, including the Speaker,

shall be necessary to constitute a Meeting for the Exercise of

its Powers; and that all Questions which shall arise in the DiTuioa.

said Legislative Council shall be decided by a Majority of

Voices of the Members present other than the Speaxer, and

when the Voices shall be equal the Speaker shaU have the Caitfaig Vote.

casting Vote.

XL And be it enacted, That for the Purpose of constituting Conyoking the
the Legislative Assembly of the Province of Canada it shall be Aasembly.
lawful for the Governor of the said Province, within the Time
herein-after mentioned, and thereafter from Time to Time as
Occasion shall reqpire, in Her Majesty's Name, and by an
lostrament or Instruments under the Great Seal of the said
Province, to summon and call together a Legislative Assembly
in and for the said Province.

XIL And be it enacted. That in the Legislative Assembly of Representaaves
the Province of Canada to be constituted as aforesaid the Parts ^^ ^^
of the said Province which now constitute the Provinces of
Upper and Lower Canada respectively shall, subject to the Pro*
▼isions herein-after contained, be represented by an equal Num-
ber of Representatives, to be elect^ for the Places and in the
Manner herein-after mentioned.

XIIL And be it enacted, That the County of Halton in the County of
Profince of Upper Canada shall be divided into Two Ridings, to H«^^-
be called respectively the East Riding and the West Riding ;
dnd that the East Riding of the said County shall consist of the
following Townships, namely, Trafalgar, Nelson, E^quering,
^auagawega, East Flamborough, West Fhmboraugh, Ering^ jBe-
^ky; and that the West Riding of the said County shall con-
sist of the following Townships, namely, Garqfraxa, Nichol,
Woohoieh, Chtelph, Waterloo, Wilmot, Dumfries, Puslinch, Era-
^^ ; and that the East Riding and West Riding of the said
County shall each be represented by One Member in the L^is-
^tive Assembly of the Province of Canada^

N 2 XIV. And

190 Cap. 35. Canada Government. 3 & 4 Vict.

County of XIV. And be it enacted. That the County of Northumber"

Northumber- jj„j jn the Province of Upper Canada shall be divided into
^nd» 'p^Q Ridings, to be called respectively the North Riding and

the South Riding ; and that the North Riding of the last-men-
tioned County shall consist of the following Townships, namely,
Monoffhan, Otondbee^ Asphodel^ Smith, Douroy Dummer, Belmont,
Methuen, Burleigh, Harvey, Emily, Gore, Ennismore; and that
the South Riding of the last-mentioned County shall consist of
the following Townships, namely, Hamilton, Haldimand, Cramak,
Murray, Seymour, Percy; and that the North Riding and South
Riding of the last-mentioned County shall each be represented
by One Member in the Legislative Assembly of the Province of
Can€ulcu
Coun^ of XV. And be it enacted, That the County of Lincoln in the

^^ °' Province of Upper Canada shall be divided into Two Ridings,

to be called respectively the North Riding and the South
. Riding ; and that the North Riding shall be formed by uniting
the First Riding and Second Riding of the said County, and
the South Riding by uniting the Third Riding and Fourth
Riding of the said County; and that the North and South
Riding of the last-mentioned County shall each be represented
by One Member in the Legislative Assembly of the Province
of Canada,

c^rti^M*^of ^^^' ^^^ ^ ^^ enacted, That every County and Riding,
Vmer Canwliu Other than those herein-before specified, which at the Time of

the passing of this Act was by Law entitled to be represented
in the Assembly of the Province of Upper Canada, shall be
represented by One Member in the Legislative Assembly of the
Province of Canada,
Town Conrti- XVIL And be it enacted. That the City of Toronto shall be
oSX represented by Two Members, and the towns of Kingston,

Brockville, Hamilton, Cornwall, Niagara, London, and Bytoum

shall each be represented by One Member in the Legislative

Assembly of the Province of Canada,

County Con- XVIIL And be it enacted. That every County which before

LowCT Canada. ^^^ *^ *^® Time of the passing of the said Act of Parliament,

i& s Vict. c. 9. intituled An Act to make temporary Provision fir the Government

o/* Lower Canada, was entitled to be represented in the Assem-
bly of the Province of Lower Canada, except the Counties of
Montmorency, Orleans, DAssomption, La Chesnaye, LAcadie, La-
prairie, Dorchester, and Beauce, herein-after mentioned, shall be
represented by One Member in the Legislative Assembly of the
Province of Canada,
^do^sto"^ XIX. And be it enacted, That the said Counties of Mont-
Comtituency of ''wwewcy and Orleans shall be united into and form One County,
Lower Canada, to be called the County of Montmorency ; and that the said

Counties of U Assumption and La Chesnaye shall be united into
and form One County, to be called the County of Leinster; and
that the said Counties of UAcadie and Laprairie shaJl be
united into and form One County, to be called the County of
Huntingdon; and that the Counties of Dorchester and Beauce
shall be united into and form One County, to be called the

County

1840. Canada Government. Cap. 35. 191

County of Dorche^er ; and that each of the said Counties of
Montmorency^ Leinsterj Huntingdon^ and Dorchester shall be
represented by One Member in the Legislative Assembly of the
said Province of Canada.

XX. And be it enacted. That the Cities of Qiubec and Town Consti-
Montreal shall each be represented by Two Members, and the ^"<7 ^
Towns of Three Rivers and Sherhroohe shall each be represented ^^
by One Member, in the Legislative Assembly of the Province
oi Canada.

XXL And be it enacted, That for the Purpose of electing Boundaries of
their several Representatives to the said Legislative Assembly, J^^" ""^
the Cities and Towns herein-before mentionra shall be deemed «etiWiSSe
to be bounded and limited in such Manner as the Governor of Goremor.
the Province of Canada^ by Letters Patent under the Great Seal
of the Province, to be issued within Thirty Days after the Union
of the said Provinces of Upper Canada and Lower Canada^ shall
set forth and describe ; and such Parts of any such City or
Town (if any) which shall not be included within the Boundary
of such City or Town respectively by such Letters Patent for
the Purposes of this Act shall be taken to be a Part of the
adjoining County or Riding, for^ the Purpose of being repre-
sented in the said Legislative Assembly.

XXII. And be it enacted. That for the Purpose of electing Returning
the Members of the Legislative Assembly of the Province of Offic«"»
Canada, it shall be lawful for the Governor of the said Pro-
vince, from Time to Time, to nominate proper Persons to
execute the Office of Returning Officer in each of the Counties,
Ridings, Cities, and Towns which shall be represented in the
Legislative Assembly of the Province of Canada, subject never-
theless to the Provisions herein-after contained.

XXIII. And be it enacted, That no Person shall be obliged Term of Office
to execute the said Office of Returning Officer for any longer ^J^"™ing
Term than One Year, or oftener than once, unless it shall be

at any Time otherwbe provided by some Act or Acts of the
Legislature of the Province of Canada.

XXIV. And be it enacted. That Writs for the Election of Writs of
Members to serve in the Legislative Assembly of the Province ^«'*">«'*
of Canada shall be issued by the Governor of the said Province,

within Fourteen Days after the sealing of such Instrument as
aforesaid, foi* summoning and calling together such Legislative
Assembly; and that such Writs shall be directed to the Re-
turning Officers of the said Counties, Riding, Cities, and Towns
r^pectively; and that such Writs shall be made returnable
within Fifty Days at farthest from the Day on which they shall
bear Date, unless it shall at any Time be otherwise provided
ty any Act of the Legislature of the said Province ; and that
Writs shall in like Manner and Form^be issued for the Election
of Members in the Case of any Vacancy which shall happen by
the Death or Resignation of the Person chosen, or by his being
summoned to the Legislative Council of the said Province, or
from any other legal Cause; and that such Writs shall be made
returnable within Fifty Days at ferthest from the Dayjon which

N 3 they

193

Cap. 35.

Canada Government.

3 & 4 ViCT\

Hme and Place
of holding
Eleciioni*

Power to alter

they shall bear Date, unless it shall be at any Time otherwise
provided by any Act of the Legislature of the said Province ;
and that in any Case of any such Vacancy which shall happen
by the Death of the Person chosen, or by reason of his being
so summoned as aforesaid, the Writ for the Election of a new
Member shall be issued within Six Days after Notice thereof
shall have been delivered to or left at dke Office of the proper
Officer for issuing such Writs of Election.

XXV. And be it enacted, That it shall be lawful for the
Governor of the Province of Canada for the Time being to fix
the Time and Place of holding Elections of Members to serve
in the Legislative Assembly of the said Province, until other-
wise provided for as herein^afler is mentioned, giving not less
than Eight Days Notice .of such Time and Place.

XXVI. And be it enacted. That it shall be lawful for the
^JS^irtLS^' Legislature of the Province of Canada, by any Act or Acta to
presen on- ^ hereafter passed, to alter the Divisions and Extent of the

several Counties, Ridings, Cities, and Towns which shall be
represented in the Legislative Assembly of the Province of
Canada, and to establish new and other Divisions of the same,
and to alter the Apportionment of Representatives to be chosen
by the said Counties, Ridings, Cities, and Towns respectively,
and make a new and di£Perent Apportionment of the Number
of Representatives to be chosen in and for those Parts or the
Province of Canada which now constitute the said Provinces
of Upper and Lower Canada respectively, and in and for the
several Districts, Counties, Ridings, and Towns in the same,
and to alter and regulate the Appointment of Returning Officers
in and for the same, and make Provision, in such Manner as they
may deem expedient, for the issuing and Return of Writs for
the Election of Members to serve in the said Legislative Assem-
bly, and the Time and Place of holding such Elections : Pro-
vided always, that it shall not be lawful to present to the
Governor of the Province of Canada for Her Majesty's Assent
any Bill of the Legislative Council and Assembly of the said
Province by which the Number of Representatives in the Legis-
lative Assembly may be altered, unless the Second and Third
Reading of such Bill in the Legislative Council and the Legis-
lative Assembly shall have been passed with the Concurrence of
Two Thirds of the Members for the Time being of the said
Legislative Council, and of Two Thirds of the Members for the
Time being of the said Legislative Assembly respectively, and
the Assent of Her Majesty shall not be given to any such Bill
unless Addresses shall have been presented by the Liegislative
Council and the Legislative Assembly respectively to the Gover-
nor, stating that such Bill has been so passed.

XXVn. And be it enacted. That until Provisions shall
otherwise be made by an Act or Acts of the Legislature of the
Province of Canada all the Laws which at the Time of the
passing of this Act are in force in the Province of Upper Canada,
and all the Laws which at the Time of the passing of the said
) lb 2 Vict, c, 9. Act of Parliament, intituled An Ad to mahe ien^parary Provision

^or

Fnmao.

Tbe present
Election Laws
of the Two
ProviDces to
apply until
altered.

1840. Canada Gcvemmeni. Cap. 35. 193

fir Ae Chvemment of Lower Canada, were in force in the Pro-
vince of Z/ower Canada^ relating to the Qualification and Dis-
qnaliiication of any Person to be elected or to sit or vote as a
Member of the Assembly in the said Provinces respectively,
(except those which require a Qualification of Property in Can-
didates for Election, for which Provision is herein-after made,)
and relating to the Qualification and Disqualification of Voters
at the Election of Members to serve in the Assemblies of the
said Provinces respectively, and to the Oaths to be taken by any
such Voters, and to the Powers and Duties of Returning Offi-
cers, and the Proceedings at such Elections, and the Period
during which such Elections may be lawfully continued, and
relating to the Trial of controverted Elections, and the Proceed-
ings incident thereto, and to the vacating of Seats of Members^
and the issuing and Execution of new Writs in case of any Seat
being vacated otherwise than by a Dissolution of the Assembly,
shall respectively be applied to Elections of Members to serve
in the Legislative Assembly of the Province of Canada for Places
situated in those Parts of the Province of Canada for which
iuch Laws were passed.

XXVIIL And be it enacted. That no Person shall be capable Qualification of
of being elected a Member of the Legislative Assembly of the Members.
Province of Canada who shall not be legally or equitably seised
as of Freehold, for his own Use and Benefit, of Lands or Tene-
ments held in Free and Gimmon Socage, or seised or possessed,
for his own Use and Benefit, of Lands or Tenements held in
Fief or in Roture, within the said Province of Canada^ of the
Value of Five hundred Pounds of Sterling Money of Great
Britain^ over and above all Rents, Charges, Mortgages, and
Incumbrances charged upon and due and payable out of or
affecting the same ; and that every Candidate at such Election,
before he shall be capable of being elected, shall, if required by
any other Candidate, or by any Elector, or by the Returning
Officer, make the following Declaration :

' J A,B, do declare and testify. That I am duly seised at Law Declaration of
' A or in Equity as of Freehold, for my own Use and Benefit, ^^j^^ " ^"^'

* of Lands or Tenements held in Free and Common Socage, [or

* duly seised of possessed, for my own Use and Benefit, of

* Lands or Tenements held in Fief or in Roture {as the Case

* may &),] in the Province of Canada, of the Value of Five

* hundred Pounds of Sterling Money of Great Britain, over and
' above; all Rents, Mortgages, Charges, and Incumbrances

* charged upon or due and payable out of or affecting the same;

* and that I have not coUusively or colourably obtained a Title
' to or become possessed of the said Lands and Tenements,

* or any Part thereof, for the Purpose of qualifying or enabling

* me to be returned a Member of the Legislative Assembly

* of the Province of CanadaJ*

XXIX. And be it enacted, That if any Person shall know- Persons making
ingly and wilfully make a false Declaration respecting his *^aise peclara-
Qudification as a Candidate at any Election as aforesaid, thTpeniUU«» gf
wAx P$rsoQ shall be deemed to be guilty of a Misdemeanor, Peijury.

N 4 ro4

104

Cap. 35.

Canada Government.

3 8c 4 Vict.

Place and
Times of hold-
ing Parliament.

Duration of
Parliament.

First calling ^
together of the
Iiegislature.

Election of the
Speaker.

Quorum-

Division.

Catting Vote.

and being thereof lawfully convicted shall suffer the like Pains
and Penalties as by Law are incurred by Persons guilty of
wilful and corrupt Perjury in the Place in which such false
Declaration shall have been made.

XXX. And be it enacted, That it shall be lawful for the
Governor of the Province of Canada for the Time being to
fix such Place or Places within any Part of the Province of
Canada^ and such Times for holding the First and every other
Session of the Legislative Council and Assembly of the said
Province, as he may think fit, such Times and Places to be
afterwards changed or varied as the Governor may judge
advisable and most consistent with general Convenience and
the Public Welfare, giving suflBcient Notice thereof; and also
to prorogue the said Legislative Council and Assembly from
Time to Time, and dissolve the same, by Proclamation or
otherwise, whenever he shall deem it expedient.

XXXI. And be it enacted. That there shall be a Session
of the Legislative Council and Assembly of the Province of
Canada once at least in every Year, so that a Period of Twelve
Calendar Months shall not intervene between the last Sitting
of the Legislative Council and Assembly in One Session and
the First Sitting of the Legislative Council and Assembly in
the next Session ; and that every Legislative Assembly of the
said Province hereafter to be summoned and chosen shall con-
tinue for Four Years from the Day of the Return of the
Writs for choosing the same, and no longer, subject never-
theless to be sooner prorogued or dissolved by the Governor
of the said Province.

XXXII. And be it enacted, That the Legislative Council
and Assembly of the Province of Canada shall be called toge-
ther for the First Time at some Period not later than bix
Calendar Months after the Time at which the Provinces of
Upper and Lower Canada shall become re-united as aforesaid.

XXXIII. And be it enacted, That tlie Members of the
Legislative Assembly of the Province of Canada shall, upon
the First Assembling after every General Election, proceed
forthwith to elect One of their Number to be Speaker; and in
case of his Death, Resignation, or Removal by a Vote of the
said Legislative Assembly, the said Members shall forthwith
proceed to elect another of such Members to be such Speaker ;
and the Speaker so elected shall preside at all Meetings of
the said Legislative Assembly.

XXXIV. And be it enacted, That the Presence of at
least Twenty Members of the Legislative Assembly of the
Province of Canada^ including the Speaker, shall be necessary
to constitute a Meeting of the said Legislative Assembly for the
Exercise of its Powers ; and that all Questions which shall arise
in the said Assembly shall be decided by the Majority of
Voices of such Members as shall be present, other than the
Speaker, and when the Voices shall be equal the Speaker shall

have the casting Voice.

XXXV. And

1840. Canada GaoemmenL Cap. 85. 195

XXXV. And be it enacted. That no Memberi either of the No Monber to
Leridative Council or of the Legislative Assembly of the Pro- f* «f ^oj« "til

' o r^ * 1111 ^'i "^ 1 .he hai taktn the

Tince of Canada^ shall be permitted to sit or vote therein foHowiDg Oath
until he shall have taken and subscribed the following Oath oTAU^gjaiiec.
before the Governor of the said Province, or before some Per-
son or Persons authorized by such Governor to administer
such Oath :
J A. B. do sincerely promise and swear, That I will ^!tf^.^

be faithful and bear true Allegiance to Her Majesty -^^f"""***
Queen Victoriot as lawful Sovereign of the United Kingdom
of Great Britain and Ireland^ and of this Province of Canadoy
dependent on and belonging to the said United Kingdom ;
and that I will defend Her to the utmost of my Power
against all traitorous Conspiracies and Attempts whatever
which shall be made against Her Person, Crown, and Dignity ;
and that I will do my utmost Endeavour to disclose and
make known to Her Majesty, Her Heirs and Successors,
all Treasons and traitorous Conspiracies and Attempts which
I shall know to be against Her or any of them ; and all this
I do swear without any Equivocation, mental Evasion, or
secret Reservation, and renouncing all Pardons and Dispen-
sations from any Person or Persons whatever to the con-
trary. So help me GOD.*
XaXVI. And be it enacted. That every Person autho- Affirmation in-
rized by Law to make an Affirmation instead of taking an ■'•^^"••^
Oath may make such Affirmation in every Case in which an
Oath is herein-before required to be taken.

XXXVn. And be it enacted. That whenever any Bill which Ghmg or with-
has been passed by the Legislative Council and Assembly of J^'naS.^"*"'
the Province of Canada shall be presented for Her Majesty's
Assent to the Governor of the said Province, such Governor
shall declare^ according to his Discretion, but subject never-
theless to the Provisions contained in this Act, and to such
Instructions as may from Time to Time be given in that
Behalf by Her Majesty, Her Heirs or Successors, that he
assents to such Bill in Her Majesty's Name, or that he with-
holds Her Majesty's Assent, or that he reserves such Bill
for the Signification of Her Majesty's Pleasure thereon.

XXX Yin. And be it enacted. That whenever any Bill DUanowance of
which shall have been presented for Her Majesty's Assent to ^'^^ nKnud
the Governor of the said Province of Canada shall by such ^
Governor have been assented to in Her Majesty's Name, such
Governor shall by the first convenient Opportunity transmit
to One of Her Majesty's Principal Secretaries of State an
authentic Copy of such Bill so assented to ; and that it shall be
lawful, at any Time within Two Years after such Bill shall
have been so received by such Secretary of State, for Her
Majesty, by Order in Council, to declare Her Disallowance
of such Bill ; and that such Disallowance, together with a
Certificate under the Hand and Seal of such Secretary of States
^rtifymg the Day on which such Bill was received as afore-
^d, being signified by such Governor to the Legislative

Council

196

Cap. 86.

Canada Gcv&mment.

3 & 4 Vict.

Assent to Bills]
reserved.

Authority of
the GoTemor*

Council and Assembly oi Canada^ by Speech or Message to
the L^sladve Council and Assembly of the said Province, or
by Proclamation, shall make void and annul the same from and
after the Day of such Signification.

XXXIX. And be it enacted. That no Bill whioh shall be
reserved for the Signification of Her Majesty's Pleasure thereon
shall have any Force or Authority within the Province of
Qxnada until the Governor of the said Province shall signify,
either by Speech or Message to the Legislative Council and
Assembly of the said Province, or by Proclamation, that such
Bill has been laid before Her Majesty in Council, and that Her
Majesty has been pleased to assent to the same ; and that an
Entry shall be made in the Journals of the said Legislative
Council of every such Speech, Messaoe, or Proclamation, and
a Duplicate thereof, duly attested, shall be delivered to the
proper OflScer, to be kept among the Records of the said Pro-
vince ; and that no Bill which shall be so reserved as aforesaid
shall have any Force or Authority in the said Province unless
Her Majesty's Assent thereto shall have been so signified" as
aforesaid within the Space of Two Years from the Day on
which such Bill shall have been presented for Her Majesty's
Assent to the Governor as aforesaid.

XL. Provided always, and be it enacted, That nothing herein
contained shall be construed to limit or restrain the Exercise of
Her Majesty's Prerogative in authorizing, and thatnotwithstand*
ing this Act, and any other Act or Acts passed in the Parliament
of Great Britain^ or in the Parliament of the United Kingdom
of Great Britain and Irelandf or of the Legislature of the Pro-
vince of Quebecj or of the Provinces of Upper or Lower Canada
respectively, it shall be lawful for Her Majesty to authorize the
Lieutenant Governor of the Province of Canada to exercise and
execute, within such Parts of the said Province as Her Majesty
shall think fit, notwithstanding the Presence of the Governor
within the Province, such of the Powers, Functions, and Autho-
rity, as well judicial as other, which before and at the Time of
passing of this Act were and are vested in the Governor, Lieu-
tenant Grovernor, or Person administering the Government of
the Provinces of Upper Canada and Lower Canada respectively,
or of either of them, and which from and after the said Re^
union of the said Two Provinces shall become vested in the
Governor of the Province of Canada; and to authorize the
Governor of the Province of Canada to assign, depute, substi-
tute, and appoint any Person or Persons, jointly or severally, to
be his Deputy or Deputies within any Part or Parts of the
Province of Canada^ and in that Capacity to exercise, perform,
and execute during the Pleasure of the said Governor such of
the Powers, Functions, and Authorities, as well judicial as
other, as before and at the Time of the passing of this Act
were and are vested in the Governor, Lieutenant Governor,
or Person administering the Government of the Provinces of
U^9per and Lower Canada respectively, and which from and
fifter the Uviiop of the said Province^ shall b^om^ vested in

thp

1840. Canada Government. Cap. 35. I9t

the G<yvemor of the Province of Canada^ as die Governor of the
Province of Ccafiada shall deem to be necessary or expedient z
Provided always, that by the Appointment of a Deputy or
Deputies as aforesaid the Power and Authority of the Governor
of the Province of Canada shall not be abridged, altered, or
in any way affected otherwise than as Her Majesty shall think
proper to direct.

XLI. And be it enacted. That from and after the said Re- Langujige of
union of the said Two Provinces all Writs, Proclamations, In- i*^*^^*
struments for summoning and calling together the Legislative .^^^r^^^^^^/^//^i
Council and Legislative Assembly of the Province of Canada^ /^^Z^
and ffM* proroguing and dissolving the same, and all Writs of
Sammons and Election, and all Writs and public Instruments
whatsoever relating to the said Legislative Council and Legis-
lative Assembly, or either of them, and all Returns to such
Writs and Instruments, and all Journals, Entries, and written
or printed Proceedings, of what Nature soever, of the said
L^slative Council and Legislative Assembly, and of each of
them respectively, and all written or printed Proceedings and
Reports of Committees of the said Legislative CouncQ and
Legislative Assembly respectively, shall be in the English Lan-
guage only : Provided always, that this Enactment shall not be
construed to prevent translated Copies of any such Documents
being made, but no such Copy shall be kept among the Records
of the Legislative Council or Legislative Assembly, or be
deemed in any Case to have the Force of an original Record.

XLII. And be it enacted. That whenever any Bill or Bills Ecclcaasticd

»ball be passed by the Legislative Council and Assembly of the ^giJ^J]''^

Province of Canada^ containing any Provisions to vary or repeal

any of the Provisions now in force contained in an Act of the

Parliament of Great Britain passed in the Fourteenth Year of

the Reign of His late Majesty King George the Third, intituled

An Jet Jbr makinff more effectual Provision for the Government of ^^ ^* s« c ss.

Ae Province of Quebec in North America, or in the aforesaid

Acts of Parliament passed in the Thirty-first Year of the same

Reign, respecting the accustomed Dues and Rights of the

Clergy of the Church of Borne ; or to vary or repeal any of the

serend Provisions contained in the said last«mentioned Act,

respecting the Allotment and Appropriation of Lands for the

Support of the Protestant Clergy within the Province oi Canada^

w respecting the constituting, erecting, or endowing of Par-

wnages or Rectories within the Province of Canada^ or respect-

ii^ the Presentation of Incumbents or Ministers of the same» or

i^«pecting the Tenure on which such Incumbents or Ministers

sbdl hold or enjoy the same; and also that whenever any Bill

or BQls shall be passed containing any Provisions which shall in

8ny Manner relate to or affect the Enjoyment or Exercise of

*ny Form or Mode of Religious Worship, or shall impose or

^te any Penalties, Burdens, Disabilities, or Disqualifications

^ respect of the same, or shall in any Manner relate to or

'^ect the Payment, Recovery, or Enjoyment of any of the

^c^tomed Dues or Rights herein-before mentioned, or shall

198

Cap. 85.

Canada Government,

3 & 4 Vict.

Colonial

Taxation*

18 G. 3. c. 12.

in any Manner relate to the granting, imposing, or recovering
of any other Dues, or Stipends, or Emoluments, to be paid to
or for the Use of any Minister, Priest, Ecclesiastic, or Teacher,
according to any Form or Mode of Religious Worship, in re-
spect of his said Office or Function ; or shall in any Manner
relate to or affect the Establishment or Discipline of the United
Church of EnglaTid and Ireland among the Members thereof
within the said Province ; or shall in any Manner relate to or
affect Her Majesty's Prerogative touching the granting of Waste
Lands of the Crown within the said Province ; every such Bill
or Bills shall, previously to any Declaration or Signification of
Her Majesty's Assent thereto, be laid before both Houses of
Parliament of the United Kingdom of Great Britain and Ire-
land; and that it shall not be lawful for Her Majesty to signify
Her Assent to any such Bill or Bills until Thirty Days after the
same shall have been laid before the said Houses, or to assent
to any such Bill or Bills in case either House of Parliament
shall, within the said Thirty Days, address Her Majesty to
withhold Her Assent from any such Bill or Bills ; and that no
such Bill shall be valid or effectual to any of the said Purposes
within the said Province of Canada unless the Legislative
Council and Assembly of such Province shall, in the Session in
which the same shall have been passed by them, have presented
to the Governor of the said Province an Address or Addresses
specifying that such Bill or Bills contains Provisions for some
of the Purposes herein-before specially described, and desiring
that, in order to give Effect to the same, such Bill or Bills may
be transmitted to England without Delay, for the Purpose of its
being laid before Parliament previously to the Signification of
Her Majesty's Assent thereto.

XLHI. * And whereas by an Act passed in the Eighteenth
Year of the Reign of His late Majesty King George the Third,
intituled An Act for removing all Doubts and Apprehensions
concerning Taxation by the Parliament of Great Britain in any
of the Colonies^ Provinces^ and Plantations in North America
and the West Indies; and for repealing so much of an Act made
in the Seventh Year of the Reign of His present Majesty as
imposes a Duty on Tea imported from Great Britain into any
Colony or Plantation in America, or relating thereto^ it was
declared, that " the King and Parliament of Great Britain
would not impose any Duty, Tax, or Assessment whatever,
payable in any of His Majesty's Colonies, Provinces and
Plantations in North America or the West Indies^ except only
such Duties as it might be expedient to impose for the Regu-
lation of Commerce, the net Produce of such Duties to be
always paid and applied to and for the Use of the Colony,
Province, or Plantation in which the same shall be respec-
tively levied, in such Manner as other^^Duties collected by the
Authority of the respective General Courts or General Assem-
blies of such Colonies, Provinces, or Plantations were ordi-
narily paid and applied:" And whereas it is necessary, for
the general Benefit of the Empire, that such Power of Regu-

* lation

1840. Canada Government. Cap. 35. 199

^ ktion of Commerce should continue to be exercised by Her

* Majesty and the Parliament of the United Kingdom of Great
' Britain and Ireland, subject nevertheless to the Conditions
' herein-before recited with respect to the Application of any

* Duties which may be imposed for that Purpose;* be it there-
fore enacted, That nothing in this Act contained shall prevent
or affect the Execution of any Law which hath been or shall
be made in the Parliament of the said United Kingdom for
establishing Regulations and Prohibitions, or for the imposing,
levying, or collecting Duties for the Regulation of Navigation,
or for the Regulation of the Commerce between the Province
of Canada and any other Part of Her Majesty's Dominions, or
between the said Province of Canada or any Part thereof and
any Foreign Country or State, or for appointing and directing
the Payment of Drawbacks of such Duties so imposed, or to
give to Her Majesty any Power or Authority, by and with the
Advice and Consent of such Legislative Council and Assembly
of the said Province of Canada^ to vary or repeal any such Law
or Laws, or any Part thereof, or in any Manner to prevent or
obstruct the Execution thereof: Provided always, that the net
Produce of aU Duties which shall be so imposed shall at all
Times hereafter be applied to and for the Use of the said Pro-
vince of Canada, and (except as herein-after provided) in such
Manner only as shaU be directed by any Law or Laws which
may be made by Her Majesty, by and with the Advice and
Consent of the Legislative Council and Assembly of such
Province.

XLIV. * And whereas by the Laws now in force in Ae said Courts of Ap-
Province of Upper Canada the Governor, Lieutenant Grover- ^» ^^^^'k
nor, or Peraon administering the Government of the said andChwiceiy^ia
Province, or the Chief Justice of the said Province, together Upper Canada ;
with any Two or more of the Members of the Executive ^^^ ^"."^ ®^
Council of the said Province, constitute and are a Court of LoSert^ada.
Appeal for hearing and determining all Appeals from such
Judgments or Sentences as may lawfully be brought before
them: And whereas by an Act of the Legislature of the said
Province of Upper Canada, passed in the Thirty-third Year of
the Reign of His late Majesty King George the Third, inti-
tuled An Act to establish a Court of Probate in the said PrO' (Laws of Upper
vince, cmd also a Surrogate Court in every District tfiereof, there Caii^,^S3G.3,
was and is established a Court of Probate in the said Pro-
vince, in which Act it was enacted that the Governor, Lieu-
tenant Governor, or Person administering the Government
of the said last-mentioned Province should preside, and that
he should have the Powers and Authorities in the said Act
specified : And whereas by an Act of the Legislature of the
said Province of Upper Canada, passed in the Second Year of
the Reign of His late Majesty King William the Fourth, inti-
tuled An Act respecting the Time and Place of Sitting of the (Laws of
Court of Kin^s Bench, it was among other things enacted, that ^^^4.0!?.)
His Majesty's Court of King's Bench in that Province should
be holden in a Place certain ; that is, in the City, Town, or

« Place

900

Cap. 35.

Canada Government.

3 & 4 Vicr.

(IaW8 of

Upper Canada,
7 W. 4. c. 2.)

(Laws of
Lower Canada,
34 G. 3.)

Place which should be for the Time being the Seat of the
Civil Government of the said Province or within One Mile
therefrom : Arid whereas by an Act of the Legislature of the
said Province of Upper Canada^ passed in the Seventh Year of
the Reign of BUs late Majesty King I^Uliam the Fourth, inti^
tuled Jn Act to establish a Qmrt of Chancery in this Province^
it was enacted, that there should be constituted and estab-
lished a Court of Chancery, to be called and known by the
Name and Style of " The Court of Chancery for the Pro-
vince of Upper Canada,** of which Court the Governor, Lieu«*
tenant Governor, or Person administering the Government of
the said Province should be Chancellor; and which Court it
was also enacted, should be holden at the Seat of Government
in the said Province, or in such other Place as should be ap*
pointed by Proclamation of the Governor, Lieutenant GtH
vemor, or Person administering. the Government of the said
Province : And whereas by an Act of the Legislature of the
Province of Lower Canada, passed in the Thirty-fourth Year
of the Reign of His late Majesty King Oeorffe the Third,
intituled Jn Act for the Division of the Province of Lower
Canada, for amending the Judicature tliereof and for repeaUng
certain Laws therein mentioned, it was enacted, that the Go-
vernor, Lieutenant Governor, or the Person administering the
Government, the Members of the Executive Council of the
said Province^ the Chief Justice thereof, and the Chief Justice
to be appointed for the Court of King's Bench at Montrealj
or any Five of them, the Judges of the Court of the District
wherein the Judgment appealed from was given excepted,
should constitute a Superior Court of Civil Jurisdiction, or
Provincial Court of Appeals, and should take cognisance of,
hear, try, and determine all Causes, Matters, and Things ap-
pealed from all Civil Jurisdictions and Courts wherein an
Appeal is by Law allowed;' be it enacted, That until other-
wise provided by an Act of the Legislature of the Province of
Canada, all judicial and ministerial Authority which before and
at the Time of passing this Act was vested in or might be
exercised by the Governor, Lieutenant Governor, or Person
administering the Government of the said Province of Upper
Canada, or the Members or any Number of the Members of
the Executive Council of the same Province, or was vested in
or might be exercised by the Governor, Lieutenant Governor,
or the Person administering the Government of the Province
of Lower Canada, and the Members of the Executive Council of
that Province, shall be vested in and may be exercised by the
Governor, Lieutenant Governor, or Person administering the
Government of the Province of Canada, and in the Members
or the like Number of the Members of the Executive Council
of the Province of Cana^ respectively; and that, until other-
wise provided by Act or Acts of the Legislature of the Province
of Canada, the said Court of King's Bench, now called the
Court of Queen's Bench of Upper Canada, shall from and after
the Union of the Provinces of Upper and Lower Canada be

holden

IMO. CamAi Ocvifnami. Cap.86« 901

holden at the City of Tcronio^ or within One Mile from the
Municipal Boundary of the said City oS Toronto: Provided
always, that, until otherwise provided by Act or Acta of the
Legislature of the Province of Canada^ it shall be lawful for the
Governor of the Province of Canada^ by and with the Advice
and Consent of the Executive Council of the same Province,
by his Proclamation to fix and appoint such other Place as he
may think fit within tliat Part of the last^mendoned Province
vhich now constitutes the Province of Upper Canada for the
holding of the said Court of Queen's Bench.

XLV. And 'be it enacted, That all Powers, Authorities, and Powentobe
Functions which by the said Act passed in the Thirty-first Year e^^'Sdth
of the Reign of His late Majesty King (horge the Third, or by the Executive
any other Act of Parliament, or by any Act of the Legisla- CouncU or
ture of the Provinces of Upper and Lo^oer Canada respectively, ^^^
are vested in or are authorized or required to be exarcised by
the respective Governors or Lieutenant Governors of the said
pR>vincefi, with the Advioe or with the Advice and Consent of
the Executive Council of such Provinces respectively, or in
conjunction with such Executive Council, or with any Number
of the Members thereof, or by the said Governors or Lieutenant
Governors individually and alone, shall^ in so far as the same
are not repugnant to or inconsistent with the Provision of this
Act, be vested in and may be exercised by the Governor of the
Provmce of Canada^ with the Advice or with the Advice and
Coiiaent of, or in conjunction, as the Case may require, with
such Executive Council, or any Members thereof, as may be
appointed by Her Majesty for the Afiairs of the Province of
Camdoj or by the said Governor of the Province of Canada
individually and alone in Cases where the Advice, Consent, or
Concurrence of the Executive Council is not required*

XLVL And be it enacted. That all Laws, Statutes, and Exiting Uws
Ordinances which a the Time of the Union of the Provinces **
of Upper Canada and Lower Canada shall be in force within the
said Provinces or either of them, or any Part of the said Pro-*
vinces respectively, shall remain and continue to be of the same
Force, Authority, and Effect in those Parts of the Province of
Canada which now constitute the s&id Provinces respectively
as if this Act had not been made, and as if the said Two Pro*
vinces had not been united as aforesaid, except in so &r as the
same are repealed or varied by this Act, or in so far as the same
shall or may hereafter, by virtue and under the Authority of
this Act, be repealed or varied by any Act or Acts of the Legi»«
latare of the Provibce of Canada.

XLVII. And be it enacted, That all the Courts of Civil and Court, of Ju*.
Criminal Jurisdiction within the Provinces of Upper and Lower ^' ^oS^^
Omada at the Time of the Union of the said Provinces, and all &c.
1^ Commissions, Powers, and Authorities, and all Officers^
jndieial, administrative, or ministerial, within the said Provinces
respectively, except in so far as the same may be abolished,
altered, or varied by or may be inconsistent wid^ the Provisions
^ this Act^ or shall be abolished, altered^ or varied by any

Act

202

Cap. 35.

Canada Government.

8 & 4 Vict.

FroTision
tpecting tem-
porary Acts.

Repeal of

Part of

S 6.4.0.119.

Revenucfoftho
Two Pnmneet
to forma Con-
solidated Re-
TcDue Fund of
the ProTinee
of Canada.

CoDMolidated
Revenue Fund
to be charged
withEzpenoeof
Collection and

45,00011 to be
granted per*
manentlyi for

Act or Acts of the Legislature of the Provixice of CaiutdOf shall
continue to subsist within those Parts of the Province of Canada
which now constitute the said Two Provinces respectively, in
the same Form and with the same Effect as if this Act had not
been made^ and as if the said Two Provinces had not been re-
united as aforesaid.

XLVIII. ^ And whereas the Legislatures of the said Pro-

* vinces of Upper and Lower Canada have from Time to Time
^ passed Enactments,, which Enactments were to continue in

* force for a certain Number of Years after the passing thereof^

< << and from thence to the End of the then next ensuing Ses-

* sion of the L^islature of the Province in which the same

* were passed;"' be it therefore enacted, That whenever the
Words " and from thence to the End of the then next ensuing
Session of the Legislature," or Words to the same Effect, have
been used in any temporary Act of either of the said Two Pro-
vinces which shall not have expired before the Re-union of the
said Two Provinces, the said Words shall be construed to extend
and apply to the next Session of the Legislature of the Province
of Canada.

XLIX. < And whereas by a certain Act passed in the Third

* Year of the Reign of His late Majesty King George the Fourth,

< intituled An Act to regulate the Trade ofOie Provinces of Lower
' and Upper Canada, and for other Purposes rdating to the said

< Provinces^ certain Provisions were made for appointing Arbitra-

< tors, with Power to hear and determine certain Claims of the

* Province of Upper Canada upon the Province of Lower Canada^

< and to hear any Claim which might be advanced on the Part

< of the Province of Upper Canada to a Proportion of certain

< Duties therein mentioned, and for prescribing the Course of

* Proceeding to be pursued by such Arbitrators ;' be it enacted,
That the said recited Provisions of the said last-mentioned Act,
and all Matters in the same Act contained which are conse-
quent to or dependent upon the said Provisions or any of them,
shall be repealed.

L. And be it enacted, That upon the Union of the Provinces
of Ujy)er and Lower Canada all Duties and Revenues over which
the respective Legislature? of the said Provinces before and at
the Time of the passing of this Act had and have Power of
Appropriation shall form one Consolidated Revenue Fund, to
be appropriated for the Public Service of the Province of
Canada^ in the Manner and subject to the Charges herein-after
mentioned*

LI. And be it enacted. That the said Consolidated Revenue
Fund of the Province of Canada shall be permanently charged
with all the Costs, Charges, and Expences incident to the Col-
lection, Management, and Receipt thereof, such Costs, Charges,
and Expences being subject nevertheless to be reviewed and
audited in such Manner as shall be directed by any Act of the
Liegislature of the Province of Canada.

JM. And be it enacted. That out of the Consolidated Revenue
Fund of the Ftovmce of Canada there shall be payable in every

Year

1840. Canada Giwmmeni. Cap. 35* 203

Year to Her Majesty, Her Heirs and Successors, the Sum of the Sendees in

Forty-five thousand rounds, for defraying the Expence of the ^j^"*^,^"#

seTerai Services and Purposes named in the Schedule marked A. 2be Life of Har

to this Act annexed ; and during the Life of Her Majesty, and Majesty and

for Five Years after the Demise of Her Majesty, there shall .^'^p ^^^

be payable to Her MajesQr, Her Heirs and Successors, out of in^hedde S*

the said Consolidated Revenue Fund, a further Sum of Thirty

thousand Pounds, for defraying the Expence of the several

Services and Purposes named in the Schedule marked B. to

this Act annexed ; the said Sums of Forty-five thousand Pounds

and Thirty thousand Pounds to be issued by the Receiver

General in discharge of such Warrant or Warrants as shall be

from Time to Time directed to him under the Hand and Seal

of the Governor ; and the said Receiver General shall account

to Her Majesty for the same, through the Lord High Treasurer

or Lords Commissioners of Her Majesty's Treasury, in such

Manner and Form as Her Majesty shall be graciously pleased

to direct.

£nL And be it enacted, That, until altered by any Act of How the Ap-
the Legislature of the Province of Canada^ the Salaries of the propri«tion rf
Governor and of the Judges shall be those respectively set n»ybewied.
against their several Offices in the said Schedule A. ; but that
it shall be lawful for the Governor to abolish any of the Offices
named in the said Schedule B., or to vary the Sums appro-
priated to any of the Services or Purposes named in the said
Schedule B. ; and that the Amount of Saving which may accrue
from any such Alteration in either of the said Schedules shall
be appropriated to such Purposes connected with the Adminis-
tration of the Government of the said Province as to Her Mar
jesty shall seem fit ; and that Accounts in detail of the Expen-
diture of the several Sums of Forty-five thousand Pounds and
Thirty thousand Pounds herein-before granted, and of every
Part thereof, shall be laid before the Legislative Council and
Legislative Assembly of the said Province within Thirty Days
next after the Spinning of the Session after such Expenditure
shall have been made: Provided always, that not more than
Two thousand Pounds shall be payable at the same Time for
Pensions to the Judges out of the said Sum of Forty-five thou-
nnd Pounds, and that not more than Five thousand Pounds
>hall be payable at the same Time for Pensions out of the said
Sum of Thirty thousand Pounds ; and that a List of all such
Pensions, and of the Persons to whom the same shall have been
granted, shall be laid in every Year before the said Legislative
Council and Legislative Assembly.

LIV. And be it enacted, That, during the Time for which Surrender of
the said several Sums of Forty-five thousand Pounds and Thirty Herediury
thousand Pounds are severally payable the same shall be ac- the'^ciotra?
cepted and taken by Her Majesty by way of Civil List, instead
of all Territorial and other Revenues now at the Disposal of
the Crown, arising in either of the said Provinces of Upper
Canada or Lower Canada^ or in the Province of Canada^ and
that Three Fifths .of. the net Produce of the said Territorial
[No.l4. Pncf 2A] O and

204 Cap. 35. Canada Government. 3 & 4 Vict.

and other Revenues now at the Disposal of the Crown within

the Province of Canada shall be paid over to the Account of

the said Consolidated Revenue Fund; and also during the Life

of Her Majesty, and for Five Years after the Demise of Her

Majesty, the remaining Two Fifths of the net Produce of the

said Territorial and other Revenues now at the Diiq)osal of the

Crown within the Province of Canada shall be also paid over

in like Manner to the Account of the siud Consolidated

Revenue Fund.

Charges already LV. And be it enacted. That the Consolidation of the Duties

CTcated in either ^^j Revenues of the said Province shall not be taken to affect

"^^ the Payment out of the said Consolidated Revenue Fund of

any Sum or Sums heretofore charged upon the Rates and

Duties already raised, levied, and collected, or to be raised^

levied, and collected, to and for the Use of either of the said

Provinces of Upper Canada or I/noer Canada^ or of the Province

of Canada^ for such Time as shall have been appointed by the

several Acts of the Legislature of the Province by which such

Charges were severally authorized.

The Order of L Vl. And be it enacted, That the Expences of the Collec-

c^Sdated** ^^^ Management, and Receipt of the said Consolidated Re-

Fnnd to be : venuc Fund shall form the First Charge thereon ; and that the

— 1st Expence annual Interest of the Public Debt of the Provinces of Upper

2d.^ln^rt of *°^ ""^^^ Canada, or of either of them, at the Time of the

the Debt; Re»union of the said Provinces, shall form the Second Charge

sd. Payments thereon ; and that the Payments to be made to the Clergy of

4'th**'and^^' the United Church of England and Ireland, and to Clergy of

Civil List; the Church of Scothmdy and to Ministers of other Christian

6th. Other Denominations, pursuant to any Law or Usage whereby such

madera UiT^^ Payments, before or at the Time of passing Ais Act, were or

FubUcRevenue. Are legally or usually paid out of the Public or Crown Revenue

of either of the Provinces of Upper and Lower Canada, shall
form the Third Charge upon the said Consolidated Revenue
Fund ; and that the said Sum of Forty-five thousand Pounds
shall form the Fourth Charge thereon; and that the said Sum
of Thirty thousand Pounds, so long as the same shall continue
to be payable, shall form the Fifth Charge thereon ; and that
the other Charges upon the Rates and Duties levied within the
said Province of Casiada herein-before reserved shall form the
Sixth Charge thereon, so long as such Charges shall continue
to be payable.
Subject to the LVIL And be it enacted. That, subject to the several Pky-
2e c<^ii?"' ments hereby charged on the said Consolidated Revenue Fund,
dated Revenue ^^ ^me shall be appropriated by the Legislature of the Pro-
Fund to be ap. vince of Canada for the Public Service, in such Manner as they
the^Pro^n^il shall think proper : Provided always, that all Bills for appro-
Legislature bj priating any Part of the Surplus of the said Consolidated
Biiisoriginating Revenue Fund, or for imposing any new Tax or Impost, shall

A«I^w''"rr ""^ ^"g""*^® i^ ^'^^ Legislative Assembly of the said Province of
o^^ 4com. Canada : Provided also, that it shall not be lawful for the said
mended by the Legislative Assembly to originate or pass any Vote, Resolution^
Governor. ^j^ ^fli fo^ the Appropriation of any Part of the Surplus of the

said

18iO. Canada Government. Cap. 35. 205

said Consolidated Revenue Fund, or of any other Tax or
Impost) to any Purpose wiiicli shall not have been first recom*
mended by a Message of the Governor to the said Legislative
Assembly during the Session in which such Vote, Resolution,
or Bill shall be passed.

LVIII. And be it enacted. That it shall be lawful for the Towuhips to
Governor, by an Instrument or Instruments to be issued by be constituted,
him for that Purpose under the Great Seal of the Province, to
constitute Townships in those Parts of the Province of Canada
in which Townships are noc already constituted, and to fix the
Metes and Bounds thereof, and to provide for the Election and
Appointment of Township Officers therein, who shall have and
exercise the like Powers as are exercised by the like Officers in
the Townships already constituted in that Part of the Province
of Canada now called Upper Canada ; and every such Instru*
ment shall be published by Proclamation, and shall have the
Force of Law from a Day to be named in each Case in such
Proclamation.

LIX. And be it enacted, That all Powers and Authorities Fowcn of Go-
expressed in this Act to be given to the Governor of the Pro- ▼emortobe.
vince of Canada shall be exercised by such Governor in con- to^wtruSiottr
formity with and subject to such Orders, Instructions, and of Her Majesty.
Directions as Her Majesty shall from Time to Time see fit to
make or issue.
LX. < And whereas His late Majesty King George the Third, Magdalen
by His Royal Proclamation, bearing Date the Seventh Day of l«i«n^inay be
October in the Third Year of Ills Reign, was pleased to Mand of Prince
declare that He had put the Coast of I/dyradoT^ from the Edward.
River Saint John to HudsoTis Straits, with the Islands of
Aaticosti and Maddaine^ and all other smaller Islands lying
on the said Coast, under the Care and Inspection of the
Governor of Newfoundland : And whereas by an Act passed
in the Fourteenth Year of the Reign of His said late Majesty,
intituled jln Act fir making more effectual Provision for tiie 14 G. s. c. ss.
Government of the Province ^Quebec in North America, all
such Territories, Islands, and Counties which had, since the
Tenth Day of February in the Year One thousand seven
hundred and sixty-tliree, been made Part of the Govern-
ment of Newfoundland^ were during His Majestjr's Pleasure
annexed to and made Part and Parcel of the Province of
Qjiuhecj as created and established by the said Royal Pro-
clamation;' be it declared and enacted. That nothing in this
or any other Act contained shall be construed to restrain Her
Majesty, if She shall be so pleased, from annexing the Magdalen
hkads in the Gulf of Saint Lawrence to Her Majesty's Island of
Priaa Edward. «

LXI. And be it enacted. That in this Act, unless otherwise interpretation
expressed therein, the Words " Act of the Legislature of the Clauie.
Province of Ccaiada** are to be understood to mean ^^ Act of
Her Majesty, Her Heirs or Successors^ enacted by Her Majesty,
or by the Governor on behalf of Her Majesty, with the Advice
and Consent of the Legislative Council and Assembly of the

O 2 Province

altered this
Session.

206 Cap. 35. Canada Government. 3 & 4 Vict

Province of Canada ;" and the Words " Governor of the Pro-
vince of Canada^* are to be understood as comprehending the
Governor, Lieutenant Governor, or Person authorized to exe-
cute the Office or the Functions of Governor of the said
Province.
Act may be LXIL And be it enacted. That this Act may be amended

or repealed by any Act to be passed in the present Session of
Parliament.

SCHEDULES.

SCHEDULE A. £

m

Governor - - - . - -' 7,000

Lieutenant Governor . . - . 1,000

Upper Canada.

1 Chief Justice .... 1,500

4 Puisne Judges, at 900/. each ... 8^600

1 Vice Chancellor .... 1,125

Lower Canada.

1 Chief Justice, Quebec - - - 1,500

3 Puisne Judges, Quebec, at 9002. each - - 2,700

1 Chief Justice, Montreal - - - - 1,100

3 Puisne Judges, Montreal, at 900/. each - - 2,700

1 Resident Jud^e at Three Rivers ... 900

1 Judge of the Inferior District of St Francis - - 500

1 Judge of the Inferior District of Gaspe - - 500
Pensions to the Judges, Salaries of the Attomies and
Solicitors General, and Contingent and Miscellaneous
Expences of Administration of Justice throughout the
Province of Canada - - - - 20,875

jf 45,000

SCHEDULE B.

Civil Secretaries and their Offices

- 8,000

Provincial Secretaries and their Offices

- 8,000

Receiver General and his Office

- 3,000

Inspector General and his Office . . _

- 2,000

Executive Council _ - _

- 3,000

Board of Works _ - - _

- 2,000

Emigrant Agent - - - "

700

Pensions - - - ' -

- 5,000

Contingent Expences of Public Offices

- 3,800

^£"30,000

1840. Timber Ships. Cap. 86. 207

CAP. XXXVI.

An Act for preventing Ships clearing out from a British
North American Port loading any Part of their Cargo
of Timber upon Deck. [23d Jult/ 1840.]

^ T^HEREAS great Loss of Life and severe Sufferings have

* been occasioned amongst the Crews of Ships and Vessels

* laden with Timber and Wood Goods from British Ports in
^ America, from the Practice of having a Portion of the Cargo
^ of such Ships stowed on or above Deck:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by

the Authority of the same. That it shall not be lawful for any No Part of th«

Part of the Cargo of any Ship or Vessel wholly or in part laden ^?^^.?^^^

with Timber or Wood Goods, and clearing from any British ^Si Timber to

Port in North America^ or the Settlement oi Honduras, for any be placed oa

Port in the United Kingdom, between the First Day of Sep- **>« ^«'^*

tmifer and the First Day of May in each Year, to be stowed or

placed, during any Part of the Voyage, upon or above the Deck

of such Ship or Vessel ; and the Captain or Master of every

Ship or Vessel so laden, and clearing from any British Port in

Vcrih America^ or the Settlement of Honduras, for any Port in

the United Kingdom, between the said First Day of September

and First Day of May in each Year, shall not be permitted to

sail without first procuring a Certificate from the Clearing

Officer that all the Cargo is below Deck.

II. And be it enacted, That if any Captain, Owner, Super- Penalty for
cargo, or other Person having Command of any such Ship or plac"^«^imb«'
Vessel shall so place, or cause or permit to be so placed, any

Part of the Cargo, every such Captain, Owner, or Supercargo,
or other Person so ofiending, shall for every such Oifence forfeit
and pay any Sum not exceeding One hundred Pounds, to be
recovered before any Justice of the Peace or in any Court of
Record in the United Kingdom or in any of Her Majesty's Pos-
sessions abroad where the Offender may be : Provided always,
that nothing herein contained shall extend to prevent the carry-
ing upon Deck the necessary Store Spars for the Vessel's Use,
or the Removal on Deck of ar-Portion of the Cargo of such
Ship or Vessel, in Cases where he samfe may be rendered
necessary by the springing a Lea)c, or other Damage during
the Voyage, nor to any Ship which may have cleared out from
any Port in British jNorth America, or the Settlement of Hon--
duras, before the First Day of September, or within Seven Days
after Notice of this Act shall have been received at the Custom
House of the respective Ports.

III. And be it enacted, That this Act shall continue in force Continuance
iititil the First Day of May One thousand eight hundred and ^^ ^^^
forty-two.

IV. And be it enacted. That this Act may be amended or Act may be
i^pealed by any Act to be passed during the present Session of °^^^^^^
Parliament.

O 3

208 Cap. 87. East India Mutiny. 3 & 4 Vict

CAP. XXXVII.

An Act to consolidate and amend the Laws for
lunishing Mutiny and Desertion of Officers and
loldiers in the Service of the East India Com-*
pany, and for providing for the Observance of
Discipline in the Indian Navy, and to amend the
Laws for regulating the Payment of Regimental
Debts, and the Distribution of the Effects of Officers
and Soldiers dying in Service. [4th August 1840.]

« l^HEREAS an Act was passed in the Fourth Year of the

< Reign of His late Majesty King George the Fourth, inti-
4 G. 4. c. 81. « tuled An Act to consolidate and amend the Laws for punishing

* Mutiny and Desertion of Officers and Soldiers in the Service of

* the East India Company, and to authorize Soldiers and Sailors in

* the East Indies to send and receive Letters at a reduced Rate of

< Postage, and it being requisite, for the retaining of such Forces

< in their Duty, that an exact Discipline be observed, and that

* Soldiers who shall mutiny or stir up Sedition, or shall desert

< the said Compan/s Service, be brought to a more exemplary

< and speedy Punishment than the usual Forms of the Law will

< allow;' be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Ck)mmon8, in this present Parlia-

Punishmeot ment assembled, and by the Authority of the same. That if any

/or Mutinv, Person who is or shall be commissioned or in Pay as an OflScer,

Desertion, and qj. ^j^q jg qj. gj^gji jjg listed or in Pay as a Non-commissioned

Milifai^ " OflBcer or Soldier in the Service of the said Company, shall, at
Crimes. any Time during the Continuance of this Act, begin, excite^

cause, or join in any Mutiny or Sedition in the Land or Marine
Forces of Her Majesty or of the said Company, or shall not use
his utmost Endeavours to suppress the same, or coming to the
Knowledge of any Mutiny or intended Mutiny shall not, with-
out Delay, give Information thereof to his Commanding Officer;
or shall cast away his Arms or Ammunition or otherwise
misbehave himself before the Enemy; or shall shamefully
abandon or deliver up any Garrison, Fortress, Post, or Guard
committed to his Char^, or which he shall be commanded to
defend ; 6r shall compel the Governor or Commanding Officer
of any Garrison, Fortress, or Post to deliver up to the Enemy
or to abandon the same ; or shall speak Words or use aiiy other
Means to induce such Governor or Commanding Officer, or
others, to misbehave towards the Enemy, or shamefully to
abandon or deliver up any Garrison, Fortress, Post, or Guard
committed to their respective Charge, which he or they shall
be commanded to defend ; or shall treacherously make known
the Watchword ; or shall intentionally occasion false Alarms in
Action, Camp, Garrison, or Quarters; or shall leave his Post^
for Plunder or otherwise, before relieved, or shall be found
sleeping on his Post ; or shall hold Correspondence with or give

Advice

1840. East India Mutiny. Cap, 37. 209

Advice or Intelligence to any Rebel or Enemy of Her Majesty
or the said Company, either by Letters, Messages, Signs, or
Tokens, in any Manner or Way whatsoever; or shall knowingly
harbour or protect such Rebel or Enemy, or shall treat or enter
into any Terms with such Rebel or Enemy, without the Licence
of the said Company or of the said Company's Governor General
in Council, or Governor in Council at any of their Presidencies,
or without the Licence of the General or Chief Commander ; or
who shall do Violence to any Person bringing Provisions or other
Necessaries to the Quarters of the Forces; or shall force a
Safeguard ; or shall strike or shall use or oifer any Violence
against his Superior Officer, being in the Execution ot his Office,
or shall disobey any lawful Command of his Superior Officer ; or
shall desert the said Company's Service ; all and every Person
and Persons so offending in any of the Matters before mentioned,
whether such Offence shall be committed within the Dominions
of Her Majesty or the Possessions or Territories which are or
may be under the Government of the said Company, or in
Foreign Parts, upon Land or upon the Sea, within or without
the Limits of the Charter of the said United Company, shall
suffer Death, Transportation, or such other Punishment as by a
Court-martial shall be awarded.

IL And be it enacted. That the General or other Officer Power to
commanding in chief the Forces of or belonging to the Presi- appoint General
dencies of Fort WiUiam, Fort Saint George, and Bombay respec- ^y^^^.
tively for the Time being may appoint General Courts-martial, yond iso
and issue his Warrant to any Greneral or other Officer not below Miles from
the Degree of a Field Officer, having the Command of a ^m o?f!^'
Body of Troops of Her Majesty, or of the said Company, ^iuiam, Fort
empowering tnem respectively to appoint General Courts- St George,
martial, as Occasion may require, to be holden within the ^^^^pri^
Territories of any Foreign State, or in any Country under the of Wales
Protection of Her Majesty, or the said Company, or at any isl^d, sin-
Place (other than Pnnce of Wales Islandy Singapore, and l^^^r
Malacca) in the Territories under the Government of the said the Trial of
Company, and situated above One hundred and twenty Miles Capital Offen-
from the said Presidencies respectively, for the Trial of any ^*^
Person under his Command, accused of having committed
wilful Murder or any other Capital Crime, or of having used
Violence or committed any Offence against the Person or
Property of any Subject of Her Majesty, or any other Person
entitled to Her Majesty's Protection, to the Protection of the
respective Governments of the East India Company, or of any
State in alliance with the said Company, within the Territories
of any Foreign State, or in any Country under the Protection
of Her Majesty or the said Company, or at any Place, other
than Prince of Wales Island, Singapore, or Malacca in the Terri-
tories under the Government of the said Company, situated
above One hundred and twenty Miles from the said Presiden-
cies respectively ; and the Persons accused, if found guilty, shall
suffer Death, or be liable to Transportation for Life or for a

Term of Years, or to such other Punishment according to the

O 4 Nature

210 Cap.d7« East India Mutiny. 3 & 4 Vicr.

Nature and Degree oF the respective Offences, as by such

Sentence of any such General Court-martial shall be awarded :

Provided alwa}r8, that any Person so tried shall not be liable

to be tried for the same Offence by any other Court what-'

soever.

Sentences of IH. And be it enacted, That in every Case wherein a

Death or Trans- Sentence of Death or Transportation shall be pronounced, or a

toS wried Sentence of Death shall be commuted to Transportation for any

into execution such Capital Offence committed at any Place situated above

till confirmed One hundred and twenty Miles from the Presidencies of Fori

^^ ^mndhT^n ^'^^^'^ ^^^ &in^ GeorffCj and Bombay respectively, and being

chief, vith the within die Territories under the Government of the said Com*

Concurrence of pany, such Sentence, whether original, revised, or commuted,

onh^°Pre!!°' shall not be carried into execution until confirmed by the

tidency. General or other Officer commanding in chief at the Presidency,

with the Concurrence of the Governor General in Council or
Governor in Council of the Presidency in the Territories
subordinate to which the Offender shall have been tried,
although such Offender may belong to the Forces of another
Presidency: Provided always, that such Sentence shall have
been regularly reported to and approved and confirmed by the
General or other Officer commanding in chief the Forces of the
Presidency to which such Offender shall belong, and by whom
or under whose Authority the Court-martial by which such
Offender shall have been tried was appointed.
Such Oflfenden, IV. And be it enacted, That if any Person liable to be tried
iL*S*'*c*"i?*^ by a Court-martial for any such Offence alleged to have been
Authorities, to committed within the Territories of any Foreign State, or in
be delivered any Country under the Protection of Her Majesty or the said
over for Trial Company, Or at any Place (other than Prince of Wales Idandy
xLl ®*"'™"" Singapore^ or Malacca) in the Territories under the Govern-
ment of the said Company, situate above One hundred and
twenty Miles from the said Presidencies of Fort Wittiamj Fort
Saint George^ and Bombay respectively, and for which no Pro^
ceeding shall have been commenced in any Court of competent
Jurisdiction, shall be apprehended by the Authority of or
brought before any Magistrate for any such Offence, such
Magistrate shall deliver over such accused Person to the
Commanding Officer of the Regiment, Corps, or Detachment
to which such accused Person shall belong, or to the Command-
ing Officer of the nearest Military Station, for the Purpose of
his being tried by a Court-martial for such Offence as herein-
before is provided in that Behalf.
The ordinary V. And be it enacted. That nothing in this Act contained

Course of Law g^^ \^ construed to exempt any Officer or Soldier from being
f««dwith!"**'^" proceeded against by the ordinary Course of Law ; and any

Commanding Officer who shall wilfully neglect or refuse, when
Application is made to him for that Purpose, to deliver over to
the Civil Magistrate any Officer or Soldier accused of any
Capital Crime, or of any Violence or Offence against the Per-
son, Estate, or Property of any of Her Majesty's Subjects, or
any other Person entitled to Uer Majesty's Protection, or to

the

1840. East India Mutiny. Cap. 37. 211

the Protection of the respective Governments of the East India
Company, or of any State in alliance with the said Company,
which is punishable by the ordinary Course of Law, or shall
wilfully neglect or refuse to assist the Officers of Justice in
apprehending such OiFender, shall, upon Conviction thereof in
any Prosecution in any of Her Majesty's Courts of Record in
India^ be deemed to be ipso facto cashiered, and shall be utterly
disabled to have or hold any Civil or Military Office or Em-
ployment in the said Company's Service in the East Indies^ and
a Copy of the Record of such Conviction, subscribed and attested
by the Clerk of the Crown, or other proper Officer of the Court
in which such Conviction shall take place, shall, within Two «

Months from the Time of such Condition, be transmitted to the
Judge Advocate General of the Army to which such OiFender
shall belong; provided that nothing herein contained shall ex-
tend to require the Delivery over to the Civil Magistrate of any
Bocfa Person accused of any Offence who shall have been tried
for such Offence by any Court-martial in manner herein-before
provided in respect of Offences committed within the Territories
t)f any Foreign State, or in any Country under the Protection
of Her Majesty or the said Company, or at any Place in or out
of the Territories of the said Company, situate above One
hundred and twenty Miles from the said Presidencies of Fort
WUHamf Fort Saint George^ and BorrAay respectively, or against
whom any effectual Proceeding shall have been taken or ordered
to be taken, for the Purpose of bringing such Person to Trial
by such Court-martial as aforesaid ; provided also, that no Per- After Trial bj
«)n or Persons, being acquitted or convicted of any Capital ^® ^*^**
Crime, Violence, or Offence, by the Civil Magistrate, or the p^rflment ^
Verdict of a Jury, shall be liable to be punished by a Court- than caBhiering.
martial for the same otherwise than by cashiering.

VL And be it enacted. That no Person whatever enlisted No Soldier
into the Company's Service as a Soldier shall be liable to be '***'l^? ^'^"^
arrested or taken therefrom, by any Process or Execution what- i^amounlSig
ever, other than for some Criminal Matter, unless an Affidavit to soo Com-
(for which no Fee shall be taken) shall be made by the Plaintiff v^f^ Rupees,
or some one on his Behalf, before a Judge of the Court out of
which such Process or Execution shall issue, or before some
Person authorized to take Affidavits in such Courts, of which
Affidavit a Memorandum shall, without Fee, be endorsed upon
the Back of such Process, that the original Debt for which the
Action has been brought or Execution sued out amounts to the
Value of Three hundred Company's Rupees at the least, over
•and above all Costs of Suit in the Action or Actions on which
the same shall be grounded ; and any Judge of such Court may
examine into any Complaint thereof made by a Soldier or by
^ Superior Officer, and by Warrant under his Hand discharge
such Soldier without Fee, he being shown to be duly enlisted,
and to have been arrested contrary to the Intent of this Act,
and shall award reasonable Costs to such Complainant, who
^11 have for the Recovery thereof the like Remedy that the
^^rson who takes out the said Execution might have had i'or

his

212

Cap. 37.

East India Mutiny.

3 & 4 Vicr.

Plaintiff may
enter a Com-
mon Appear-
anee»&c.

The Queen
may make
Articles of
WUr, of vhich
all Courts shall
take judicial
Notice; and
Copies to be
transmitted to
Judges and
Governors.

Trial of Native
Officer or
Soldlvr.

The Queen
may authoriie
the Court of
Directors of the
East India
Company to
empover the
Indian Govern-
ments and their
Commanding
Field Officers
to appoint
Ccurts-martial.

his Costs, or the Plaintiff in the like Action might have had for
the Recovery of his Costs, in case Judgment bad been given
for him with Costs, against the Defendant in the said Action ;
provided that any Plaintiff, upon Notice of the Cause of Action
first given in Writing or left at such Soldier's last Quarters^
may file a Common Appearance, in any Action to be brought
for or upon account of any Debt whatsoever, and proceed therein
to Judgment according to the Course of the Court, and have
Execution other than against the Body.

VII. And be it enacted, That it shall be lawful for Her Mar
jesty to make Articles of War for the better Government of the
said Compan/s Forces, which Articles of War shall be judicially
taken notice of by all Judges and in all Courts whatsoever; and
Copies of the same, printed by the Queen's Printer, shall, as
soon as conveniently may be after the same shall have been
made and established by Her Majesty, be transmitted by Her
Majesty's Secretary at War, signed with his own Hand and
Name, to the Judges of Her Majesty's Superior Courts at fPeif-
minster^ Dublin^ Edinburgh^ and in India respectively, and also
to the Governors of Her Majesty's Dominions abroad, and the
Territories within the Limits of the Charter of the said Codh
pany ; provided that no Person shall by such Articles of War
be subject to any Punishment extending to Life or Limb or
Transportation within the Dominions of Her Majesty, or the
Possessions or Territories which are or may be under the Govern-
ment of the said Company, for any Crime committed within
One hundred and twenty Miles Distance from either of the
Presidencies of Fort WiUiam^ Fort Saint George, or Bombay^
which is not expressed to be so punishable by this Act ; pro-
vided also, that nothing in this Act contained shall in any
Manner impeach or affect any Articles of War, or any Matters
enacted or in force, or which hereafter may be enacted by the
Government of India, respecting Officers or Soldiers being Na-
tives of the East Indies, or other Places within the Limits of
the said Company's Charter, and to whom the present Act is
declared not to be applicable.

VIIL And be it enacted. That on the Trial of all Offences
committed by any Native Officer or Soldier or Follower, Refe-
rence shall be had to the Articles of War framed by the Govern-
ment of India for such Native Officers, Soldiers, or Followers,
and to the established Usages of the Service.

IX. And be it enacted, That Her Majesty may from Time
to Time grant a Commission or Warrant under Her Royal
Sign Manual unto the Court of Directors of the said Company,
who by virtue of such Commission or Warrant shall have Power
under the Seal of the said Company to authorize and empower
their Governor General in Council and Governor in Council
for the Time being, at the Presidencies of Fort William, Fort
Saint George, and Bombay respectively, from Time to Time to
appoint Courts^martial, and to authorize and empower the
General or other Officer commanding any Body of the Forces
employed in the said Company's Service to appoint General

Courts-

1840. Ead India Mutiny. Cap. 87. 213

Courts-martial, as well as to authorize any Officer under their
respective Commands, not below the Degree of a Field Officer,
to conyene General Courts-martial, as Occasion may require,
for the Trial of Offences committed by any of their forces
under their several Commands, whether the same shall have
been so committed before or after such Officer shall have
taken upon himself such Command, all which Courts-martial
shall be constituted and shall regulate their Proceedings accord-
ing to the several Provisions herein-after specified; provided
that, whenever any of Her Majesty's Forces shall be employed
to act under the Authority of any of the said Company's Pre-
sidencies in the East Indies, the Power of appointing Courts-
martial, or authorizing the Appointment of Courts-martial for
the Trial of any Officer or Soldier of the said Company of or
belonging to such Presidencies, shall be in the Officer for the
Time being commanding in chief at such Presidency.

X. And be it enacted. That, for bringing to Justice Offenders 'n>« Queen may
against such Articles of War as may be framed by Her Majesty •"*'*<>'^ *^
as herein-before provided, it shall be lawful for Her Majesty to ^malmartial
grant Her Commission or Warrant to the Persons and in the for trying
Manner herein mentioned and expressed for convening, and ^S^^jf^^
authorizing any Officer under their respective Commands not

below the Degree of a Field Officer to convene Courts-martial,
as well in the Possessions or Territories which are or may be
under the Grovemment of the Company as elsewhere, where the
Troops of the Company are or may be employed, as Occasion
may require, for the Trial of Offences committed by any of the
Forces under their several Commands, whether the same shall
have been committed before or after such Officer shall have
taken upon himself such Command.

XI. And be it enacted, That any Person subject to the Pro- Offcnden may
visions of this Act, who shall, in any Part of Her Majest/s ^ ^f/"^
Dominions, or the Possessions or Territories under the Govern- ^^ otbo*
ment of the East India Company, or elsewhere, commit any than vhere the
Offence for which he may be liable to be tried by Court* Mfenceshaw
martial by virtue of this Act, may be tried and punished for mitted™"
the same in any Part of Her Majesty's Dominions, or the
Possessions or Territories which are or may be under the Govern-
ment of the said Company, or elsewhere, where he may have come

afier the Commission of the Offence^ in the same Manner as if the
Offence had been committed where such Trial shall take place.

Xn. And be it enacted. That all General Courts-martial Compodtion
held under the Authority of this Act shall consist of not less 2J,n SfG^wal
than lliirteen Commissioned Officers, except the same shall be Couitft-martkl.
holden in any Place out of Her Migesty's Dominions, or of the
Possessions or Territories which are or may be under the
Government of the said Company, or at Prince of Wales Island,
Singapore, or Malacca, at which Places such General Court-
martial may consist of any Number not less than Five ; and no
Judgment of Death shall pass without the Concurrence of Two
Thirds at least of the Officers present ; and the President shall
in no Case be the Officer commanding in chief or Governor of

the

214 Cap. 37. East India Mutiny. 3 & 4 Vict.

the Gi^rrison where the Offender shall be tried, nor under the

Degree of a Field Officer unless where a Field Officer cannot be

had, nor in any Case whatsoever under the Degree of a Captain.

Powers of Ge- XIII. And be it enacted. That a General Oaurt-martial may

nerai Courts- sentence any Soldier to Imprisonment with or without hard

Labour, in any public Prison or other Place which the Court
or the Officer commanding the Regiment or Corps to which
the Offender belongs or is attached shall appoint and may also
direct that such Offender shall be kept in solitary Confine-
ment for any Portion or Portions of such Imprisonment, not
exceeding One Month at a Time or Tliree Months at different
Times with Intervals of not less than One Month between
such Times in One Year, of such Imprisonment with hard
Labour, or may sentence any Soldier to corporal Punishment,
not extending to Life or Limb, for Immorality, Misbehaviour,
, or Neglect of Duty ; and a General Court-martial may, in addi-
tion to any such Punishment as aforesaid, sentence any Offender
to Forfeiture of all Advantage as to additioniil Pay and Pen-
sion on Discharge ; and whensoever any Court-martial by which
any Soldier shall have been tried and convicted of any Offence
punishable with Death shall not think the Offence deserving of
Capital Punishment, such Court-martial may, instead of award-
ing a corporal Punishment or Imprisonment, adjudge the
Offender, according to the Degree of the Offence, to be trans-
ported as a Felon for Life or for a certain Term of Years, or
may sentence him to general Service as a Soldier in any Corps
of the said Company's Forc^ and in any Country or Places
(such Country or Place being within the Limits of the said
Company's Charter, and under the said Company's Govern-
ment,) which the Officer commanding in chief at the Presi-
dency to which the Offender belongs shall thereupon direct,
or may, if such Offender shall have enlisted for a limited
Number of Years, sentence him to serve for Life as a Soldier
in any Corps of the said Company's Forces which such Officer
commanding in chief shall direct; and the Court may, in addi-
tion to any other Punishment, sentence such Offender to for-
feit all Advantage as to Increase of Pay or as to Pension on
Discharge which might otherwise liave accrued to such
Offender ; provided that in all Cases where a Capital Punish-
ment shall have been awarded by a General Court-martial, it
shall be lawful for the Officer commanding in chief the Forces
of the Presidency to which the Offender shall belong, instead
of causing such Sentence to be canned into execution, to order
the Offender to be transported as a Felon, either for Life or
for a certain Term of Years, as shall seem meet to the Officer
commanding as aforesaid.
The Queen XIV. And be it enacted. That Her Majesty may, by any

empowered to Order or Orders to be by Her from Time to Time made, with
jiuthotlxc 'the ^^ Advice of Her Privy Council, appoint, or by any such
Indian Govern- . Order or Orders in Council authorize the Governor General of
meat to appoint /^j^,-^ \^ Council, and the Governor in Council of Fort Saint

Flaces or Trans- ,^ j r> i • i i-»i

portation. Ueorffe auQ Jiombay respectively, to appoint, any Place or

Places

1840. East India Mutiny. Cap. 37. 215

Places beyond the Seas within Her Majesty's Dominions to

which Felons and other Offenders may be conveyed; and

that when such Offenders shall be about to be transported Indian Govern.

from any of the said Presidencies to such Place of Transporta- ^******"?'^

tion, the Governor of such Presidency shall give Orders for xnmsportotion.

his intermediate Custody and Removal to the Ship to be em*

ployed for his Transportation, and shall empower some Person

to make a Contract for the effectual Transportation of the

Offender to the Place so appointed, and shall direct Security

to be given for such Transportation*

XV. And be it enacted, That so soon as such Offender shall Tranaports to
be delivered to the Governor of the Colony, or other Person ^g*)^^^^
or Persons to whom the Contractor or other Person appointed Laws of the
for that Purpose as aforesaid shall be so directed to deliver Place of Tnuia-
him, every such Person shall, within the Place or Places to p****^***-
which under or in pursuance of any such Order or Orders in

Council they shall be sent or transported, be subject and liable
to all such and the same Laws, Rules, and Regulations as are
or shall be in force^ in any such Place or Places, with respect
to Convicts transported from Great Britain.

XVI. And be it enacted. That every Paymaster or other Trial and
Commissioned Officer, or any Person employed in the Ord- E""^)^^*'**'
nance or Commissariat Department, or in any Manner in the anddmilar^
Care or Distribution of any Money, Provisions, Forage, or Ofl^Msea.
Stores, who shall embezzle or fraudulently misapply, or be
concerned in or connive at the Embezzlement, fraudulent
Misapplication, or Damage of any Money, Provisions, Forage,

Clothing, Ammunition, or other Military Stores belonging to
Her Majesty's Forces, or for Her Use, or belonging to
the East India Company or for their Use, may be tried for
the same by a General Court-martial, which may adjudge any
such Offender to be transported as a Felon for Life or for any
certain Term of Years, or to suffer such Punishment of Fine,
Imprisonment, Dismissal from the said Company's Service,
and Incapacity of serving the East India Company in any
Office, Civil or Milita^, as such Court shall think fit, according
to the Nature and Degree of the Offence; and every such
Offender shall, in addition to any other Punishment, make
good at his own Expence the Loss and Damage sustained,
which shall have been ascertained by such Court-martial ; and
the Loss and Damage, so ascertained as aforesaid, shall be a
Debt to Her Majesty or the East India Company, as the Case
may be, and may be recovered accordingly.

XVIL And be it enacted. That a District or Garrison Composition
Court-martial shall consist of not less than ^ ve Commissioned ""J^ Powers of
Officers, and may sentence any Soldier to any Imprisonment, Garrison
with or without hard Labour, in any public Prison or other Courts*n»rtui
Place which such Court or the Officer commanding the Regi-^
nient or Corps to which the Offender belongs or is attached
shall appoint, and may also direct that such Offender shall be
kept in solitary Confinement for any Portion or Portions of
svich Imprisonment^ not exceeding One Month at a Time, or

Three

216 Cap. 37. Easi India Mutiny. 3 & 4 Vict.

Three Months at different Times with Intervals of not less
than One Month between such Times in One Year, of such
Imprisonment with hard Labour, or may sentence any Soldier
to Corporal Punishment, not extending to Life or Limb, for
Immorality, Misbehaviour, or Neglect of Duty ; and such Court
may, in addition to either of the said Punishments, sentence
a Soldier to Forfeiture of all Advantage as to additional Pay,
and to Pension on Discharge, for disgraceful Conduct,

In wilfully maiming or injuring himself, or any other Soldier,
at the Instance of such Soldier, with Intent to render him*
self or such Soldier unfit for Service ;
In tampering with his Eyes :

In malingering, feigning Disease, absenting himself from Hos-
pital whilst under Medical Care, or other gross Violation
of the Rules of any Hospital, thereby wilfully producing
or aggravating Disease or Infirmity, or wilfully delaying
his Cure :
In purloining or selling Stores, the Property of the Crown

or of the East India Company :
In stealing any Money or Goods, the Proper^ of a Comrade,

or of any Military or Regimental Mess :
In producing false or fraudulent Accounts or Returns :
In embezzling or fraudulently misapplying Money intrusted
to him, belonging either to the Crown or the East India
Company :
Or in committing any Petty Offence of a felonious or frau-
dulent Nature, to the Injury of or with Intent to injure
any Person, Civil or Military :
Or for any other disgraceful Conduct being of a cruel, in-
decent, or unnatural Kind:
And such Offender may be further put under Stoppages, nor
exceeding Two Thirds of his daily ray, until the Amount be
made good of any Loss or Damage arising out of his Miscon-
duct ; and if any Soldier shall be convicted of any such dis-
graceful Conduct, and shall be sentenced to Forfeiture of his
Claim to Pension, the Court may further recommend him to be
discharged with Ignominy from the Service; and any such
Court shall deprive a Soldier, if convicted of a Charge of
habitual Drunkenness, of his Liquor when issued in Kind, or
of his Allowance in lieu of Beer or Liquor, or of such Pro-
portion thereof, or of such Portion of his additional or regular
Pay, for such Period, not exceeding Two Years, as may acoprd
with Her Majesty's Articles of War for the Company's Troops
subject to Restoration on subsequent good Conduct ; and in
addition to any such Punishment, the Court may, if it shall
think fit, sentence such Offender to Imprisonment or to Corporal
Sentences to be Punishment ; provided that in all the foregoing Cases the Sen-
conBnned. tences of a District or Garrison Court-martial shall be con-
firmed by the General Officer, Governor, or Senior Officer in
Prettdent. command of the District, Garrison, or Island ; and the President

of every Court-martial, other than a General Court-martial, not
being under the Rank of Captain^ shall be appointed by the

Officer

1840. East India Mutiny. Cap. 37. 217

Officer oonvening such Court-martial ; provided that such Court-
martial sliall not have Power to pass any Sentence of Death or
Transportation.

XVIIL And be it enacted, That in Cases of Mutiny and Certain Offen-
gross Insubordination, or any Offences committed on the Line f^^^J*
of March, the Offence may be tried by a Regimental Court- n^bed by^"~
martial, and the Sentence confirmed and carried into execution Regimental
on the Spot by the OflBcer in the immediate Command of the Courts-martiaL
Troops, provided that the Sentence shall not exceed that which
a R^imental Court-martial is competent to award; and a
Regimental Court-martial may try any Soldier for habitual
Drunkenness, and may sentence any Soldier to Imprisonment,
with or without hard Labour, for any Period not exceeding
Forty Days, and to solitary Confinement for any Period not ex-
ceeding Twenty Days ; and whenever any such Court-martial
shall sentence any Soldier to Imprisonment as aforesaid it may
(if it shall think fit) direct that he be kept in solitary Confine-
ment for a certain Portion or Portions of the Period of such
Imprisonment : Provided always, that when such Court shall Regulations as
direct the Imprisonment to be part solitary and part otherwise, *° Imprwon-
the whole Period of such Imprisonment, including the solitary puniahment
Part thereof, shall not exceed Twenty Days, and shall be divided awarded by
into Periods not exceeding Ten Days each ; and a Regimental S^^^^ij-i
Coort-martial may sentence any Soldier for being drunk when
on or for Duty or Parade, or on the Line of March, to be de-
prived of a Penny a Day of his Pay for any Period not exceed-
ing Thirty Days, in addition to any other Punishment which
such Court may award ; and any such Court shall deprive a
Soldier, if convicted of a Charge of habitual Drunkenness, of
his Liquor, when issued in Kind, or of his Allowance in lieu of
Beer or Liquor, or of such Proportion thereof, or of such
Portion of his additional or regular Pay for such Period, not
exceeding Six Months, as may accord with Her Majesty's Articles
of War for the Company's Troops, subject to Restoration on
subsequent good Conduct

XIX. And be it enacted. That every Soldier who shall be Additional
found guil^ of Desertion by a Greneral, or District, or Garrison P»«nW>n«n*^
Court-martial, where such Findings shall be duly approved, or

of Felony, in any Court of Civil Judicature^ shall thereupon
forfeit all Advantage as to additional Pay, and to Pension on
Discharge, in addition to any Punishment which such Court may
award ; and it shall be lawful for any Court-martial empowered
to try the Crime of Desertion, in addition to any other Punish-
ment, to direct that the Offender be marked on the left Side,
Two Inches below the Arm-pit, with the Letter D., such
Letter not to be less than an Inch long, and to be marked
upon the Skin with some Ink or Gunpowder, or other Pre-
paration, so as to be visible and conspicuous, and not liable to
he obliterated.

XX. And be it enacted. That it shall be lawful for any Officers in
Officer commanding any District, or any Portion of the said Troopa^Mrring
Company's Troops which may at any Time be serving in any in foreign

Place Countries, not

\

218 Cap. 37. East India Mutiny. 3 & 4 Vict.

in alliance Place out of Her Majesty's Dominions, or of the Possessions
India Company, ^^ Territories which are or may be under the Government of
may assemble ' the said Company, or of the Territories of those States in
Courta-mardaL alliance with the said Company in which the said Company's

Forces are permanently stationed, upon Complaint made to
him of any Offence committed against the Property or Person
of any Inhabitant of or Resident in any such Countries, by any
Person serving; with or belonging to the Company's Army^
being under the immediate Command of any such Officer, to
summon and cause to assemble a Court-martial, which shall
consist of not less than Three Officers at the least, for the Pur-
pose of trying any such Person, notwithstanding any such
Officer shall not have received any Warrant empowering him to
assemble Courts-martial ; and every such Court-martial shall
have the same Powers in regard to summoning and examining
Witnesses, Trial of and Sentence upon any such Offenders, as
Sentence of are granted by this Act to General Courts-martial; provided
ht^^^^ that no Sentence of any such Court-martial shall be executed

until the General commanding in chief of the Army to which
the Division, Brigade, Detachment, or Party to which any Per-
son so triedi, convicted, and adjudged to suffer Punishment
shall belong, shall have approved and confirmed the same.
How Proceed. XXL And be it enacted, Tiiat Officers of Her Majesty's
*"*^Utod ^ Land Forces, and of the Forces in the Service of the East India
^es of Con. Company, may, whenever it shall be necessary, sit in conjunct
junction of tion on Courts^martial, which shall be regulated in like Manner
Queen*8 and gg jf consisting whoUy of Officers of Her Majesty's Land Forces^
Offi^on ^^ wholly of Officers in the Service of the said Company; except
Couru-martial. that upon the Trial of any Person in Her Majesty's Land

Forces, the Provisions of the Act which shall exist at the Time
for the Punishment of Mutiny and Desertion in Her Majesty's
Forces shall be applicable ; and on the Trial of any Officer or
Soldier in the Service of the said East India Company, the Pro-
visions of this Act shall be applicable, notwithstanding any
Officer in the actual Service of the said Company may have
a Commission from Her Majesty or any of Her Roycd Pre*
decessors.
Courts-martial XXH. ^ And whereas it may sometimes happen that Officers
™*yJ^*T^°"^ * in the Service of the said Company cannot conveniently be
QmHen^ffi. * had to compose the Whole or Part of a Court-martial;' be it
cen. enacted, That any Officer or Soldier, or Person subject to the

Provisions of this Act, may be tried by a General Court-martial

composed of Officers in Her Majesty's Service alone ; provided

always, that the Officer convening such Court-martial shall

specify in his Warrant that no Officer in the Service of the said

Company could conveniently be had.

Oaths or solemn XXHI. And be it enacted, lliat all Greneral and other

DecUrations to Courts-martial shall administer an Oath, or, in case of Natives

tered."""**" ^^ India^ an Oath or solemn Declaration, as Circumstances may

require, to every Person who shall be examined before such
Court in any Matter relating to any Proceedings before the
same.

XXIV. And

1840. JSast India Mutiny. Cap. 87. 219

XXIV. And be it enacted. That in all Trials by General Members of
Courts-martial to be held by virtue of this Act the President ^^^^"*"
and every Member assisting at such Trial, before any Proceed- officiating
ings be bad thereon, shall take the Oaths in the Schedule to this Judge Ad^o-
Act annexed, before the Judge Advocate or his Deputy, or Pei^ ^^q^^
son oflBciating as such, and on Trials by other Courts-martial mentioned in
before the President of such Court, who are hereby respectively the Schedule.
authorized to administer the same, and any sworn Member may
administer the Oath to the President; and as soon as the said
Oaths shall have been administered to the respective Members,
the President of the Court shall administer to the Judge Advo-
cate, or the Person officiating as such, the Oath in the Schedule
to this Act annexed ; and no Proceeding or Trial shall be had
bat between the Hours appointed by the Officer commanding
where the Court>-martial is held, except in Cases which require
an immediate Example : Provided also, that every Witness duly Protection to
summoned or warned to attend any Court-martial, shall during ^*'°*«»^
his necessary Attendance on such Court, and in going to and
returning from the same, be privileged from Arrest, and shall,
if arrested in breach of such Privilege, be discharged by such
Court-martial or any Court of Law, or Judge of any such
Court, according as the Case shall require, upon ils being made
appear to such Court-martial, Court of Law, or Judge, by Affi-
davit in a summary Way, that such Witness was arrested in going
to or returning ^from or attending upon such Court-martial;
and that every Witness so duly summoned or warned to attend Witn«» not
ag aforesaid who shall not attend on such Court, or who attend- !lr®°fj"^ °1„.

iiir» •i-i'i ,r%i 1 TX1 reiusing to give

ing shall refuse to give Evidence, on Oath or solemn Declara- Evidence liable
tioo, or to answer all such Questions as the Court may l^ally to be attached,
demand, shall be liable to be attached in the Courts of l«aw,
upon Complaint made, in like Manner as if such Witness had
neglected to attend on any Trial in any such Court.

XXV. And be it enacted, That no Officer or Soldier, being a second Trial
acquitted or convicted of any Offence, shall be liable to be tried to be had only
a Second Time by the same or any other Court-martial for the a'jt^MnSi*"
same Offence, unless in the Case of an Appeal from a Regi- to a General
mental to a General Court-martial; and that no Finding, Court-martial
Opinion, or Sentence given by any Court-martial, and signed ^n more^San
by the President thereof^ shall be liable to be revised more than once.

once; and no Witness shall be examined nor shall any additional
Evidence be received by the Court on such Revision.

XXVI. And be it enacted. That every Judge Advocate, or Original Pro-
Person officiating as such at a General Court-martial, shall ^^|^ ^c.
tnmsmit, with as much Expedition as Circumstances will admit, to be transmit-
^ original Proceedings, and the Sentence, Finding, oi* Opinion ted to the Judge
of such Court-martial, to the Judge Advocate General of the e^^^ofthc
Amy iu which such Court-martial shall be held, in whose Office ^^rmy inwhieh
^y are to be carefully preserved; and any Person tried by a «uch Court
General Court-martial, or any Person in his Behalf shall be "***^ ^ ^*^^^-
pitied, on Demand, to a Copy of such Sentence, Finding, or

pinion, and Proceedings^ (P^J^i^K reasonably for the same,)

^bether such Sentence shall be approved or not^ at any Time

[No. 1& iVicc 2A] P not

220

Cap. 87.

Eqa India Mutiny.

3&4ViCf.

Indian Oo?eni«
ments may
suspend Pro-
oeedings.

Offences against
former Mutiny
Act punish-
able AS if com-
mitted against
this Act, and
all existing
Proceedings
continued.

Limitation as
to Trial of
Offences.

Desertion shall
be punishable,
notwithstanding
any Ciroum*
stances of
Enlistment

not sooner than Three Months if the Trial took place on the
Continent of India, or Six Months if beyond Seas ; provided that
such Demand as aforesaid shall have been made within the
Space of Three Years from the Date of the Approval or other
final Decision upon the Proceedings before such General Cour^
martial.

XXVII. And be it enacted, That the Gk>vemment of any
of the said Presidencies in India may suspend the Proceed-
ings of any Court-martial which may at any Time be holden
within such Presidencies respectively.

XXVIIL And be it enacted. That all Crimes and Offences
which have been committed against the said Act of the Fourth
Year of the Reign of His Majesty King George the Fourth, or
against any of the Articles of War made and established by
virtue of the same^ may, during the Continuance of this Act, be
inquired of and punished in like Manner as if they had been
committed against this Act; and every Warrant for holding any
Court-martial under the said Act of the Fourth Year of the
Reign of His Majesty King George the Fourth shall remain in
full Force^ notwithstanding the Repeal of such Act, and all Pro-
ceedings of any Court-martial upon any Trial begun under the
Authority of such former Act shall not be discontinued by the
Repeal of the same : Provided always, that no Person shall be
liable to be tried and punished for any Offence against the said
Act or this Act, or the Articles of War made or to be made by
virtue of the same Acts, or either of them, which shall appear to
have been committed more than Three Years before the issuing
of the Commission or Warrant for such Trial, unless the Person
accu^d, by reason of his having absented himself, or of some
other manifest Impediment, shall not have been amenable to
Justice within that Period, in which Case such Person shall be
liable to be tried under such Commission or Warrant at any
Time not exceeding Two Years after the Impediment shall
have ceased ; or unless the Conduct of the Person accused shall
have been submitted to the Consideration of the Court of
Directors of the East India Company by the Government of the
Presidency to which such Person shall belongi in which Case
such Person shall be liable to be tried under such Commission
or Warrant at any Time not exceeding Five Years after his
Offence shall have been committed.

XXIX. And be it enacted, That every Soldier shall be liable
to be tried and punished for Desertion from any Corps into
which he may have enlisted, or from Her Majesty's Service,
notwithstanding that he may of right belong to some Corps
jQrom which he shall have originally deserted ; and if such Per-
son shall be claimed as a Deserter by the Corps to which he
originally belonged, and be tried as a Deserter therefrom, or
shall be tried as a Deserter from any other Corps into which be
may have enlisted, or if he shall be tried while actually serving
in some Corps for Desertion fix>m any other Corps, every De^
sertion previous or subsequent to that for which be shall be
under Trials as well as every previous Conviction for any other

Offlbnc^

1840. Edit India Mutiny. Cap. 37. 981

Offence, may be given in Evidence against him; and in like AdmiadbiHtyof
Manner in the Case of any Soldier tried for any Offence what^ Evideooc of
ever, any previous Convictions may be given in Evidence oiSfteei.
against him; provided that no such Evidence shall in any Case
be received until after the Prisoner shall have been found guWty
of such OflTence, and then only for the Purpose of affixing
Punishment; and provided also, that afler he shall so have
been found guilty, and before such Evidence shall be received,
it shall be proved to the Satisfaction of the Court that he had
previously to his Trial received Notice of the Intention to pro-
duce such Evidence on the same ; and provided further, that
the Court shall in no Case award to him any greater or other
Punishment or Punishments than may by this Act, and by the
Articles of War to be framed by Her Majesty by virtue of this
Act, be awarded for the Offence of which he shall have been
found p^uilty.

XXX. And be it enacted, That any Person who shall volun* A Penon
tarily deliver himself up as a Deserter from any Regiment or fcknowied^g
Corps of the said Company's Forces, or who, upon being appre- D^^ter to be
bended for Desertion or any other Offence, shall, in the Pre- deemed duly
lence of the Magistrate or of the Commanding Officer of the J^Jj^*^.!^^
Place, confess himself to be a Deserter from any such Regiment cordingly.
or Corps, shall be deemed to have been duly enlisted and to be
a Soldier, and shall be liable to serve in any such Corps of the
said Company's Forces, as the Commander of the Forces of the
laid Company shall think fit to appoint, whether such Person
shall have been ever actually enlisted as a Soldier or not

XX XL And ]fe it enacted, That every Person who shall Pumshment for
directly or indirectly persuade any Soldier to desert shall suffer J^JJ^.*^
such Punishment by Fine or Imprisonment, or both, as the D^HntwoT
Court before which the Conviction may take place shall ad-
judge; and every Person who shall assist any Deserter, knowing
him to be such, in deserting or in concealing himself, shall for*
feit for every such Offence the Sum of Eight hundred Com-
pany's Rupees, and be further liable to Imprisonment, not
exceeding Twelve Months.

XXXII. And be it enacted. That Musters shall be taken of Regulatiooiifor
every Regiment, Troop, or Company in the said Company's p^l^^jj^"^
Service at such Times as shall be appointed ; and no Soldier faite Musten.
shall be absent irom such Musters unless properly certified to
be employed on some other Duty, or to be sick, or in Prison, or
on Furlough ; and every Person who shall give or procure to be
given any untrue Certificate whereby to excuse any Soldier for
his Absence from any Muster or any other Service which he
ought to attend or perform, or shall make any false or untrue
Muster of Man or Horse, or shall wittingly or willingly allow
or sign the Muster Roll wherein such false Muster is contained,
or any Duplicate thereof, or who shall directly or indirectly take
or cause to be taken any Money or Gratuity for mustering any
Soldiers, or for signing any Muster Rolls or Duplicates thereof,
0^ shall knowingly muster any Person by a wrong Name, upon
Proof thereof upon Oath made by Two Witnesses before a

P 2 General

222 Cap. 37. East India Mutiny. S&4yict

General Court-martial, shall for such Offence be forthwith
cashiered, and shall be thereby utterly disabled to have or hold
any Civil or Military Office or Employment within the Terri-
tories under the Government of the EcLst India Company, or in
Her Majesty's Service or the Service of the said Company; and
if the Person giving such untrue Certificate shall not have any
Military Commission he shall forfeit for every such Offence the
Sum of Five hundred Company's Rupees ; and any Person who
shall falsely be mustered or offer himself to be mustered, or
lend or furnish any Horse to be falsely mustered, shall, upon
Oath made by Two Witnesses before some Magistrate residing
near the Place where such Muster shall be made, forfeit the
Sum of Two hundred Company's Rupees; and the Informer, if
he belong to the Company's Servicje, shall, if he demand it, be
forthwith discharged.
Sotpcnnonui XXXHI. And be it enacted. That any Soldier who shall
Forfcitiire of absent himself without Leave, or who shall desert, shall, on

Conviction by a Geneiral or other Court-martial, in addition to
any Punishment awarded by such Court, forfeit his Pay for the
Days on which he has so absented himself without Leave, or on
which he has be enabsent by such Desertion; and that no Sol-
dier shall be entitled to Pay, or to reckon Service, Rewards,
Pay, or Pension, when in Confinement under any Sentence of
any Court, or during any Absence from Duty by Commitment
on a Charge *of any Offence cognizable by a Civil or Criminal
Court, or by reason of any Arrest for Debt, or as a Prisoner of
War, or while in Confinement under any Charge of which he
shall afterwards be convicted; and if any Soldier shall absent
himself without Leave for any Period not exceeding Five Days,
and shall not account for the same to the Satisfaction of the
Commanding Officer, it shall be lawful for the said Commanding
Officer (if he shall think fit) to order and direct that, in addi-
tion to such other Punishment as he has Authority to inflict,
such Soldier shall also suffer Forfeiture of his Pay for the Day
or Days on which he has so absented himself, and thereupon
such Pay shall be forfeited, and such Soldier shall not be liable
to be afterwards tried by a Court-martial for the said Offence :
Provided always, that any Soldier who shall be so ordered to
forfeit his Pay shall have a Right to insist on being tried by a
Court-martial for his Offence instead of submitting to such For-
feiture; and provided also, that any Soldier acquitted of any
Offence for which he had been committed shall, upon Return
to his Duty in his Corps, be entitled to receive all Arrears of
Pay growing due, and to reckon Service during his Absence or
Confinement; and upon rejoining the Service from being a
Prisoner of War due Inquiry shall be made by a Court-martial,
and if it shall be proved to the Satisfaction of such Court that
the said Soldier was taken Prisoner without wilful Neglect of
Duty on his Part, and that he hath not served with or under or
in any Manner aided the Enemy, and that he hath returned as
soon as possible to the Service, he may thereupon be recom-
mended by such Court to receive either the Whole of such

Arrears

184a. East India Mutiny. Cap. 37. 223

Arrears of Pay, or a Proportion thereof, and to reckon Service
during his Absence: Provided also, that it shall be lawful for the
Grovemment under which any Soldier is serving to order or
withhold the Payment of the Whole or any Part of the Pay of
any such Soldier during the Period of Absence by any of the
Causes aforesaid.

XXXIV. And be it enacted, That every Soldier entitled to Soldiers entitled
his Discharge under any Orders or any Regulations made by ^ ^^5*'**
the said Company, or upon the Expiration of any Period for ^^t home,
which he shall have engaged to serve, or under this Act, shall free of Ex-
be entitled to be sent to Great Britain or Ireland free of Ex- P«»ce»
pence, and be entitled on his Return to have and receive
Marching Money from the Place of his being landed to the

Parish or Place in which he shall have been originally enlisted^
or at which he shall at the Time of Arrival in Great Britain or
Lrdand decide to take up his Residence, such Place not being
at a greater Distance from the Place of his Landing than the
Place of his original Enlistment, such Marching Money being
at the Rate and Reckoning per Diem fixed for victualling Sol-
diers in Her Majesty's Service on the March : Provided always, but to be sub-
that every such Soldier entitled to and claiming his Discharge, ^^ ^ ^^^
and to be sent to Great Britain or Ireland^ shall, until his arItbL
Arrival and Debarkation in Great Britain or Irelandj be subject
to the Provisions of this Act, and the Articles of War framed or
to be framed by Her Majesty for the better Government of the
Company's Forces.

XXXV. And be it enacted. That no Paymaster or other No Fbymaster
Person shall receive any Fees or make any Deductions whatso- *° ^"!!J^"''
ever out of the Pay or Allowances of any Officer or Soldier usual Deduo. '
(without his Consent be obtained thereto), other than the usual tionsoutof
Deductions, or such other necessary Deductions as shall from ^^^J^ .
Time to Time be required to be made according to the Regu- ^'
lations of the Service ; and every Paymaster or other Officer Punishment
having received any Officer's or Soldier's Pay and Allowances, ^^ w doing,
who shall unlawfully detain for the Space of One Month the

same, or refuse to pay the same when it shall become due^
according to the several Rates established by the Regulations
of the Service, shall, upon Proof thereof before a Court-martial,
be discharged from his Employment, and shall forfeit Eight
hundred Company's Rupees, and be liable to such furtner
Punishment as shall by the Court-martial be awarded, one
Moiety of such Fine to be paid to the Informer, and should
such Informer be a Soldier he shall, if he demand it, be dis-
charged from any further Service ; provided that it shall be lawful indiui Gotcto-
for the Governor General in Council, or the Governor in ments may gire
Council at the said Presidencies respectively, to give Orders ^dd Pay in
for withholding the Pay of any Officer or Soldier for any Period cases of
during which such Officer or Soldier shall be absent without Absence wiUi-
Leave. ^"* ^^•

XXXVI. And be it enacted. That any Person who shall un- Penalties on
lawfully have in his or her Possession or Keeping, or who shall f^^ihl^^^
knowingly detain^ buy, exchange, or receive from any Soldier purchasing

P 3 or

S24

Military
Stores^ &c*

Cap. 87«

East India Mutiny.

3&4Vicr.

lUeruili
eoneealing
Inflnnities
puoiihable.

After Em-
barluitioii all
Offiocrs and
Soldiers subject
to this Act.

OfRmees during
Paaageeog^
ftisable after
ArrifaL

or Deserter, or any other Person, on any Pretence whatsoever,
or shall solicit or entice any Soldier, or shall be employed
by any Soldier knowing him to be such, to selL any Arms,
Ammunition, Clothes, or Military Furniture, or any Pro-
visions, or any Sheets or other Articles used in Barracks,
provided under Barrack Regulations, or Regimental Neces*
saries, or any Article of Forage provided for any Horses be-
longing to the Service, or shall change the Colour of any
Clothes as aforesaid, shall forfeit for every such Offence any
Sum not exceeding Forty Company's Rupees, (one Moiety to
be paid to the Inrormer,) together with Treble Value of all or
any of the several Articles of which such Offender shall so
become possessed ; and if any credible Person shall prove on
Oath or solemn Declaration before a Magistrate, or Person
exercising the like Authority, a reasonable Cause to suspect
that any Person has in his or her Possession, or on his or her
Premises, any Property of the Description herein-before de-
scribed, on or with respect to which any such Offence shall
have been committed, the Magistrate or Person exercising like
Authority may grant a Warrant to search for such Property as
in case of stolen Goods.

XXXVIL And be it enacted, That any Person who shall
enlist into the Company's Forces, and who shall be discovered
to be incapable of active Service by reason of any Infirmity
which shall have been concealed by such Person, or not declared
before the Justice of the Peace at the Time of his Attestation,
and mentioned at the Foot thereof, may be transferred into any
Garrison or Veteran or Invalid Battalion, or into Her Majesty's
or Company's Marine Forces, notwithstanding he shall have
been enlisted for any particular Regiment, and shall be entitled
to receive such Portion or Residue of Bounty only as shall be
allowed by the said Company by any Regulation made in that
Behalf, in lieu and instead of the Bounty upon which such
Man shall have been enlisted, any thing in any Act or Acts, or
any Rules or Regulations relating to Soldiers, to the contrary
notwithstanding.

XXXVIII. And be it enacted. That all Officers and Soldiers
who shall be enlisted in or transferred to the Service of the
said Company, and all Officers in the said Company's Service
who may proceed in charge of or be appointed to do Duty
with such enlisted or transferred Officers and Soldiers, shall^
from and after their Embarkation to go abroad to such Place
whereto they shall be sent in the Service of the said Company,
be, during their Passage, subject to all the Provisions and
Regulations of this Act, and to all such Provisions and Regula-
tions as Officers and Soldiers in the Pay of the said Company
shall from Time to Time be subject to at the Garrison or Place
to which such Officers and Soldiers shall be sent.

XXXIX. * And forasmuch as it may happen that Offences

< may be committed by the said Officers and Men after their

< Embarkation, and before their Arrival at their Place of Dea-
* tination abroad, which nevertheless cannot be tried and

^ punished

1840.' Meat India Mutimf. Cap.S7. 1)26

< punished during their Passage in such Manner as such
' Offences ought to be tried and punished;' be it therefore
enacted, .That in every such Case every such OflScer or Soldier
may and shall, after his Arrival at his Place of Destination
abroad, be tried and punished for every Offence committed after
his Embarkation and before his Arrival, in the same Manner as
he would have been liable to be tried and punished if such
Offence had been committed in any Place where the Offender
would have been tried by any Courtrmartial held under the
Authori^ of this Act.

XLfo And be it enacted, That the Provisions of this Act shall Diyen Penoni,
apply to all Officers and Bersons who are or shall be serving J|^*sJi2f ^'^^
and hired to be employed, or who shall serve and be hired to madesubje^to
be employed, in the Artillery, and in the several Trains of ^^ Act
Artillery, and all Conductors of Stores, and in the Department
of Engineers, and all Officers serving or who shall serve in the
Corps of Engineers, and all Officers and Persons serving or who
shall serve as Military Surveyors or Draftsmen, or in the Corps
of Sappers and Miners or Pioneers, and all Persons who now
aie or shall be in the Ordnance and Commissariat Department ;
and all Apothecaries, Veterinary Surgeons, Medical Store-
keepers, Hospital Stewards, and others serving in the Medical
Esteblishment of the Army, licensed Sutlers and Followers,
and all Storekeepers and other Civil Officers employed under
the Ordnance, shall be at all Times subject to all the Penalties
and Punishments mentioned in this Act, and shall in all respects
whatsoever be holden to be within the Intent and Meaning of
every Part of this Act

XLL And be it enacted, That all Officers and Soldiers of Offlem tnd
any Troops, being mustered and in Pay, which shall be raised ^^^ "j^
or serving in any of the Possessions or Territories which are or friendly^iutti
nay be under the Government of the said Company, or Places mbjeet to
^hich are or may be occupied by Persons subject to the Govern- ^"*>^ I^^«
ffieot of the said Company, or by any Forces of the said Com-
pany under the Command of any Officer having a Commission
immediately from the Government of any of the Presidencies
of the said Company, shall be liable to Martial Law in like
Manner as the Company's other Forces are.

XLIL And be it enacted. That for the Purposes of this Act, ^^*^-^'
and of any Articles of War to be made under the same, the AcTthe Preri-
Presidency of Fort WiUiam in Bengal shall be taken and deemed denoy of Fort
to comprise under and within it all the Territories which by William to
Law are divisible between the Presidencies of Fort WiUiam in ^"^^
Bmgd and Agra respectively, and shall for all the Purposes
aforesaid be taken to be the Presidency of Fort WiUiam in Bengal

XLIII. < And whereas the said Company, for the Safety ^nd

* Protection of the Territories under their Government, in

* addition to their Land Forces, maintain a Marine Establish-

* ment, heretofore called " The Bombay Marine," but now called
' *' The Indian Navy ;" and by an Act passed in the Ninth Year

* of the Reign of King George the Fourth, intituled An Aef to 9 G. 4. e.7s.

* fsftend the Provisiom ofAe East India Mutiny Act to the fiom-

P 4 < bay

426 Cap. 37. East India Mutiny. 3&4Vigt.

« bay Marine^ reciting the said Act of the Fourth Year of King

< George the Fourth, and that it was expedient that Discipline

< should be enforced in the said Marine Establishment in the

* Manner provided by the said Act of the Fourth Ye§u: of King

< George the Fourth in respect to the other Forces of the said
^ Company, it is enacted, that the Provisions of the said Act of
^ the Fourth Year of King George the Fourth, and the Rules
^ and Articles of War made and to be made bv virtue thereof,

* should extend and be applied to the Service of " The Bom-

< bay Marine ;" and that all Persons in the Service of the said

* Company belonging to the said Bombay Marine who should
' be commissioned or in Pay as Officers, or enlisted or in Pay
^ as Non-commissioned Officers or Soldiers respectively in the
^ said Company's Army, should be, to all Intents and Purposes,

* liable to the Provisions of the said Act of the Fourth Year of
^ His Majesty King George the Fourth, and to the same Rules

< and Articles of War, and the same Penalties, as the OfficenB
' and Soldiers of the said Company's other Forces : And whereas
^ it is expedient to provide otlier Means for enforcing Discipline
^ in the said Marine Establishment called << The Indian Navy ;" '

Governor Ge- be it enacted, That for the retaining the Forces of the said
inCoundi em- ^^^blishment in their Duty, the Governor General of India in
powered to Council shall have Power to make Laws and Regulations for
make Laws and securing the Observance of an exact Discipline in, the said Ser-
S^g DuS^ vice called « The Indian Navy," and for bringing to a more
pline and exemplary and speedy Punishment than the usual Forms of the

punishing Of- Law will allow all Officers, Engineers, Soldiers, Marines, Sea-
l*nlM«i*Na** men, and all others belonging to the said Marine Establishment
as fully as ' '^^o shall mutiny or stir up Sedition, or shall desert the said
he may make Service, or shall commit any other Offence which in its Nature
^CT V& 4 would be cognizable by Courts-martial under this Act, or which
w. 4. c. 85. luay be against good Discipline in Naval Service, in the same

and as full and ample Manner, to all Intents and Purposes, as

by virtue of an Act passed in the Session held in the Third and

Fourth Years of the Reign of His late Majesty King William

the Fourth, intituled An Act foh effecting an Arrangement wiUi

the East India Company^ and for the better Government of His

Majestifs Indian Territories till the Thirtieth Day of April One

thousand eight hundred and ffty-fowr^ the said Governor General

in Council now has Power to make any Laws and Regulations

whatsoever ; any thing in the said last-mentioned Act, or any

other Act or Acts, to the contrary notwithstanding.

Court of XLI V. Provided always, and be it enacted. That in case the

S^'^""^' Court of Directors of the East India Company, under the Con-

disailofr any^ ^^ol of the Board of Commissioners for the Affiiirs of Indxa^

such Laws and shall signify to the said Governor General in Council their

Regulations; Disallowance of any Laws or Regulations by the said Governor

General in Council made by virtue of this Act, then and in
every such Case, upon Receipt by the said Governor General
in Council of Notice of such Disallowance, the said Governor
General in Council shall forthwith repeal all Laws and Regq-*
ions so disallowed,

XLV. Pro-

1640. JEast India Mvtiny. Cap. 37. 227

XLV. Provided also, and be it enacted, That all Laws and but unta ra.
Regulations made as aforesaid, so long as they shall remain ^^Ij^
unrepealed, shall be of the same Force and Effect, within and fy^^^
throughout the said Territories, as any Act of Parliament would
or ought to be within the same Territories, and shall be taken
notice of by all Courts of Justice whatsoever within the same
Territories in the same Manner as any Public Act of Parliament
would and ought to be taken notice of; and it shall not be ne-
cessary to roister or publish in any Court of Justice any Laws or
RejBTulations made by the said Governor General in Council.

XLVI. Provided also, and be it enacted. That it shall not be No La^r to be
lawful for the said Governor General in Council, without the J^/'^J/^"
previous Sanction of the said Court of Directors, to make any Punishment of
Law or Regulation whereby Power shall be given to any Court, l>eath Euro-
other than the Courts of Justice established by the Charters of C^^^ ^^
the Crown, to sentence to the Punishment of Death any of Her
Majesty's natural-born Subjects born in Eurcpe, or the Children
of such Subjects.

XLVIL Provided also, and be it enacted. That until the Untniucb
said Governor General in Council shall have made Laws and jf^^^jL^ ?SL
Regulations for the good Government of the said Indian Naw ^Proi^dons
bv virtue of the Powers by this Act for that Purpose given, all of this Act to
the Provisions of this Act, and the Rules and Articles of War ^^^{^
to be made by virtue thereof, shall extend and be applied to ^«^.
the said Marine Establishment called *^ The Indian Navy ;" and
that all Persons in the Service of the said Company belonging
to the said Indian Navy, who shall be commissioned or in Pay
as Officers, or enlisted or in Pay as Non-commissioned Officers
or Soldiers respectively, in the said Company's Army, shall be,
to all Intents and Purposes, liable to the Provisions of this Act,
and to the same Rules and Articles of War, and the same
Penalties, as the Officers and Soldiers of the said Company's
other Forces.

XLVIIL ' And whereas by an Act passed in the Sixth Year
' of the Reign of His Majesty King George the Fourth, intituled
' AnAct to amend Two Acts; of the Fiffy-eiffhth Year of His 6G.4.c.6i.
' late MoQesty^fhr regulating the Payment rf Regimental Debts^ and
^ the Distribution of the Effects of Officers and Soldiers dying in

* Service, and the Receipt of Sums due to Soldiers; and of the
^ Fourth Year of His present Myesty^ for punishing Mutiny and
^ Desertion of Officers mid Soldiers in the Service of the flast India
^ Company, Provision is made for the Care, Application, and

* Distribution of the Effects and Credits of Officers and Soldiers
^ in the said Company's Service, and it is expedient to render

* such Provisions more effectual ;' be it enacted. That it shall be Persons em-
lawful for all Persons who may be employed or reouired, by or ^^X^
under the Authority of any Articles of War in force for the Time to'^ooUeet
being for the European Officers or Soldiers in the Service of the £ffiwts of Offi-
said Company, to take care of, collect, or superintend or direct Ji^JIg'j^-^^i^
the Collection of the Effects of Officers or Soldiers dying in the Service abroad,
Service of the said Company out of the United Kingdom, to ask» may do so witlu
demand, and receive any such Effects, and to commence, 5]J^^^^^'

prosecute^ ministnUoiu

S28 ^ Cap. 37. Eaxt India Mutiny. 8&4'VicT.

prosecute^ and carry on any Actions or Suits for the Recovery
thereof, and to sell and dispose of the same, without taking out
any Letters of Administration, either with any Will annexed or
otherwise, in every respect as if such Officers or Persons em-
ployed or required as aforesaid had been appointed Executors or
had taken out Administration of such Effects ; and no Registrar
of any Court in the EaU Indies, or any Person acting under the
Appointment or Authority of such Court, ad coUigenda or other-
wise, shall in any Manner interpose in relation to any such Effects
unless required and authorized so to do by any such Officer or
Persons employed or required as aforesaid, any Act or Acts, Law,
Statute, or Usage to the contrary notwithstanding.
What Debta to XLIX. And be it enacted. That all Sums of Money due
Reri*°*ua "^y deceased Officers and Soldiers in respect of any Military
DebtTudto Clothing, Appointments, and Equipments, Servants Wages
have Priority due, and Household Expences auring the current Month,
accordingly. ^j. jjj rggp^ct of any Quarters, or of any Mess or Regimental

Accounts, and all Sums of Money due to any Agent or Pay-
master or Quartermaster, or any other Officer, upon any such
Accounts, or on account of any Advance made for any such
Purpose, and also any Charges or Expences attending or
relating to the Illness or Funeral of any such Officer or Soldier,
shall be deemed and taken to be Regimental Debts, and shall
be paid out of any Arrears of Pay or Allowances, or out of any
Prize or Bounty Money, or the Equipage, Goods, Chattels, and
Effects of any Officer or Soldier dying out of the United King*
dom while in the Service of the said Company, in preference to
any other Debts, Claims, or Demands whatsoever upon the
iMSlxtary Seere- Estate and Effects of such Officer or Soldier ; and if any Doubt
toiy to decide ghaU arise as to whether any Claim or Demand made in rela-
R^rimenttd^ ^^^ ^^ ^^7 Officer or Soldier is a Regimental Debt or not, or
Debts. whether such Charges or Expences attending or relating to the

Illness or Funeral of such Officer or Soldier are proper to be
allowed, such Question sliall be decided and concluded by the
Order or Certificate of the Military Secretary to the Govern-
ment of the Presidency to which such Officer or Soldier shall
have belonged ; and all such Payments shall be good and valid
in Law ; and every Person who shall make any such Payment
out of any such Arrears of Pay, Effects, or Proceeds as afore-
said under the Provisions of ^is Act, or in pursuance of any
such Order or Certificate of such Military Secretary, or into
whose Hands any such Money shfdl come, shall be and are
hereby indemnified for and in respect of such Payments, and
all other Acts, Matters, and Things done in pursuance of the
Provisions of this Act, or of the Order or Certificate of the
said Military Secretary, in relation to the Distribution of (such
Assets ; any thing in any Act or Acts, or Law or Laws, to the
contrary notwithstanding.
Regimental L. And be it enacted. That all such Regimental Debts shall

^*>*»tobepaid and may be paid without Probate of any Will being obtained,
Ute OT^Letten ®' ^^J L^t^w of Administration, or any Confirmation of Testar
of AdminiitrA- ment, or liCtters. testamentary or dative^ being taken out of any

Person;

1840. Eait India Mutiny. Cap. 37. 929

Pereon ; and the Sarplus only of such Arrears of Pay or Allow- *"on, and the
ances, Prize or Bounty Money, Equipage, Goods, and Chattels, ^^^ deemed
or the Proceeds thereof, shall be deemed the Personal Estate of the Penonal
the Deceased, for the Payment of any Duty in respect of any ^f^,^^
Probate, or of any Letters of Administration or Confirmation
of Testament, or Letters testamentary or dative, or for the
Purpose of Distribution as Personal Estate; and it shall be Mflitary Secre-
Iswful for the said Military Secretary to order and direct the ^ **» ■^°""
Psyment or Distribution of any such Surplus in any Case in surplin'wben
▼hich the same shall not exceed Five hundred Company's not exceeding
Rupees, without any Probate or Letters of Administration or ^ Company'^
Confirmation of Testament, or Letters testamentary or dative, oot^Probateor
or Payment of any Duty of Stamps, or upon Legacies or other- Administration,
wise ; and it shaU also be lawful for any Paymaster or other •^ ^*y *"*•
Penon to issue any Sum not exceeding the Value of Five
bnndred Company's Rupees which may be due to any Officer
deceased, or to the Widow or Relative of any Officer deceased,
or to the Representative or Representatives of any such
Officer's Widow or Relative in India, in like Manner without
any Probate or Letters of Administration, or Confirmation of
Testament, or Letters testamentary or dative, or Payment of
any Duty of Stamps, or upon Legacies or otherwise, the same
to be paid to the Person who shall be notified by the said
Military Secretary as aforesaid as being entitled thereto ; and
all such Payments respectively shall be as valid and efiectual,
to all Intents and Purposes, as if the same had been made by
or to any Executor or Administrator, or under the Authority
of any Probate or Letters of Administration, or Confirmation
of Testament, Letters testamentary or dative^ any thing in
any Act or Acts, or Law or Laws, to the contrary notwith-
standing.

LI. And be it enacted. That such Efiects, or the Proceeds Effects remit-
or Surplus of such Effects, of any Officer or Soldier so dying, ^ not deemed
when remitted to any Person under any Order of the Military piacf to*^eh
Secretary to the Government of any of the said Company's remitted so as
Presidencies, or to such Military Secretary, shall not by reason *?/®°^5 .
of commg to the Hands of such Person or Military Secretary nec^^AcT*
be taken to be Assets or Efiects in the Place to which such
Proceeds or Surplus may be remitted so as to render it neces-
saty that Administration should be taken out in respect
thereof; and it shall be lawful for the Military Secretary to Military Seere-
the Government of the Presidency to which the deceased J^rdeHRemU-
Officer or Soldier shall have belonged to order that such unce of Effects
Effects, or the Proceeds or Surplus of any such Effects, shall *© any other
be remitted to any other Place in India where the same can ^^^ ^
more conveniently be paid over to the Person or Persons
entitled thereto; and the Obedience to the Orders of such
Military Secretary in respect to the Payment and Disposal of
any such Effects, Proceeds or Surplus of such Effects, shall be
a Discharge from all Actions, ^uits, and Demands in respect
thereof to any Person to whose Hands any such Effects, Pro-
ceeds, or Surplus shall have come^ and which shall have

been

230* Cap. 87. East India Mutiny. 3&4Vicr.

been paid and disposed of under the Order of such Military

Secretary.

Modeofadmi- LII. And be it enacted, That the Effects, or the Proceeds or

nistering Sm- Surplus of such Effects, of any such Officer or Soldier dying as

puspiescri . ^f^j-ggj^^j^ which shall remain after satisfying such Regimental

Debts as aforesaid, shall, with all convenient Speed, be trans-
mitted to such Military Secretary, by the Officer or Person
employed or required to take care of, collect, and receive the
same as aforesaid ; and such Military Secretary shall cause the
same, or the Surplus thereof remaining after satisfying such
Debts, and after 3uch Payment and Application as is herein-
before authorized, to be paid to the Executor or legal Repre-
sentative (if in JbuKa) of such Officer or Soldier ; or if such
Executor or legal Representative shall not be in India^ or shall
not, within Twelve Months from the Death of such Officer or
Soldier, claim such Surplus, then and in that Case such Mili-
tary Secretary shall remit the said Surplus to the Court of
Directors of the said Company in LondoTif to be by them paid
to the Executor or legal Representative of such Officer or Sol-«
dier so deceased; and such Remittance, at the End of Twelve
Months as aforesaid, shall be a Discharge to such Military
Secretary from all Actions, Suits, and Demands in respect of
Registrars of such Surplus: Provided always, that the Registrars of Her
Si^reme Courts Majesty's several Supreme Courts in India shall not be required
AdmUiktradoii ^^ entitled to take out Letters of Administration, with the Will
to Surplus. annexed or otherwise^ in respect of such Surplus ; and in all
Court of Cases in which the Surplus, so to be remitted by the said Mili-

Directors may tary Secretary to the said Court of Directors in London^ shall

miW^Sur^u*. "^^ ^*^^®^ ^'^^^ Pounds, it shall be lawful for the said Court
if not exceeding of Directors to order and direct the Payment and Distribution
50L thereof to the Parties entitled thereto, without any Probate,

Letters testamentary or dative, or Pa}rment of any Duty of
Stamps, upon any Legacies or otherwise.
Preceding LIU. ^ And whereas it is expedient that the Benefit of

^'Si^Effecu ' Provisions, similar in Principle and Extent of Operation
of deceased ' to those hereby enacted, respecting the Collection and Con-
Officers and < version into Money of the Effects of Officers or Soldiers
te^^d^"t*tfi ' ^y^"g ^^ *® Service of the said Company out of the United
Indian NaTj. ^ Kingdom, and the Nature and Priorities of Debts of such

' Officers or Soldiers, and the General Administration of
< the Proceeds or Surplus of such Effects, should be extended
* to the Indian Navy;' be it therefore enacted. That the
Governor General of India in Council shall have Power to
^ make Laws and Regulations in manner aforesaid, to be sub-
ject to such Disallowance as aforesaid, for providing for the
due Collection and Conversion into Money the Priorities and
Discharge of Debts out of, and the Application, Remittance, and
Distribution of the Effects and Credits of Officers, Engineers,
Soldiers, Marines, Seamen, and all others belonging to the said
Marine Establishment called the Indian Navy, who shall happea
to die in the Service of the JEast India Company out of the
United Kingdom; provided that such Laws and Regula*

lions,

1840. Baa Lidia Mutiny. Cap. 37. 281

tioDs, SO far as the Nature and Circumstances of the different
Cases will permit, shall, in Principle and Substance, be con-
formable to and in Extent of Benefit shall not exceed the
Provisions herein-before contained respecting the Administra-
tion of the Effects of Officers and Soldiers so djdng in Service
as aforesaid ; and for the Purpose of Distribution of the Surplus
of the Effects of such Officers, Engineers, Soldiers, Marines,
Seamen, and all others belonging to the said Indian Navy, under
any such Laws and Regulations, in Cases in which their legal
Representatives shall not be in India^ such Surplus shall be
remitted to the Court of Directors of the said Company in
hmdan; and in all Cases in which the same shall not exceed
Fifty Pounds, it shall be lawful for the said Court of Direc-
tors to order and direct the Payment and Distribution thereof
to the Parties entided thereto, without any Probate, Letters
testamentary or dative, or Payment of any Duty of Stamps,
upon any Legacies or otherwise.

LIV. And be it enacted. That in all Places where the said Where Troope
Company's Forces now are or may be employed, or where any !JI^J|^°juria,
Body of Her Majesty's Forces may be serving with the Forces diction of Uie
of the said Company, situate beyond the Jurisdiction of the Court of
Court of Requests established at the Cities of CalcuttOy Madras, ^"^^
and Bombay respectively, Actions of Debt, and all personal not exceeding
Actions against Officers, all Persons licensed to act as Sutlers ^<^ Company^k
to any Corps or Detachment or at any Station or Cantonment, ^JJ^i^bya
all Persons resident within the Limits of a Military Canton- Military Court,
ment, or other Persons amenable to the Provisions of this Act,
shall be cognizable before a Court of Requests composed of
Military Officers, and not elsewhere, provided the Value in
question shall not exceed Four hundred Company's Rupees,
and that the Defendant was a Person of the above Description
when the Cause of Action arose, which Court the Commanding
Officer of any Station or Cantonment is hereby authorized
and empowered to convene ; and the said Court shall in all Compoeition
practicable Cases consist of Five Commissioned Officers, and in ^ ^fS^court
no Instance of less than Three, and the President thereof shall prescribed;
in all practicable Cases be a Field Officer, and in no Case be
under the Rank of a Captain, and every Member having served
Kve Years as a Commissioned Officer ; and the President and
Members assisting at any such Court, before any Proceedings
to be had before it, shall take the following Oath upon the Holy
Evangelists, which Oath shall be administered by the President
of the Court to the other Members thereof, and to the Presi-
dent by any Member having first taken the Oath ; (that is to
«ay,)

* I swear. That I will duly administer

* Justice according to the Evidence in the Matters that shall

* be brought before me. So help me GOD/
And every Witness before any such Court shall be examined
on Oath, which such Courts are hereby authorized to admi-
nister, or if Natives of the East Indies, on Oath or solemn
^declaration, as the Circiunstances of the Case may require;

and

282 Cap. 87. East India Mutiny. 8 & 4 Yicr.

and its Powers and it shall be Competent for such Courts, upon finding any
^ * Debt or ^Damage due» either to award Execution thereof

generally, or to direct that the Whole or any Part thereof shall
be stopped and paid over to the Creditor out of any Pay or
Public Money which may be coming to the Debtor in the
current or any future Month, or to be paid by Instalment on
sufficient Security ; and in case the Execution shall be awarded
generally, the Debt, if not paid forthwith, shall be levied by
Seizure and public Sale of such of the Debtor's Goods as may
be found within the Camp, Garrison, or Cantonment, under a
written Order of the Commanding Officer grounded on the
Judgment of the Court ; and the Goods of the Debtor, if
found within the Limits of the Company's Garrison or Canton*
ment to which the Debtor shall belong at any subsequent Time,
shall be liable to be seized and sold in satisfaction of any
Remainder of such Debt or Damages ; and if sufficient Goods
shall not be found within the Limits of the Camp, Garrison, or
Contonment, then any Public Money, or any Sum not exceed-
ing the Half Pay accruing to the Debtor, shall be stopped in
Liquidation of such Debt or Damage ; and if such Debtor shall
not receive Pay as an Officer or from any public Department,
but be a Sutler, Servant or Follower, he shall be arrested by
like Order of the Commanding Officer and imprisoned in
some convenient Place within the Military Boundaries for the
Space of Two Months, unless the Debt be sooner paid.
Pmuabment LV. And be it enacted. That any Person wilfully and

Testmon ^^ knowingly giving false Testimony on Oath, or solemn Declara*

tion or Affirmation in any Case wherein an Oath or solemn
Declaration is required to be made, shall be deemed guilty of
wilful and corrupt Perjury, and being thereof duly convicted
shall be liable to such Pains and Penalties as by any Law in
force in India any Persons convicted of wilful and corrupt Per-
jury are subject and liable to ; and every Commissioned Officer
convicted before a General Court-martial of Perjury shall be
cashiered ; and every Soldier or other Person amenable to the
Provisions of this Act found guilty thereof shall be punished at
the Discretion of a General or Regimental Court-martial.

^l^°° ""^ ^^^* ^"^ ^^ ^^ enacted, That any Action which shall be
c »on»- brought against any Person for any thing to be done in pursu-

rS^S^c. *^"^® ^^ ^^^* ^^^ ^^^^^ ^^ brought within Six Months, and it

shall be lawful for every such Person to plead thereunto the
General Issue of Not Guilty, and to give all special Matter in
Evidence to the Jury which shall try the Issue ; and if the
Verdict shall be for the Defendant in any such Action, or the
PlaintiflP therein become nonsuited or suffer any Discontinu-
ance thereof, the Court in which the said Matter shall be tried
shall allow unto the Defendant Treble Costs, for which the
said Defendant shall have the like Remedy as in other Cases
where Costs by the Laws of this Realm are given to Defen-
dants ; and every Action against any Person for any thing to
be done in pursuance of this Act, or against any Member or
Minister of a Court-martial in respect of any Sentence of such

Court,

1840. East India MuHny. Cap.37. 988

Court, or of any thing done by virtue or in pursuance of such
Sentence, shall be brought in some of the Courts of Record
at the Presidency under which such Person is serving, or in
the Courts of Record at Westminster or in Dublin^ or the Court
of Session in Scotland, and in no other Court whatsoever.

LVIL And be it enacted, That all Penalties by this Act ^°^''^^,^
imposed for persuading or procuring any Soldier to desert ^"foU^rocur-
may and shall be sued for and be recoverable in any Court of ing Dcicrtiopu
Record at the JPresidency under which such Offender shall be
resident ; provided that no Action shall be brought or Prose-
cution carried on by virtue of this Act for the Penalties afore-
said, unless the same be commenced within Six Months after
the Ofience is committed

LVIIL Provided always, and be it enacted, That nothing in Kottoaff^
this Act contained shall in any Manner affect Her Majesty's ^llj^^
Royal Prerogative of Mercy. iVcrogaute.

LIX. And be it enacted, That this Act shall commence and Commenoe.
take effect from and after the First Day of Jonuaiy One thou- "^l^^Jed
sand eight hundred and forty-one, except where any other of Ibrmer Act.
Commencement is particularly directed ; and that from and
after such Day all Powers and. Provisions contained in the said
Act of the Fourth Year of the Reign of His late Majesty King
Gtorge the Fourth shall cease and determine, and that die said
Act shall be and is hereby repealed.

SCHEDULE to which this Act refers.

Form of Oaths to be taken by the President and Members

of Courts-martial.

YOU shall well and truly try and determine, according to the
Evidence in the several Cases and Matters which shall be
brought before you, upon the General Court martial now
assembled. So help you GOD.

J A»B, do swear. That I will duly administer Justice as a
Member of the General Court-martial now assembled, upon
the several Cases and Matters which shall be brought before the
same, according to the Rules and Articles for the better
Government oi the Forces of the East India Company, and
according to an Act of Parliament now in force for the Punish-
ment of Mutiny and Desertion of the said Forces, and other
Crimes therein mentioned, without Partiality, Favour, or
Affection; and if any Doubt shall arise which is not explained
by the said Articles or Act, according to my Conscience, the
b«8t of my Understanding, and the Custom of War in the like
Cases : And I further swear that I wUl not divulge any Sentence
of the Court until it shall be duly approved or published in
General Orders : And I further swear, that 1 will not, upon any
Account, or at any. Time w^hatsoever, disclose or discover any
Vote or Opinion of any particular Member of the Court-martial
unless required to give Evidence thereof as a Witness by a
Court of Justice or a Court-martial in due Course of I^iw.

So help me GOD.

234 Cap. 37, 38. Asseseed Taxes Composition. 3 & 4 Vict.

Form of Oath to be taken by the Judge Advocate or

Person officiating as such.

T do swear. That I will not, upon

any Account whatsoever, disclose or discover any Vote or
Opinion of any particular Member of the Court-martial, unless
required to give Evidence thereof as a Witness by a Court of
Justice or Court-martial in due Course of Law

So help me GOD.

CAP. xxxyiii.

j^</r/7i^Z^ An Act to continue Compositions for Assessed Taxes

until the Fifth Day oi April One thousand eight
hundred and forty-two. - []4th August 1840-3

* W/'HEREAS by an Act passed in the Second and Third
2&sVict.c,35. * Years of the Reign of Her Majesty, intituled An Act to

* contintie for One Year Compositions for Assessed Taxes, [and to

* alter the Period for the Expiration (fGame CertificateSy and for

* grasnJting Licences to deal in Game, the Compositions for Assessed
4&5W.4.C.54. « Taxes entered into or renewed under the Authority of an Act

' passed in the Fourth and Fifth Years of the Reign of His late

* Majesty King William the Fourth were continued until the

* Fifth Day of-^prt70ne thousand eight hundred and forty-one>
< and it is expedient to continue the same for a further Term

* of One Year :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

Compositioiis Parliament assembled, and by the Authority of the same. That
T^ '^"^^'dn ed ^ Contracts of Composition for the Duties of Assessed Taxes
for a further Qow in forcc shall be and the same are hereby continued iv^
Term of One force for a further Term of One Year, to be computed from the
A^th'if^ril ^^^^ ^y ^^ April One thousand eight hundred and forty-one,
1842; and to determine on the Fifth Day of April One thousand eight

hundred and forty-two, under the same Rules, Regulations,
and Privileges as if such Compositions did not by the L^ws now
in force expire before the last-mentioned Day; and all tlie
Powers and Provisions of the several Acts relating to or con-
tinuing such Compositions, or for collecting or enforcing Pay-
ment thereof, shall be extended and applied to the Contracts
of Composition continued under this Act, to all Intents and
Purposes, as if the same had been herein repeated and re-
enacted,
except xQ Cases H. Provided always, and be it enacted. That this Act shall
^^r -^"n" ^^^ extend to the Contract or Composition of any Person who
tice tod^er^ 8^*^^ be desirous of determining the same on the Fifth Day of
mioe the same April One thousand eight hundred and forty-one, and who shall
on the 5th April ^^ ^j. before the Tenth Day of October One diousand eight

hundred and forty give Notice thereof in Writing to the
Assessor or Collector of the Parish or Place, or to the Surveyor
acting in the Execution of the Acts relating to the Duties of
Assessed Taxes for the District in which such Composition shall
be payable.

1840. Twmpihe Trusts. Cap. 39« 235

CAP. XXXIX.

An Act to authorize {Trustees or Commissioners of
Turnpike Roads to appoint Meetings for executing
their Trusts in certain Cases. [4th August 1840. J

T^HEREAS an Act was passed in the Third Year of the
^* Reign of His late Majesty King George the Fourth,
intituled An Act to amend the general Laws now in being for s G. 4. c. 1S6.
regulating Turnpike Boads in tliat Part of Great Britain called '''^^'
England^ whereby it was enacted, that where a sufficient
Number of the Trustees or Commissioners of any Turnpike
Road should not meet on the Day appointed by any Act or
Acts of Parliament for making, repairing, or maintaining any
Turnpike Road for their First Meeting, or should not meet
on the Day appointed by Adjournment for their Meeting, or
for Want of a proper Adjournment, by which Means, or by
some or one of them, the Intent of such Act or Acts might be
frustrated, in all or either of the said Cases it should be
lawful for so many of the said Trustees or Commissioners as
should meet^ or the major Part of them, or, in case no such
Trustee or Commissioner should be. present, for their Clerk
or Clerks, to cause Notice in Writing to be affixed on all
the Turnpike Gates which should be then erected on the said
respective Roads, or if no Turnpike Gate should then be
erected to cause the like Notice to be affixed in the most con-
spicuous Place in one of the principal Towns or Places nearest
to which the Roads directed to be repaired should lie, and
also in some public Newspaper circulated in the County in
which the Road should be situate, at least Ten Days before
the intended Meeting, appointing such Trustees or Commis-
sioners to meet at such Place where the preceding Meeting
was appointed to have been held, or at the Place directed for
the First Meeting of such Trustees or Commissioners, if no
such preceding Meeting should have been held ; and the said
Trustees or Commissioners, when met in pursuance of such
Notice, should and might and they were thereby required to
proceed and carry such Act or Acts into execution, in the
same and in as ample and full a Manner to all Intents and
Purposes as they might or could have done if no such N^lect
had happened : And whereas the said recited Provisions hav6

been found inadequate to the Purposes intended to be pro-
vided for, and it is expedient that more ample Provision should

be made:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the ydf^ p^^-
s^e, That the said recited Provisions shall be and the same visions of Act
are hereby repealed. ^ ^' "*• ^- ^2®-

11. And be it enacted, That where a sufficient Number of Providing for
the Trustees or Commissioners of any Turnpike Road shall not ^^jj^t^^funi.
®eet on the Day. appointed by any such Act or Acts respec- ber of Trustees
[No. 16. Price 2rf.] Q tively do not attend

90fl

on the Day ap-
pointed for the
First Meeting
of Trustees
under any Act
relating to
Turnpike
Roads.

Cap. 89, 40.

fVeH India Belief.

8&4VK?r.

Act may be
amended this
Session.

S&SW.4.
c. 125.

tively for their First Meeting, or shall not meet on the Day
appointed by Adjournment for their Meeting, or for Want of a
proper Adjournment, by which Meant, or by some or one of
them, the Intent of the said Act or Acts may be frustrated, in
all or either of the said Cases it shall be lawful for so many of
the said Trustees or Commissioners as shall meet, or the major
Part of them, or in case no such Trustee or Commissioner shall
be present, for their Clerk or Clerks, or in case of the Death,
Resignation, Absence, Incapacity, Neglect, or Refusal of such
Clerk or Clerks, for any Five or more of such Tiiistees or Com-
missioners to cause Notice in Writing to be affixed on all the
Turnpike Gates which shall be then erected on the said re-
spective Roads, or if no Turnpike Gate shall then be erected to
cause the like Notice to be affixed in the most conspicuous
Place in one of the principal Towns or Places nearest to which
the Roads directed to be repaired do lie, and also in some
public Newspaper circulated in the County in which the Road
shall be situate, at least Ten Days before the intended Meeting,
appointing such Trustees or Commissioners to meet . at the
Place where the preceding Meeting was appointed to have been
held, or at the Place directed for the First Meeting of such
Trustees or Commissioners, if no such preceding Meeting shall
have been held ; and the said Trustees or Commissioners, when
met in pursuance of such Notice, shall and may and they are
hereby required to proceed and carry such Act or Acts into
execution in the same and in as ample and full a Manner to all
Intents and Purposes as they might or could have done if no
such Neglect had happened.

III. And be it enacted, That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament

CAP. XL.

An Act to amend Two Acts of His late Majesty King
William the Fourth, for the Relief of certain of Her
Majesty's Colonies and Plantations in the West
Indies. [4th August 18400

< Yl/" HERE AS by an Act passed in the Session of the

* ^^ Second and Third Years of the Reign of His late

* Majesty King William the Fourth, intituled An, Act for enor

< hling His Majesty to direct the Issue of Exchequer Bills to a

* limited Amount^for the Purposes and in the Manner therein men^

< tioned; and for giving Relief to Trinidad, British Guiana, ixnd

< Saint Lucie, it was amongst otlier things enacted, that it

* should be lawful for the Commissioners thereby named and

* appointed, or other the Conunissioners for the Time being
' acting in the Execution of the said Act, or any Three of them,
^ to advance and lend Exchequer Bills, to such Amount and in

* such Proportions as therein specified, to the Owners and Per-

< sons interested in Estates which had suffered Injuries from the

* Causes therein mentioned in the Islands of Jomatco, JS^rte-

* does^ Saint Vincent, and Saint Lucie, and in certain other of

« Her

1840. Weii India Belief. Cap.iO. 287

< Her Majesty's Colonies and Plantations in the Went Indies ;
' and that the said Commissioners, or any Three of them, as
' therein mentioned, should take such Security or Securities as

< therein mentioned for the Repayment of any Advances or
' Loans made as therein mentioned, at or before the Expiration
^ of Ten Years from the Time of such Advances respectively,
' with Interest for the same in the meantime after the Rate of
^ Four Pounds per Centum per Annum, such Interest to be paid
Mn manner in the said Act mentioned; and it was further
' enacted, that if any Default should be made in the Repayment

< of all or any Part of such Loan or Advance for which any

< sach Mortgage should be accepted or taken by the said Com-
I missioners as a Security (but not otherwise), the said Com-

< missioners, or their Attornies or Attorney, to be appointed

< for that Purpose by the proper Proceedings in the said Islands,

< upon Judgment to be entered up, should take Possession of all
' or any Parts or Part of the said mortgaged Premises, and by

* Sale or Mortgage of the same, or a competent Part thereof

* raise and levy such Sum or Sums of Money as should be

< sufficient to repay all Monies due upon or in respect of such

< Loan or Advance, and the Interest thereof, and all Costs and

* Charges attending such Proceedings, and the Monies so re-
' covered (the Costs and Charges as in the said Act mentioned

* excepted) should be paid and applied in reimbursement and

< satisfaction of the Sum due upon or in respect of such Loan
' or Advance, in like Manner as the Sums of Money to be

* recovered under the Proceedings authorized by the therein-

* recited Act, in default of Payment, were thereby directed to

* be paid and applied ; and that the Receipt of such Persons

* or Person as the said Commissioners, or any Three or more
' of them should nominate and appoint as their Attornies or
' Attorney in the said Islands or in Great Britain should alone

* be a full and sufficient Discharge to such Mortgagees or Pur-
' chasers, or Mortgagee or Purchaser, for the Monies or Money

* advanced on Mortgage, or for the Purchase Monies or Purchase

* Money of the respective Premises so mortgaged or sold, and

* such Mortgagees or Purchasers, or Mortgagee or Purchaser,
' should not be bound to see to the Application thereof, nor
' should be liable or in any Manner accountable for the Mis*
' application or Nonapplication of such Monies or Money by
' the Attornies or Agents of the said Commissioners, or any
^ of them ; and that the Attornies or Agents so to be appointed
' as aforesaid should give Security, by Obligations to His Mar

* jesty, with such Sureties as the said Commissioners or any
' Three or more of them should approve, duly to account to
' the said Commissioners for, and to pay to the Cashiers of

* the fiank of England, when and as the said Commissioners
' or any .Three or more of them should direct or appoint,
' all such Sum or Sums of Money as they should recover
' or receive under or by virtue of such Appointments, after
^ deducting all Costs, Charges, and Expences which should
' or might be incurred in the Recovery thereof, and the Comr

Q 2 ' mission

288

Cap. 40.

West India Belief.

3&4Vicr

5&6W.4.

c51.

Coramissionen,
with Consent cf
TreasiirVf to
grant Extension
of Time limited
for Repayment
of Loans, not
exceeding Ten
Years, on cer-
tain Conditions.

mission or Compensation to be paid or allowed to such Attor-
nies.or Agents for their Trouble, which Costs, Charges, and
Expences, Commission or Compensation, should be examined
and allowed by the said Commissioners or any Three or more
of them, in such Manner and to such Extent as they in their
Discretion should think fit ; and that the said Attornies or
Agents to be appointed as aforesaid should alone be Account-
ants to His Majesty for such Sum and Sums of Money as
they should recover under or by virtue of the now* reciting
Act : And whereas by an Act passed in the Session of the
Fifth and Sixth Years of the Reign of His said Majesty King
WiUiam the Fourth, intituled An Act for granting Relief to the
Island o/* Dominica, and to amend an Act of the Second and Third
Years (f His present Mcgesty^ for enabling His Majesty to direct
the Issue of Exchequer Bills to a iimited Amount for the Purposes
therein mentioned, it was amongst other things enacted, as
therein mentioned, that it should be lawful for the Commis-
sioners acting in the Execution of the said recited Act to
advance Exchequer Bills to a certain Amount to the Owners
of and Persons interested in the Estates and Property in the
said Island of Dominica which had suffered Injury from the
Causes therein mentioned, and that all such Advances should
be made in such and the same Manner, and under and sub-
ject to such and the same Conditions, Provisions, and Resti*ic-
tioiis, and on such. Securities, and in all respects whatsoever,
as was provided and directed by the said recited Act with
regard to Advances to be made to Owners and Persons in-
terested in the Estates in the said Islands of Janmica, Bar^
badoeSf Saint Vincent, and Saint Lucie, and in all respects
whatsoever, so far as the same could be made applicable, and
were not varied by the said Act now in recital, as if the said
Island of Dominica had been included in the said Act as one
of the Islands to be relieved : And whereas it is expedient
that the Powers and Provisions contained in the firstly herein-
before recited Act with respect to any Extension or Enlarge-
ment of Time for the Repayment of any Loans made or to
be made in pursuance of the said Acts should be altered and
enlarged as after mentioned :' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same. That it shall be lawful for the said Commissioners for
the Time being acting in the Execution of the said recited
Acts, or any Three of them, with the Consent in Writing of
the Lord High Treasurer for the Time being, or of any Three
or more of the Commissioners of Her Majesty's Treasury of
the United Kingdom of Great Britain and Ireland for the Time
being, upon any Application made to tliem at any Time before
the passing of this Act, or upon any Application' hereafter to
be made, and which Application is hereby authorized to be
made, notwithstanding the Period for making such Applica-
tion shall have elapsed, to grant any Extension or Enlargement

of

1840. Wegt India Belief. Cap, 40. 230

of the lune limited for the Repayment of any Loan' or Ad-
Tance which shall have been or shall be made under the Provi-
sions or Authority of the said herein-before recited Acts of the
Second and Third and of the Fifth and Sixth Years of the
Reign of His said late Majesty King William the Fourth, or
any Part of such Loan or Advance, for any Period not exceed*
ing Ten Years from the Day originally fixed for the Repayment
thereof, or the last Instalment thereof, together with Interest
for the same in the meantime after the Rate of Four Pounds
]per Centum per Armunij to be computed from the Day on which
such Extension or Enlargepient of Time shall be granted, so
as every such Extension of Time be made in every Case on
Condition that the Loan shall be paid by equal annual InstaK
ments, not exceeding Ten in Number, and the first Instalment
to be made at the End of One Year from the Expiration of the
Time originally fixed for the Repayment of the said Loan or
the last Instalment thereof, and so as no such Extension of Time
be granted except on Condition that an absolute Power of Sale
be vested in Her Majesty, Her Heirs and Successors, of the
Hereditaments and Premises charged with such Loan, in all
Cases where any Hereditaments or Premises are so charged, in
case Default shall be made in Payment of any One of the said
annual Instalments, or of any One Year's Interest on the said
Loan, or such Part as shall be due, or any Part thereof respec-
tively, for Six Calendar Months after the same shall be due :
Provided always, that no such Sale shall be made as aforesaid
unless for at least Three Calendar Months previously to any
such Sale there shall have been inserted in the LomUm Gazette^
and in such public Newspaper or Newspapers in the Colony
where the* Property shall be situated as the said Commissioners
shall direct, a Notice of the Intention of the Commissioners to
exercise their Power of Sale in pursuance of the Powers vested
in them to make such Sale ; and any such Sale may be made
at any Time after such Three Months Notice shall have been
given ; and any such Sale may be made by the said Commis-
sioners, subject to such special Conditions as to the Title, or the
Deeds, Copies, or other Evidences to be produced, the Evidence
relating to the Identity of the Property sold, and the Mode
and Times of Payment of the Money, and any Contract for
Sale may be altered or rescinded by the said Commissioners in
such Manner and in all respects as they shall think fit : Pro-
vided also, that every such Application shall be made not less
than One Year before such Time or Times so limited as afore-
said shall arrive.

II. And be it enacted. That every Person who by the herein- Parties bj
before recited Acts were authorized to charge any Plantations ^hom the
or Hereditaments for the Purpose of securing any Loan to be ^S^^^^J^
made in pursuance of the said Acts, their Kepresentatives or Act* empow.
Assigns, shall and may and are hereby authorized to apply ^r^ to apply
for such Extension of Time, and also to grant and assure ^a to^^ve Ae
to Her said Majesty, Her Heirs and Successors, such Power of required Power
Sale as is herein-before provided; and such Power of Sale, ofSde.

Q 3 when

S40 r Cap. 40. West India Relief. 3 & 4 Vict.

when granted5 shall have such and the like Priorities in all

respects as if the Person or Persons having made the original

Charge under the said Acts had been authorized under the

said Acts to grant such absolute Power of Sale with such Pri*-

ority as by the said Acts is provided, and had actually granted

the same in the original Charge or Mortgage.

Commisrionen UI. And be it enacted, That it shall be lawful for the said

fuTtherSecurit Commissioners, with such Consent as aforesaid, to require any

for Extension further Security to be granted and given to Her Majesty, Her

of Time. Heirs and Successors, as a Consideration for the Extension of

such Time as aforesaid.
Power of Sale IV, And be it enacted, That the Power of Sale so to be
may, in caae of granted to Her Majesty, Her Heirs and Successors, as afore-
^^***kBd*b th ^^^^ ^^Vi ^^ case of any Default being made in the Payment
' Commissionera o^ any Instalment of the said Loan, or the Interest thereon, or
or their Attor- any Part thereof respectively, be exercised by the Com mis*
^^^' sioners for the Time being acting in the Execution of the

said Acts, or any Three of them, or by any Attorney or At-
tornies by them or any Three of them appointed for that Pur-
Receipu of pose by Deed under their Hands and Seals ; and that the Re-
ComxnisswnerB ceipt of the said Commissioners or any Three of them, or of
niestobeeffcwl any such Attorney or A ttomies so appointed as aforesaid, for
iiuU Discharges, the Monies to arise from the Sale of the said Hereditaments

and Premises, and from the Rents and Profits of the said Here-
ditaments and Premises, before Sale and after any such Default
as aforesaid, shall be good and sufficient Discharges for the
Cotnmissioners, Bame to the Persons paying the same ; and that the said Com-
or their Attor- missioners or any Three of them, or their said Attorney or
ney, may con- Attomies, may, on behalf of Her said Majesty, Her Heirs and

Successors, convey and assure the Hereditaments whith may be
so sold to any Purchaser or Purchasers, or as he, she, or they
may direct, and in all respects as Her Majesty, Her Heirs and
Successors, could do under the said Power of Sale.
^^S'u-'tttor ^' ^^^ ^ ^^ enacted. That it shall be lawful for the said
ney may pay " Commissioners, or their said Attorney or Attornies, after re-
Surplus of Pur- taining and paying all Monies due on any such Security as
chase Monies, aforesaid, and all Expences in anywise relating to the said
of ExpencesTto Salcs, or the making out the Title to the Property sold, to pay
Parties entitled, over the Surplus, if any, of the said Purchase Monies to the
or into the Party or Parties entitled to the same, or, at the Disci-etion of
eery, or Court' ^^^ ^'^ Commissioners, without any special Order for that
in the Island. Purpose or other Authority than this Act, to pay the same into

the Bank of England in the Name and with the Privity of the
Accountant Greneral of Her Majesty's High Court of Chancery
in England^ to be placed to his Account there '^ Ex parte the
West Indian Islands Relief Commission," or into such Court in
the Colony in which the Property sold may be situate as by the
Law of the said Colony may be authorized to receive as De-
Courts may posits Money involved in or the Subject of any Suit; and the
make Order fiir gj^j J Qq^xI of Chancery, or such other Court into which such
^ j^iymenr ' Monies may be paid, may, on Petition of any Parties claim-
thereof. . ing to be interested therein, make such Order for the Invest*

ment

1840. m$t India BeUef. Cap. 40. 241

ment of the said Monies, and for the Payment thereof to the

Parties who shalJ appear to be entitled thereto, as such Court

may think proper; and after any such Payment as aforesaid Payment into

by the said Commissioners, Her Majesty, Her Heirs and Sue- ^""^ *° ^r^^

cessors, and the said Commissioners, and such Attorney or gponsibility. '

Attornies as aforesaid, shall be freed from all Responsibility as

to the Payment or Application of such Monies.

VI. And be it enacted, That the Monies to be secured by Monies secured
any such further Security or any such Extension of Time as ^S|^,^^*^t^
aforesaid shall be paid in such Manner as by the said first- ^et.
recited Act is mentioned and provided ; and any Attorney or Attornies.
Attornies to be appointed for the Purposes of any such Sale

or Sales shall give such Security as in the said first recited
Act is mentioned ; and for effecting such Sale as aforesaid the Commissionen
said Commissioners shall not be obliged to enter up any Judg- "^Jer****^*^
ment or Judgments, or take any other preliminary legal Pro- judKmeot ibr
ceedings against the Person or Persons making such Default effecting Sales.
as aforesaid, his, her, or their Representatives or Assigns, any
thing in the said first-recited Act to the contrary contained in
anywise notwithstanding.

VII. And be it enacted. That, notwithstanding any such Extmsionof
Extension of Time as aforesaid, the same shall not be in any- ^*™®jj^* ^
wise taken to prejudice the Right, Estate, Interest, or Powers l^^wen^nder
of Her Majesty, Her Heirs or Successors, under the original original Secu-
Security or Securities which may have been granted to Her J^^jj^jn^g^*^*
Majesty, Her Heirs and Successors, in case Default shall be meantime in
made^ before the Period of such Extension of Time shall Payment of
arrive, in the Payment of the Interest on any such Loans l^teresu

as aforesaid, but that such Right, Estate^ Interest, and Power
shall continue in full Force in all r^pects as if such Extension
of Time had not been grant^

VIII. Provided always, and be it enacted. That, notwith- Assent of in-
standinj? the Assent or Concurrence of any Person or Persons ?*™*''[f"*'tI[!!L

,.o. / &C. who asaen-

faavmg or claiming to have any Estate, Interest, Incumbrance, ted to Loans
Lien, Claim, or Demand on any Property comprised in any not required to
Securi^ or Securities taken or to be taken by the said Com- TimTfoT °^
missioners for the Purposes of the said recited Acts may have Repayment
been procured or taken on the making such Security or Secu^
rities, it shall ^not be necessary for the said Commissioners
to obtain or require any such Concurrence or Assent to any
further Security or Securities to be made on any such Exten-
sion of Time as aforesaid under the Provisions of this Act.

IX. And be it enacted. That all and every the several Clauses, Powers of for-
Powers, Provisoes, Enactments, Penalties, and Restrictions in ^^^ ^^

the said recited Acts contained, so far as the same can be made s^urities under
applicable, and are not varied by this Act, shall be taken to extend this Act.
to this Act, and to every thing to be done and the further Se-
curities to be taken in pursuance of this Act, and in all respects .
as if such Extension of Time and further Security had been
granted and made in pursuance of the Provisions of this Act.

X. And be it enacted. That this Act may be altered or Act may be
repealed by any Act to be passed in this Session of Parliament, ^^ncied this

i^ A • Session*

i242

Cap. 41.

Caledonian Canal.

8&4V1CT.

4S G. 3. c. 103.

44G. S. C.62.

6 G. 4. c 15.

Commissioners
of the Treasury
empowered to
grant or lease
the Caledonian
Canal for a
Term of Tears.

UponExecntion
of Grant or
Lease the
Powers of Canal
Commissioners
to cease.

CAP. XLI.

An Act to authorize the Commissioners of Her Ma-

jest3r's Treasury to grant a Lease of the Caledonian

Canal for a Term of Years, and to regulate the future

Management thereof. [4th August 184>0.]

TI/'HEREAS an Act was passed in the Forty-third Year
of the Reign of His Majesty King George the Third,
intituled An Act far granting to His Majesty the Sum of
Twenty thousand Pounds^ towards defraying the Expence of
making an Inland Navigation from the Eastern to the Western
Sea, by Inverness and Fort William, and for taking the neces^
sary Steps towards executing the same; and another Act was
passed in the Forty-fourth Year of the Reign of His said
Majesty King George the Third, intituled An Act for making
further Provision for making and maintaining an Inland Navi'
gation commonly adled the Caledonian Canal, from the Eastern
to the Western Sea, by Inverness and Fort William, in Scotland;
and another Act was passed in the Sixth Year of the Reign
of His Majesty King George the Fourth, intituled An Act to
explain and amend Two Acts, passed in the Forty^ird and
Forty-fourth Years of the Reign of His late Mcgesty King
George the Third, far making and maintaining an Inland Navi"
gation commonly called the Caledonian Canid, by establishing
further Checks upon the Expenditure of Public Money for Aat
Purpose, in certain Cases : And whereas it is expedient to
empower the Commissioners of Her Majesty's Treasury of the
United Kingdom of Cheat Britain and Ireland to grant or
lease the said Canal, in manner herein-after prescribed :' Be
t therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That from and after the
passing of this Act it shall be lawful for the said Commissioners
of Her Majesty's Treasury to grant or lease the said Caledonian
Canal, and all the Works and Appurtenances thereof or thereto
belonging, for a Period not exceeding Ninety-nine Years, with-
out any annual Return or Rent therefor, to any Body of
Persons duly incorporated or which shall be incorporated as a
Joint Stock Company by Act of Parliament, under such Pro-
visions, Conditions, Restrictions, and Limitations as the said
Commissioners of Her Majesty's Treasury shsdl think necessary
and proper : Provided always, that any such Grant or Lease
shall, within Twenty-one Days after completing the same, be
laid before both Houses of Parliament, if then sitting, or other-
wise within Fourteen Days after the next Meeting of Parlia-
ment

II. And be it enacted. That upon the Execution of such
Grant or Lease all the Powers and Authorities conferred by
the said recited Acts upon the Commissioners acting under and
by virtue of the same or any of them shall cease and determine ;

and

1840. Poor Law Commisri&iL Cap. 41, 4S. 348

and the said Canal Commissioners shall be and they are hereby
released and exonerated from all Liabilities and Responsibilities
for or under which they were or might in anywise be considered
to be as snch Commissioners.

III. And be it enacted, That if during the Currency of any 1/ Commw-
such Grant or Lease the said Commissioners of Her Majesty's ^«*»f**^
Treasury, shall, in Terms or by virtue of any Powers to be lumTSe Omal
contained therein, resume the Possession of the said Canal, it the Manage-
shall be lawful to the said Commissioners of Her Majesty's 5*"* *?▼«*»

m «»f • 3 r^ % Jill "wrr i i COinilllBSIOneiB

Treasury to transfer the said Canal, and all the Works and of Woodiand
Appurtenances thereof or belonging thereto, at the Time of Forests.
such Resumption, to the Commissioners of Woods, Forests,
Land Revenues, Works, and Buildings for the Time being;
and the said Canal, Works, and Appurtenances aforesaid shall
thereupon become and be vested in the said Commissioners of
Woods, Forests, Land Revenues, Works, and Buildings; and
the said last-mentioned Commissioners shall and may then and
thereafter undertake and exercise the full Management and
Administration of the said Canal, and of the Tolls, Rates, and
Duties leviable thereupon, subject nevertheless to the Powers of .
the said Commissioners of Her Majestj^'s Treasury again to
grant or lease the same, or otherwise to give such Orders and
Directions regarding the Management thereof, as to the said
G)mmissioners of Her Majesty's Treasury shall seem proper :
Provided always, that it shall not be lawful for the said Com-
missioners of Woods, Forests, Land Revenues, Works, and
Buildings to defray any Charge incurred on account of the said
Canal out of the Land Revenue of the Crown, or out of any
Funds arising or derived from the Property of the Crown under
the Administration of the said Commissioners.

IV. And be it enacted, That any Act, Deed, Instrument, Deads, &c. to.
Order, Direction, or Writing which may be necessary in the ^ '^P^ ^7
Execution of this Act may be done, executed, or signified by sionenoTtbe
and under the Hands of the said Commissioners of Her Tressury,
Majesty's Treasury, or any Three of them.

V. And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed during the present Session of ^^^ ***"
Parliament.

CAP. XLIL

An Act to continue the Poor Law Commission until
the Thirty-first Day of December One thousand
eight hundred and forty-one. [4th August 1840.]

* \17HEREAS by an Act passed in the Fifth Year of the

* ^^ Reign of His late Majesty, intituled An Act for the ^^^^-^

* Amendment and better Administration of the Laws rdaiing to the ^* 6. ss. i. la
< Poor in England and Wales, Provisions were made for the

* Appointment of Poor Law Commissioners, Assistant Commis-

* sioners, Secretaries, and other Officers, and for their Con-

* tinuance in Office until the End of the Session of Parliament

* held next after the Fourteenth Day of August in the Year

< One

i.

244

Cap. 42, 43.

Blenheim Palace Repairs.

8 & 4 Vict.

3&S^^ct.c8S.

< One thousand eight hundred and thirty-nine ; and by another
^ Act| passed in the Third Year of the Reign of Her present MaF-

< jesty. Provision was made for their further Continuance in Office
* until the Fourteenth Day of August in the Year One thousand

< eight hundred and forty, and thenceforth until tlie then next

< Session of Parliament; and it is expedient to extend such

< Provisions:' Be it therefore enacted by the Queen's most
Excellent Miyesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

Poor Law Parliament assembled, and by the Aud)ority of the same, That
^mmiMioneri, every Poor Law Commissioner appointed by His late Majesty,

or appointed or to be appointed by Her Majesty the Queen,
Her Heirs and Successors, and every Assistant Commissioner,
Secretary, and other Officer and Person duly appointed by the
Poor Law Commissioners, shall be empowered (unless he shall
previously resign or be removed) to bold his Office, and exercise
the Powers thereof, until the Thirty-first Day oi December in the
Year One thousand eight hundred and forty-one; and until the
Expiration of the said Period it shall be lawfid for Her Majesty,
Her Heirs and Successors, from Time to Time, at Pleasure, to
remove any of the said Commissioners for the Time being, and
upon every or any Vacancy in the Number of Commissioners,
either by Removal or by Death or otherwise, to appoint, by
Warrant under the Royal Sign Manual, some other fit Person
to the said Office; and until such Appointment it shall be lawful
for the surviving or continuing Commissioner or Commissioners
to act as if no such Vacancy had occurred.
Act may be II. And be it enacted. That this Act may be amended or

Molded this repealed by any Act to be passed in this Session of Parliament.

3&4 Ann. e.6.

CAP. XUII.

An Act for repairing Blenheim Palace.

[4th August 1840.]

TI/^HEREAS by an Act passed in the Third and Fourth
^ ^ Year of the Reign of Her late Majesty Queen Anne^
intituled An Act for tiie better enabling Her Majesty to graM
the Honor and Manor o/* Woodstock toith the Hutidred oJfYfoottjon
to the Duke o/* Marlborough and his Heirs, in consideration of
the eminent Services hy him performed to Her Majesty and the
Pvblicj it was amongst other things enacted, that it should
and might be lawful to and for the Queen's most Excellent
Majesty, by any Letters Patent under the Great Seal of
England thereafter to be made, to give and grant unto the
said John Duke of Marlborough^ and his Heirs and Assigns
for ever, or to any other Person or Persons, to the Use of or
in Trust for the said Duke, his Heirs and Assigns for ever,
the Honor or Manor of Woodstock and the Hundred of
Wootton^ and other the Manors or reputed Manors, and the
Piece or Parcel of Ground called Woodstock Park^ and divers
Other Pieces or Parcels of Land or Ground, Messuages or

' Tenements,

1840. Blenheim Palace Bepcdrs. Cap. 48. fi4S

< Tenements) Lands and Hereditaments, Woods, Coppices, and
' Timber in the same Act particularly described or mentioned,

* to hold the same unto the said John Duke of Marlborouffh^ or

* such Person or Persons as he should nominate as aforesaid,

< his and their Heirs and Assigns for ever, to the only Use

* and Behoof of or in Trust for the said Duke, his Heirs and

< Assigns for ever, to be holden of Her Majesty, Her Heirs
f and Assigns, in such Manner and by such honorary Service

< as in the said Act is mentioned: And whereas in pursuance

< of the said Act, by Letters Patent under the Great Seal of

< England^ bearing Date the Fifth Day of May in the Fourth
' Year of the Reian of Her said late Majesty, Her said Mar

< jesty was pleased to grant all the said Honor or Manor of

< Woodstock and the Hundred of tVooUonj and the said Park of

< Woodstock^ with the House then erecting therein, and other

< the Manors, Messuages, Lands, Tenements, and Heredita-

< ments in the said therein and herein-before recited Act of

< the Fifth Year of the Reign of Her said late Majesty Queen

< Anm mentioned and described, to the said John Duke of

< Marlborough^ his Heirs and Assigns for ever : And whereas

< by another Act made and passed in the Fifth Y'ear of the

* Reign of Her said late Majesty, intituled An Act for the 5 Ann. c. 4.

< eetdiny of the Honours and Dignities of John Duke of Marl-

< borough upon hie Posteritgj and annexing the Honor and Manor

< 0^ Woodstock and House ojf Blenheim to go along with the said

< Honours^ it was enacted, that, in default of Heirs Male of the

< Body of the said Duke of Marlborough issuing, the States,

< Degree, Styles, Titles, Dignities, and Honours tberein-before

< mentioned should continue, remain, be vested in, and should

* be held and enjoyed by the Lady Harriet^ eldest Daughter
' of the said Duke of Marlborough^ and Wife of Francis GodoU

< phin Esquire, Son of and Heir Apparent of Sidney Lord

* Godolphinf Lord High Treasurer of England^ and the Heirs
' Male of her Body begotten ; and for Default of such Issue
' should continue, remain, be vested in and held and enjoyed
' by Anne Countess of Sunderland^ Second Daughter of the said
^ Duke of Marlborough^ and Wife of Charles Earl of Sunderland^

* and the Heirs Males of her Body begotten ; and for Default

* of such Issue should continue, remain, be vested in and held

* and enjoyed by Elizabeth Countess of Bridgewater^ Third
^ Daughter of the said Duke of Marlborouglt^ and Wife of
' Scrope Earl of Bridgcwater^ and the Heirs Males of her Body
' begotten; and for Default of such Issue should continue,

* remain, be vested in and held and enjoyed by the Lady Mary^

* youngest Daughter of the said Duke of Marlborough^ and the
' Wife of John Montague Esquire, called Marquis of Monthermer^

* Son and Heir Apparent of Ralph Duke of Montague^ and the
^ Heirs Males of her Body begotten; and for Default of such

* Issue then to continue, remain, be vested in and held and
' enjoyed by all and every other the Daughter and Daughters

* of the said Duke of Marlborough to be begotten, severally and

* successively) one after the otlier, as tliey shall be in Priority

« of

246

Cap. 43.

Blenheim Palace Repairs.

3&4V1CT.

of Birth) and the Heirs Males of their respective Bodies
issuing, the elder of such Daughters and the Heirs Males of
her Body to be preferred £:nd take before the younger of
such Daughters and the Heirs Males of her Body ; and for
Default of such Issue then to continue, remain, be vested
in and held and enjoyed by the First Daughter of the
Body of the said Lady Harriet Godolpkin begotten, and the
Heirs Males of the Body of such First Daughter begotten ;
and for Default of such Issue then to continue, remain, be
vested in and held and enjoyed by all and every other the
Daughter and Daughters of the Body of the said Lady
Harriet Godolphin, severally and successively, one after the
other, as they should be in Priority of Birth, and the Heirs
Males of the respective Bodies issuing, the elder of such
Daughters and the Heirs Males of her Body to be preferred
and take before the younger of such Daughters and the Heirs
Males of her Body ; and for Default of such Issue then to
continue, remain, be vested in and held and enjoyed by the
First Daughter pf the Body of the said Arme Countess of
Sunderland begotten, and the Heirs Males of the Body of such
First Daughter begotten ; and for Want of such Issue then to
continue, remain, be vested in and held and enjoyed by all and
every other the Daughter and Daughters of the Body of the
said jinne Countess of Sunderland begotten, severally and
successively, one after the other, as they should be in Priority
of Birth, and the Heirs Males of their respective Bodies
issuing, the elder of such Daughters and the Heirs Males of
her Body to be preferred and take before the younger of such
Daughters and the Heirs Males of her Body ; and for De-
fault of such Issue then to continue, remain, be vested in and
held and enjoyed by the First Daughter of the Body of the
said Elizabeth Countess of Bridgewater begotten, and the Heirs
Males of the Body of such First Daughter begotten ; and for
Want of such Issue then to continue, remain, be vested in and
held and enjoyed by all and every other the Daughter and
Daughters of the Body of the said Elizabeth Countess of
Bridgewater begotten severally and successively, one after the
other, as they should be in Priority of Birth, and the Heirs
Males of their respective Bodies issuing, the elder of such
Daughters and the Heirs Males of her Body to be preferred
and take before the younger of such Daughters and the Heirs
Males of her Body ; and for Default of such Issue then to
continue, remain, be vested in and held and enjoyed by the
First Daughter of the Body of the said Lady Mary Montague
begotten, and the Heirs Males of the Body of such First
Daughter begotten ; and for Want of such Issue then to
continue, remain, be vested in and held and enjoyed by all
and every other the Daughter and Daughters of the Body
of the said Lady Mary Montague begotten, severally and
successively, one after the other, as they should be in Priority
of Birth, and the Heirs Male of their respective Bodies issuing,
the elder of such Daughters and the Heirs Male of her Body

« to

1840.

Blenheim Palace Repairs.

Cap. 43.

247

to be preferred and take before the younger of such Dauehtera
and the Heirs Male of her Body ; and for Default ot such
Issue then to continue, remain, be vested in and held and
enjoyed by all and every Daughter and Daughters of every
other Daughter of the said Duke of Marlborough to be begot-
ten, severally and successively as they should be in Priority of
Birth, and the Heirs Male of the respective Bodies issuing,
the eldest Daughter of every such Daughter and the Heirs
Male of her Body to be preferred and take before the younger
of such Daughters and the Heirs Male of her Body, the
Daughter and Daughters of the elder of such thereafter to be
bom Daughters, and the Heirs Male of her and their respec-
tive Bodies issuing, to be preferred and take in manner afore-
said before the Daughter and Daughters of the younger of
such other bom Daughters ; and for Default of such Issue to
all and every other the Issue Male and Female lineally
descending of or from the said Duke of Marlboroughj in such
Manner and for such Estate as the same were therein-before
limited to the before-mentioned Issue of the said Duke, it
beinff intended and thereby enacted that the said Honours
should continue^ remain, and be vested in all the issue of the
said Duke so long as any such Issue Male or Female should
continue, and be held and enjoyed by them severally and
successively in Manner and Form aforesaid, the elder and the
Descendants of every elder Issue to be preferred before the
younger of such Issue ; and to the Intent that the said Honor,
Manor, and Park of Woodstock in the County of Oxford, and
the House then erecting there called Blenheim^ and the Hun-
dred of Wootton in tlie said County, and all other the Manors,
Messuages, Lands, Tenements, and Hereditaments which, in
and by tiie said Letters Patent under the Great Seal of £71^-
land bearing Date tlie Fifth Day of May in the Fourth Year
of Her then Majesty's Reign, were by Her Majesty, pursuant
to the said Act of Parliament, granted to the said Duke of
Marlborotyh and his Heirs, and the Advowsons thereby
granted, might always go along and be enjoyed with the
Titles, Honours, and Dignities aforesaid, as therein-after is
mentioned, it was thereby further enacted, that the said Duke
of Marlborough should stand and be seised of all the said
Honor and Manor and Park of Woodstock, Manors, House,
and Premises, granted by the said last-mentioned Letters
Patent, for and during the Term of his natural Life, without
Impeachment of Waste, and from and after his Decease that
the same should be and remain unto and be held and enjoyed
by Sarah Duchess of Marlborough, Wife of the said Duke, for
and during the Term of her natural Life, and from and after
her Decease the same should be and remain unto and be held
and enjoyed by the Heirs Male of the Body of the said Duke
of Marlborough begotten, and for Default of such Issue then
the same should be and remain unto and be held and enjoyed
by all and every the. Daughters of the said Duke of Marl-^
borough, and the Heirs Male of their respective Bodies issuing,

^ and

946

Cap. 43.

BlenMm Palace Repairs*

3&4V1OT.

and all others, severally and successively, in such Manner as
the said Titles, Honours, and Dignities aforesaid where therein-
before expressed and limited to go and be enjoyed; and it
was thereby further provided and enacted, that neither the said
Duke of Marlborough or the Heirs Male of his Body, nor any
of his Daughters or the Heirs Males of their Bodies, or any
other Persons to whom the Manors should come or descend
by virtue of the Limitations aforesaid, should have any Power,
by Fine or Recovery, or any other Act, Assi^rance, or Con-
veyance in the Law, to hinder, bar, or disinherit any the
Person or Persons to or upon whom the said Manor, House,
Lands, Tenements, Hereditaments, or Premises were thereby
vested or limited, from holding or enjoying the same accord-
ing to the Limitations before in the said Act mentioned, other
than and except such Leases as the said Duke and Duchess
might make by virtue of the Powers therein-before mentioned,
and such other Leases as Tenants in Tail might and were
enabled to make by virtue of the Statute made in the Thirty-
second Year of the Reign of King Henry the Eighth, and
Grants of Lands or Tenements held by Copy of Court Roll
according to the Customs of the respective Manors aforesaid,
but all such Fines, Recoveries, Acts, Assurances, and Con-
veyances, other than such Leases and Grants by Copy as
aforesaid, should be and were thereby declared and enacted to
be void: And whereas the said John Duke of Marlborough
and Sarah his Wife^ and Lady Harriet Godolphin afterwards
Duchess of Marlborough^ departed this Life without Issue
Male : And whereas the said Anne Countess of Sunderland had
Issue Robert Earl of Sunderland^ who died without Issue, and
Charlesy afterwards Duke of Marlborough^ her Second Son :
And whereas the said Charles Duke of Marlborough died in
the Year One thousand seven hundred and fifty-eight, leav-
ing George late Duke of Marlborough his only Son, who left
Issue George the late Duke of Marlborough : And whereas the
said last-mentioned George Duke of Marlborough departed this
Life on or about the Fifth Day of March One thousand eight
hundred and forty, leaving George the now Duke of ilforZ-
borough him surviving, who, as such Duke of MarWorou^h, and
as One of the Issue and Descendants of the said John Duke 6t
Marhoraughj is, under the Limitations in the said recited Act
of the Fifth Year of the Reign of Her said late Majesty
Queen Anne^ become Tenant in Tail Male, or to him and the
Heirs Male of his Body, or for such Estate as under the Limi-
tations aforesaid he is entitled to in Possession of and in the
said Honor, Manor, and Park of Woodstock (now more usually
known and called by the Name of Blenheim Park), and other
the Manors or reputed Manors, House, Messuages, Lands,
Tenements, Hereditaments, and Premises so settled in and
by the said recited Act of the Fifth Year of the Reign of Her
said late Majesty Queen Anne, as herein-before is mentioned:
And whereas the said House formerly called Blenheim (now
more usually known and called by the Name of Blenheim

« Palace),

1840. Blenheim Palaa lUpairi. Cap. 48. 940

Palaee)i and the Buildings and Premises connected therewith,
are in great Want of Repair, and require to be reinstated,
and it is desirable that the same should be respectively
repaired and reinstated forthwith : And whereas the Expences
ot repairing and reinstating the said House or Palace and
Buildings, and the Premises connected therewith, in a proper
Manner, have been estimated at the Sum of Twenty-five
thousand Pounds, and the said George now Duke of MarU
borough being wholly unable to furnish out of his private
Means any Sum or Sums sufficient for such Repairs and
Reinstatement, it is reasonable, under the Circumstances, that
the same should be raised in the Manner herein*after men-
tioned: And whereas there is standing and growing in or
upon Part of the aforesaid Park called or known by the Name
of the Little Park a Quantity of Timber which has attained
its full Growth, and is fit and proper to be felled, and which
might be felled without Injury to the Ornament or Shelter of
the said Park and Grounds ! And whereas it has been esti-
mated that the Sum of Ten thousand Pounds might be raised
by the Sale of a Part of such Timber : And whereas it has
been doubted whether the said George the now Duke of MarU
borough^ or any other Duke of Marlborough for the Time
being, has, as such Tenant in Tail Male, or to him and the
Heirs Male of his Body, or of such other Estate as imder or
by virtue of the said recited Act of the Fifth Year of the
Reign of Her said late Majesty Queen Anne he is entitled to
as aforesaid, has of his own Authority Power to cut such
Timber as aforesaid for the Purpose of Sale : And whereas
the said George the now Duke of Martborovgh is desirous that
such Doubt should be removed, and that such Power as is
herein-after mentioned should be given to him the said George
the now Duke of Marlborough^ or other the Duke of Marl-
borough for the Time being, of raising any Sum not exceeding
in the Whole Ten thousand Pounds, the said Sum (if anv) so
to be raised to be applied, at the Times and in Manner here-
in-after mentioned, in or towards the Payment off of the Sura
of Twenty-five thousand Pounds to be raised by Mortgage
under the Powers of this Act in the Manner also herein-after
mentioned :' May it therefore please Your Majesty that it may
be enacted; and be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Conunons, in this present Parlia-
ment assembled, and by the Authority of the same, That it Duke of
shall be lawful for the said George the now Duke of Marl- ^^^^J^J|,
horoughf either from Time to Time, or at any One Time, to borrow 25,oooi.
borrow and take up at Interest, in the Manner herein-after on Mortgsge of
mentioned any Sum or Sums of Money not exceeding in the 2^**?*^^
Whole Twenty-five thousand Pounds, and as a Security for the ncept Bien-'
Money so to be borrowed, by Indenture or Indentures, to be heim Palace/
duly sealed and delivered, to demise all or any of the said ^^^^^
Honor, Manor, and Park of Woodstock otherwise Blenheim Parky
ttd other the Honors, Manors, Messuages, Lands, Tenements,

Heredita-

2M

Cap. 48.

Blenheim Palace Sepairt.

8&4VICT.

Mortgage to
contain Cove-
nant for Pay-
ment of Prin-
cipal, &c.

Principal, &c.
in arrear how
to be recovered.

Hereditaments, and Premises so settled by the said recited Act
of the Fifth Year of the Reign of Her said late Majesty Queen
Anne as aforesaid, or any or either of the same Hereditaments
and Premises, except the said House called Blenheim Palace,
and the Buildings connected therewith, to any Person or Per-
sons, or Body or Bodies Politic or Corporate, who shall be
willing to lend or advance the same, or to such Person or Per-
sons as the Party lending or advancing the same mav nominate
or appoint, for any Term or Terms of Years, any thing in the
said recited Act of the Fifth Year of the Reign of Her late
Majesty Queen Anne, or in any other Act or Acts, or any Rule
of Law whatsoever, to the contrary thereof in anywise notwith-
standing; but every such Term so to be created or granted as
idforesaid to be subject to a Proviso in such Mortgage or respec-
tive Mortgages to be contained for the Cesser Uiereof respec-
tively on full Payment to tlie Person or Persons, Body or
Bodies Politic or Corporate, who shall advance the same or any
Part or Parts thereof, his, her, or their Executors, Administra-
tors, Successors, or Assigns, of the Principal Sum or Sums so
to be borrowed, and such Interest as shall become due for the
same ; and all and every the Sum or Sums of Money so to be
advanced or lent as aforesaid shall be paid to the Person or
Persons, Body or Bodies Politic or Corporate, advancing or
lending the same, at the Times and in the Manner herein-after
mentioned ; that is to say, the Interest thereof, or of so much
thereof as from Time to Time shall remain unpaid, at such
Rate as shall be agreed upon, to be paid by equal half-yearly
Payments on the Days to be therein respectively appointed
and One Twenty-fifth Part of the Principal Money at the End
of the Third Year from the Day of advancing or lending such
Sum or Sums of Money respectively, and a like Part of the
Principal Money at the End of each Year of the succeeding
Years, until the whole of the Sum or respective Sums so to be
advanced and lent as aforesaid shall be discharged ; which Mort-
gage or Mortgages, when so made and enrolled as herein-after
mentioned, shall bind every succeeding Duke of Marlborough^
until the Principal Money, interest, and Costs secured by such
Mortgage or Mortgages respectively shall be paid off and dis-
charged, as fully and effectually as if such Duke oi Marlborough
had made and executed the same.

II. And be it further enacted. That every such Mortgage
shall contain a Covenant from the said George the now Duke of
Marlborough, for himself, his Heirs, Executors, and Administra-
tors, to pay and keep down so much of the said Principal Money
and Interest as shall become payable upon such Mortgage or
Mortgages during the 1 erm of his natural Life.

III. Provided always, and be it further enacted, That when-
ever the Principal Money or Interest to be secured by any such
Mortgage or Mortgages, or any Part thereof respectively, shall
be in arrear and unpaid for more than Forty Days after the
same respectively shall become due, it shall be lawful for the
Mortgagee or Mortgagees, his or their £xecutorS| Administrators,

Successors!

1840. ^ Blenheim Palace lUpairs. Cap. 43. 251

SaccessorS) or Assigns, to recover the same respectively, or so
much respectively as shall be then due, and the Costs and
Charges attending the Recovery thereof, by Distress and Sale,
in such Manner as Landlords may recover Rents reserved upon
Leases for Years.

IV. Provided always, and be it farther enacted. That from After the De-
aod after the Decease of every successive Duke of Marlborough ^^^*^ °\*^d\
no Person or Persons, Body or Bodies Politic or Corporate, of Marlborough
shall, under or by virtue of any such Mortgage or Mortgages as only One Year's
aforesaid, or of any thing in this Act contained, be entitled to f'^^^f.^ y^
recover, as against the said Honor, Manors or reputed Manors, recovered.
Hundred, Park, Messuage or Tenement, Lands, Hereditaments,

and Premises, or any of them, or any Part or Parts thereof
respectively, any more than One Year's Arrear of Interest
which may have accrued before such Decease upon any Prin-
cipal Sum to be secured by and for tlie Time being due and
owing upon such Mortgage or Mortgages, or more than One
Instalment of Principal Money which shali have fallen due before
such Decease.

V. Provided always, and be it further enacted. That every Mortgage to
such Mortgage as aforesaid shall contain a Proviso on the ^^*fo" quier
Part of the Mortgagee or respective Mortgagees for the quiet Possessiu«i by
Possession and Enjoyment by the said George the now Duke of the Dukes of
Marlborough^ and every successive Duke of Marlborough^ of the " '^"^ '
Hereditaments comprised in such Mortgage, and of the Rents,

Issues, and Profits thereof, until Default shall be made by him
or them respectively in Payment of the Interest and Principal
Monies secured by such Mortgage, or some Part thereof, at the
Time and in manner in such Mortgage mentioned for Payment
thereof respectively.

VL Provided nevertheless, and be it further enacted. That, Power of Ims-
Dotwithstanding any such Mortgage or Mortgages as aforesaid, ^^^^ by ^
it shall be lawful for the said George the now Duke of Marl- Mortgage.
lorovghy and every other Duke of Marlborough for the Time
being, from Time to Time to make such Contracts and Agree-
ments for granting Leases and such Leases, either under any
existing Power or under any Power to be hereafter created, or
otherwise howsoever, as he or they might have made in case
this Act and the said Mortgage or Mortgages had not been
passed or made, and such Mortgage or Mortgages shall also be
subject to the Effect of all such Contracts and Agreements for
Leases and of all such Leases as have been already lawfully
made ; and the Rent or Rents to be reserved upon every such
Contract,' Agreement, or Lease, as shall or may be made or
granted after any such Mortgage or Mortgages as aforesaid
shall have been executed, shall enure to the same Person, and
shall be recoverable as if such Contract, Agreement, or Lease
had been made and entered into previously to the Execution of
such Mortgage or Mortgages.

VII. And be it further enacted. That the said George the One Twenty-
now Duke of Marlborougli^ and every succeeding Duke of Marl- fifth PwjJ of *he
^^arough for the Time being, shall be and he and they is and are -^^^^ ^^

[No, 17. Price 2rf.] R hereby paid every Year

252

after the Third
Year, &c.

Cap.43.

Blenheim Palace Repcirt.

3&4Vicr.

Providing for
Payment of
Portion of
Interest due on
Decease of
every successiTe
Duke of
Marlborough.

No Preference
among Mort-
gagors.

Indentures to
be enrolled in
Chancery,

hereby required to pay and discharge yearly at the End of the
Third Year from the making of such Mortgage or Mortgages re-
spectively, and at the End of each Year of the succeeding Years,
One Twenty-fifth Part of the Principal Money thereby to be
respectively secured, until the whole of such Money shall be
discharged, and also from Time to Time to pay the Interest
which shall become due on such Principal Money, or on such
Part thereof as for the Time being shall remain unpaid ; and
in case the Duke of Marlborough for the Time being shall be
an Infant then such Principal Money and the Interest thereof
respectively herein-before required or directed to be paid and
discharged in manner aforesaid may be recoverable by such
Mortgagee or Mortgagees as aforesaid, and his and their Heirs^
Executors, Successors^ or Assigns, as the Case may be, as if
such infant Duke of Marlborough had been capable of entering
into and had actually entered into a Covenant or Covenants
with such Mortgagee or Mortgagees, binding himself, his Heirs,
Executors, and Administrators for the Payment thereof re*
spectively.

VIIL Provided always, and be it further enacted, That upon
the Decease of every successive Duke of Marlborough which
shall happen before such Mortgage or Mortgages shall be dis-
charged, the Heirs, Executors, or Administrators of the Duke
of MarVnirough who shall have then last departed this Life shall
pay so much of the half-yearly Payment of Interest upon the
Principal Money secured by any such Mortgage or Mortgages,
accruing and not actually accrued due at the Time of his
Decease, as shall be in proportion to the Time which such
Duke of MarWorough shall have lived of the then current Half
Year, and shall also, in case such Decease shall happen after the
Expiration of the Second Year from the Date of such Mortgage
or Mortgages respectively, pay so much of the annual Instal*
ment which sliall become due next after such Decease of every
Principal Sum so to be secured as aforesaid as shall be in pro-
portion to the Time which such Duke of Marlborough shall have
lived of the then current Year.

IX. And be it further enacted. That if the said Sum of
Twenty-five thousand Pounds herein-before authorized to be
charged shall be raised by more than One such Mortgage
as aforesaid, and the Whole or any Part of the said Manors.
Hereditaments, and Premises shall be comprised in Two or
more such Mortgages as aforesaid, all Persons, Bodies Politic
or Corporate, to whom such respective Mortgages shall be
made, and those claiming by, from, through, or under such
respective Mortgages, shall be equally entitled, one with the
other, to the Premises comprised in such Mortgages, according
to the respective Sums advanced, without any Preference by
reason of the Priority of Date of any such Mortgage^ or on any
other Account whatsoever.

X. And be it further enacted, That no Indenture or Inden-
tures, whereby any of the said Hereditaments and Premises are
charged, or attempted or sought to be charged, under or by

virtue

1840. Blenheim Palace Repairs. Cap. 43. 253

virtue of the Powers and Authorities of this Act, shall be of
any Force or Virtue unless and until the same shall be respec-
tively enrolled in Her Majesty's High Court of Chancery.

XI. And be it further enacted, That it shall and may be Dukes of Marl-
lawful to and for the said George the now Duke of Martborough^ borough em-
and any other Duke of Marlborough for the Time being, if of i^m^r to the
full Age, and his Agents and Workmen, from Time to Time^ Amount of
at any Time or Times after the passinff of this Act, to mark, io,oo(M. under

11 ..j^^ ^,*,Sn 11 / certain Restrio-

allot, and set out, or cause to be marked, allotted, and set out, tions.
any of the said Timber and Timberlike Trees which shall be
standing and growing in or upon the said Part of the said Park
of Woodstodt otherwise Blenheim Park called the Little Parky and
at their full Growth and Height of Improvement, or in a State
of Decay or proper to be cut down for the Improvement of
other Timber, and which, in the Judgment of the Right
Honourable Cropley Ashley Earl of Shaftesbvryy the Right
Honourable Sir James Graham of Netherby in the County of
Cumberland^ Baronet, and William fVhateley of the Inner Temple,
Esquire, Barrister at Law, or of tlieir Surveyor duly appointed
by them for the Purpose, and the said George now Duke of
Marlborough or any other Duke of Marlborough for the Time
being, may be cut down and felled without Injury to the
Appearance of the said Part of the said Park of Woodstock
otherwise Blenheim Park called the Little Park, and by felling
and cutting down or causing to be felled and cut down such
Timber and Timberlike Trees so to be marked, allotted, and
set out, or a competent Part thereof, and by felling and dis-
posing of, or causing to be sold and disposed of, the Timber
and Timberlike Trees so to be felled and cut down, to levy and
raise any Sum or Sums of Money not exceeding in the whole
the Sum of Ten thousand Pounds, any thing in me said recited
Act of the Fifth Year of the Reign of Her said late Majesty
Queen Anne, or any Act or Acts, or Rule or Law whatsoever,
to the contrary thereof in anywise notwithstanding, but so
nevertheless that no such marking, allotting, setting out, cutting
down, and felling, or Sale, as aforesaid, shall be made without
the Concurrence and Approbation of the said Earl of Shaftesbury,
Sir James GraJiam, and WiUiam fVhateley, such Concurrence
and Approbation to be signified by them in such Manner as to
them shall seem most convenient and proper, and so that no
greater or larger Quantity of Timber shall be cut, felled, and
sold as aforesaid in any One Year than shall produce or be
sufficient to produce by the Sale thereof the Sum of One thou-
sand Pounds ; and all and singular the Sum and Sums of
Money to be produced by such Sale or Sales of Timber (if any)
as aforesaid shall he paid and applied in or towards the Pay-
ment of any principal Debt or Sum for the Time being due
and owing upon any such Mortgage or Mortgages as afore;-
said.
XII. And be it further enacted. That all and every Sum and How Money

Sums of Money to be raised by such Mortgage or Mortgages ™**®** ^y ^^°'*"
^ aforesaid shaU be paid into the Hands of the said 1^1 of ^^ed. ^

R 2 Shaftesbury,

254 Ckp.43. Blenhdm Pakux Bepairu 3 8c 4 Vict.

Shafinburyy Sir James Graham^ and WUliam Whattkyj and shall
be paid and applied by them in manner and for the Purposes
herein-after mentioned; and it shall and may be lawful to
and for the said George the now Duke of MarOwraMghj or in case
of his Death before the R^iairs and Reinstatements hereby
respectively authorized to be made and executed shall have
been completed, then to and for the said Earl of Shaftesbury^
Sir James Grahamj and JVUliam Whatdey^ after the Decease of
the said George now Duke of Marlborough^ from Time to Time
to enter into any Contract or Contracts with proper Persons for
such Repairs and Reinstatements, or any of theoi, and also to
rescind or vary any such Contract or Contracts, or otherwise to
order and direct such Repairs and Reinstatements, or any of
them, to be made, done, and executed, but so nevertheless that
no such Contract or Contracts which shall or may hereafter be
entered into by the said George now Duke of Marlborough shall
be so entered into or rescinded, or altered or varied, without
the Concurrence and Approbation of the said Earl oi Shaftes-
bury^ Sir James Grahamj and WUHarn JVkateleg, to be signified
by Writing under their Hands, and so that such Repairs and
Reinstatements as have been or shall or may be hereafter
otherwise ordered or directed by the said Duke, under the
Powers or Authorities of this Act, shall be such as shall be
approved of by the said Earl of SfujfieAury^ Sir James Graham^
and William Whatekg^ such Approbation to be signified by some
Writing under their Hands; and the said Earl of Shaftedmry^
Sir James Graham^ and William Whateley shall and may pay and
apply the Monies coming to their Hands under or by virtue y)f
this Act according to the Terms of such Contract or Contracts
as aforesaid (if any), or of any Contract or Contracts (if any)
already made by the said Duke of Marlborough (if they the said
Earl of Swfiesbunfy Sir James Graham^ and WilKam ffhateley
shall approve of the Terms of such Contract or Contracts, such
Approbation to be signified as aforesaid) ; or otherwise the said
Earl of Shafiesbury^ Sir James Graham^ and William fVhateley
shall and may, at their Discretion, pay and apply such Monies
in or towards the Costs, Charges, and Expences of any such
Repairs and Reinstatements as have been already or shall or
may hereafter be ordered or directed by the said George the now
Duke of Marlborough, and approved of by them the said Earl
of Shafiedrtiryy Sir James Graham^ and IFilliam Whateley as
aforesaid, or in any way consequent thereon or connected there-
withy or incident or in anywise relating thereto, and in such
Manner as they shall in their entire Discretion think fitting and
proper; and the Care and Execution of any such Contract or
Contracts as aforesaid, or of such Repairs as may be otherwise
ordered, directed, and approved of as aforesaid, shall be under
the Superintendence of the said Earl of Shaftesbury, Sir James
Grahtm, and JfUliam Whateley, or of their Surveyor, to be
appointed by them for tlie Purpose ; and if any Bcilance shall
remain in the Hands of the said Earl of Shaftesbury, Sir James
Graham, and William Whatdey, after such Payments as afore-
said,

1840. Blenheim Pahce Repairs. Cap. 43. 255

said, the same shall be paid in discharge of the Principal Debt
or Sum secured by any such Mortgage or Mortgages, so far as
such Balance shall extend to pay, and so as to produce propor*
tionably the annual Instalment of such Debt or Sum, or any
such Debts or Sums, or such of the said Instalments as shall not
have fallen due; and the Receipt or Receipts in Writing of the
said Earl of Shajfiesburi/j fUr James Graham^ snd William Wkateley,
for any Money payable to them or him, under or by virtue of
this Act, shall be a good and sufficient Discharge or good and
sufficient Discharges for the same, and that the Pei*son or
Persons to whom such Receipt or Receipts shall be respectively
given shall not be answerable or accountable for the Loss,
Misapplication, or Nonapplication, or be in anywise bound or
concerned to see to the Application of the Money in such
Receipt or Receipts respectively acknowledged to be received.

XIII. Provided always, and be it further enacted. That if In ease of
at any Time or Times before all the Puipqses of this Act shall ^^""^f^^
have been carried into execution the said Earl of Shajtednayy to carry this
Sir James Graham^ and William Whateley, or any or eitlier of ^ct into ezeeu-
them, or any other Person or Persons who may be appointed chanSy'may'
under this present Power, shall die, or decline or become in- i^point other '
capable to act, or desire to be discharged from acting in the Persons in their
Execution of the Purposes of this Act, then and so often as ^^**^
the same shall happen it shall be lawful for Her Majesty's High
Court of Chancery, in a summary Way, upon the Petition of
the said George the now Duke of Marlborough^ or of any other
Duke of Marlborough for the Time being, or if he shall be
under Age, then of his Guardian or Guardians for the Time
being, to nominate or appoint any other Person or Persons in
the Stead or Place of them the said Earl of Shafiesbury^ Sir
James Graham^ and WiUiam Whatelet/y or of such One or
more of them, or of such other Persons, or of such One or more
of such other Persons, who shall so die, or decline or become
incapable to act, or desire to be discharged ; and such Person
or Persons so to be nominated shall and may act or concur in
acting in the Execution of the Purposes and Powers of this Act,
with such and the same Powers, and in such and the same
Manner, and shall have such and the like Discretion in all
Things, as if he or they had originally and by this Act been
nominated and appointed for the Purposes aforesaid; and it
shall also be lawful for the said Court of Chancery to make
such Orders or Directions as may be thought necessary or
proper, for the Purpose of vesting or effecting the Investment
of the Funds and Monies, if any, for the Time being remain-
ing unexpended for the Purposes of this Act, in the Person or
Persons so to be appointed as aforesaid, jointly with the Sur-
vivors or Survivor, others or other of them, the said Earl of
ShafteAury^ Sir James Graham^ and William WhateUtfi or such
other Person or Persons as aforesaid, and such other Orders
and Directions as the Circumstances of the Case may require ;
and that the said Earl of Shaftesbury^ Sir James Graham^ and
yfiBmn Whateley^ and the Person or Persons to be appointed

R 3 as

268 C!ap. 43, 44 Prisons (Ireland). 3 & 4 Vicrr,

as aforesaid, and each and every of them, and the Heirs, Exe-
cutors, Administrators, and Assigns of them, each and eveiy
of them, shall be charged and chargeable respectively for sucn
Monies only as they respectively shall actually receive by
virtue of this Act, and of the Trusts hereby in them reposed,
notwithstanding their or any of their giving or signing, or
joining in giving or signing, any Receipt or Receipts for the
Sake of Conformity, and any One or more of them shall not
be answerable or accountable for the other or others of them
or for involuntary Losses ; and also that it shall be lawful for
them, with and out of the Monies which shall come to their
respective Hands under or by virtue of this Act, to retain to
and reimburse themselves respectively, and also to allow to the
other or others of them respectively, all Costs, Charges, Da-
mages, and Expences which they or any of them shall or may
suffer, sustain, expend, disburse, be at, or be put unto in or about
the Execution of the aforesaid Trust or in relation thereunto.
In oaae of XIV, Provided always, and be it further enacted. That in

Death of One ease of the Death of any one of them the said Earl of ShafUs-
Mw^nl^T jM»y, Sir James Graham, and William Whaidey, before the
SomTors to Purposes of this^ Act, as far as respects them, shall have been
oootinue to act completed and fulfilled, it shall and may be lawful to and for
Monthaf ^® Survivors of them to continue to act in and for the same

Purposes during the Space of Four Calendar Months from the

Date of such Death, as fully to all Intents and Purposes as if

the one of them so dying had been still living and continuing

' to act jointly with the others of them in and for the same

Purposes.

Act may be XV. And be it further enacted. That this Act may be

^mdedthis amended or repealed by any Act to be passed in this present

Session of Parliament

CAP. XLIV.

An Act to amend an Act of the Seventh Year of King
George the Fourth, for consolidating and amending
the Laws relating to Prisons in Ireland.

[4th August 1840.]

^ Vl/' HERE AS an Act was passed in the last Session of Par-
2 & 3 Vict. C.56. < ▼ ^ liament, uitituled An Act for the better ordering of Prisons^

< whereby, among other things. Provision was made for the

* individual Separation of Prisoners confined in Prisons through-
^ out England ; and it is expedient to make Provision for the
^ like Purpose in Ireland, and in that respect to amend an Act

< passed in the Seventh Year of the Reign of His Majesty King
7 G. 4, c. 74. « George the Fourth, intituled An Act for consolidating and

* amending the Laws relating to Prisons in Ireland :' Be it there-
fore enacted by the Queen's most Excellent Majesty^ by and
with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

Lieutenant and *"°^ '^y ^^^ Authority of the same. That notwithstanding any
Council to thing contained in the said recited Act of the Seventh Year of

His

1640. Prisons {Ireland). Cap. 44 257

His Majesty King George the Fourtht empowering the Court of ™^e Rules for
Queen's Bench in Jrekmd^ or any other Perdon or Persons, to ^^j^^^^l^^
make Rules and Regulations for the Government of Prisons in
Ireland, and notwithstanding any thing contained in the said
last^recited Act providing that no Bye Laws, Rules, or Regula-
tions shall be made in respect of any Gaol or Prison inconsis*
tent with the Provisions of the said last^-recited Act, it shall and
may be lawful to and for the Board of Superintendence of any
Prisons in Ireland^ with the Approval of the Lord Lieutenant or
other Chief Governor or Governors of Ireland^ by and with the
Advice and Consent of Her Majesty's Privy Council in Ireland^
from Time to Time to make such Rules, Orders, and Regula*
dons for the Government of all or any Prisons or Prison in
Ireland as shall appear to the said Lord Lieutenant or other
Chief Grovernor or Governors and Council requisite for the
Classification of Prisoners of each Sex in any such Prisons or
Prison, or for the individual Separation of all or any of the
Prisoners confined therein, with due Regard to their proper
Supervision, Religious and Moral Instruction, and Employment^
and from Time to Time to alter or add to such Rules.

IL And be it enacted^ That all such Rules and Regulations Rules made
made under Authority of this Act, so far as the same shall "°<Jer this Act
annul or be contrary to the Rules and Provisions enacted in the fomi^ Rules,
said recited Act^ or made or to be iflade under the Authority of
the same or any of them, shall be deemed and taken to super-
sede and make void any such Rules or Provisions as last
aforesaid.

IIL And be it enacted, That in order to prevent the Con- Friioiwn may
tamination arising from the Association of Prisoners in any ^fj?f?**^^
Prison in which Rules for the individual Separation of Prisoners
shall be in force, any Prisoner may be separately confined
during the Whole or any Part of the Period of his or her Im-
prisonment, under the Restrictions herein-after provided.

IV. And be it declared and enacted, That separate Confine- Separate Con-
ment under the Provisions of this Act shall not be deemed finement not to
solitary Confinement within the Meaning of any Act forbidding ^r^^^^i^"
the Continuance of solitary Confinement for more than a limited ment.
Time: Provided always, that no Cell shall be used for the Regulations
separate Confinement of any Prisoner which is not of such a respecting soH-
Size, and lighted, warmed, ventilated, and fitted up in such ^t^^"^*^
Manner, as may be required by a due Regard to Health, and
furnished with the Means of enabling the Prisoner to communi-
cate at any Time with an Officer of the Prison ; and that no
Cell shall be used for such separate Confinement until its Fitness
in these several Particulars shall have been certified by One of
the Inspectors General of Prisons to the said Lord Lieutenant
or other Chief Governor or Grovemors; and that every Prisoner
so separately confined shall have the Means of taking Air and
Exercise at such Times as shall be deemed necessary by the
Surgeon, and shall be furnished with the Means of Moral and
Religious Instruction, and with suitable Books, and also with
labour or Employment, unless it shall be deemed advisable by

R 4 the

256

Cap. 44.

Prisons {Ireland).

3&4Vicr.

Proviso.

Proyiso*

Like ProTision
for the Super-
annuation of
Keepers, 6cc. of
Prisons in
Dublin as has
been made in
other Counties
in Ireland.

the said Lord Lieutenant or other Chief Governor or Governors
and Council to make a Regulation for withholding for a Period
or Periods, not exceeding One Calendar Month at any One
Time, such Labour or £mplo}rment : Provided also, that if it
shall at any Time be made to appear to the said Lord Lieute-
nant or other Chief Governor or Governors and Council, that
the Conditions upon which such Rules for the separate Confine-
ment of Prisoners were allowed have not been fulfilled, or that
upon further Inquiry it shall appear that the Provisions required
are insufficient, it shall be lawful for the said Lord Lieutenant
or other Chief Governor or Governors and Council to annul the
Rules so made and allowed as aforesaid, and thenceforward the
Rules so annulled shall cease to be of Force in that Prison, and
thereafter it shall not be lawful to continue any Prisoner in separate
Confinement in that Prison until new Provisions shall have been
made and allowed as aforesaid for the separate Confinement of
Prisoners therein : Provided also, that in case the Prison shall
be inadequate for the individual Separation of all the Prisoners
who may be confined therein at One Time, the Rules of the
Prison shall specify the Class or Description of Prisoners who
shall be confined in the separate Cells, having regard either to
the Nature of the Crime with which the Prisoner may be
charged, or of which he or she may have been convicted, or to
the Sex or Age of the Prisoner, or to the Term of Imprison-
ment, or to such other Circumstances as the Board of Super-
intendence shall think fit, and as the said Lord Lieutenant or
other Chief Governor or Governors and Council shall approve,
V, * And whereat it is expedient to make the like Provision

* for the Superannuation of the Keepers, Turnkeys, and Ma-
^ trons of Prisons within the County of Dublin and County of
< the City of Dublin as has been made for the same Purpose in

* other Counties throughout Ireland;* be it therefore enacted,
That it shall and may be lawful for the several Grand Juries at
the Presenting Terms in the County of Dublin and County of
the City of Dublin, upon the Recommendation of the Inspectors
General of Prisons, or One of them, supported by the Certifi-
cate of the Board of Superintendence of any Gaol, Bridewell,
House of Correction, or other Prison, in or for either of such
Counties respectively, or by such other Certificates as the said
Lord Lieutenant or other Chief Governor or Governors shall
require or direct, that any Keeper, Turnkey, or Matron of such
Gaol, Bridewell, House of Correction, or other Prison, is inca-
pable, from Age, or Infirmity of Mind or Body, to discharge
the Duties of his or her Office, to order that sucli Keeper,
Turnkey, or Matron shall and may be superannuated, and shall
and may receive such yearly Allowance or Superannuation as
to such Grand Jury shall seem fitting and proper, and there-
upon such Keeper, Turnkey, or Matron shall cease to hold his
or her Office^ and the yeai*ly Sum to which he or she shall
become entitled shall be presented by the Grand Jury of the
County of the City of Dublin or of the County of Dublin^ as the
Case may be, in equal Moieties, One at each Presenting Term

during

I84a Turnpike Acts Canttnuanee {England). Cap.44»45. 2fi0

during the Life of the Person so superannuated, on its being
proved to the Satisfaction of such Orand Jury that such Person
is living : Provided always, that no such Superannuation Al-
lowance for any such Keeper, Turnkey, or Matron shall in any
Case exceed Two Thirds of the annual Salary to which such
Person shall be entitled at the Time of his or her Superannua-
tion, nor the Proportions with reference to the Amount of the
Salary of any such Keeper, Turnkey, or Matron, and the Periods
of their Services respectively, which, by an Act passed in the
Fourth and Fifth Years of the Reign of His late Majesty
King WtUiam the Fourth, intituled An Act to altera amende and 4&5 W.4. c.84.
amsolidate the Laws for regulating the Pemione^ Compensations^
and Allowances to be made to Persons in respect of their having
hdd Civil Offices in Sis Migest^s Service, are directed to be
oWrved.

VI. And be it enacted, That this Act may be amended or Act may be
repealed by any Act to be passed in this present Session of "n«nded this
Parliament ^^°"-

CAP. XLV.

An Act to continue until the First Day of June One
thousand eight hundred and forty-two, or if Parlia-
ment shall then be sitting, until the End of the then
Session of Parliament, the Local Turnpike Acts for
Great Britain which expire with this or the ensuing
Session of Parliament. [4th Atigust 1840. J

* "XITHEREAS it is expedient that the several Acts for
« ^» regulating Turnpike Roads in Great Britain herein-

* after referred to should be continued for a limited Time :" Be it
therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That every Turnpike Acts
Act for making, amending, or repairing any Turnpike Road for Great

or Roads in Great Britain which will expire on the First Briuin new-
Day of Jirne in the Year One thousand eight hundred and tinued for a
forty-one, or if Parliament shall be then sitting at the End of further Term.
the then Session of Parliament, shall be and the same is
hereby continued until the First Day of June One thousand
eight hundred and forty-two, or if Parliament shall then be
sitting until the End of the then Session of Parliament

II. And be it enacted. That notliing in this Act contained Act not to
shall extend or be construed to extend to an Act passed in the «*end to
Fifty-eighth Year of the Reign of His late Majesty King George ^® ^' ^' ^•"^•
the Third, intituled An Act for repairing the Road from Blake*
down Poole in the Parish of Hagley in the County of Worcester
to Birmingham in the County ©^Warwick,

MO

Gap. 46| 47.

FarUamentary Barouffhs.

3 & 4 Vict.

CAP. XLVI-

An Act to continue for One Year from the passing of
this Act, and thenceforth until the End of the Sien
next Session of Parliament, the several Acts for
regulating the Turnpike Roads in Ireland.

[4th August 1840.]

< 'IX/'HEREAS the several Acts for making, amending, and

* repairing the Turnpike Roads in Ireland were 1^ an

< Act passed in the First and Second Years of the Reign of

< Her present Majesty continued for the Term of One Year,

< and thenceforth until the End of the present Session of Parlia-

* roent ; and it is expedient that the said Acts should be further

* continued:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

Turnpike Acta Parliament assembled, and by the Authority of the same, That
for Ireland ^ji ^nd every Act and Acts of Parliament for making, amend-
ing, and repairing any Turnpike Road or Roads in Ireland^
which will expire during or with the present Session of Parlia-
ment, shall be and the same is and are hereby continued for
One Year from the passing of this Act, and thenceforth until
the End of the then next Session of Parliament.

near expiring
continued for
One Year.

9 Ana. e. 90.

CAP. XLVIL

An Act to repeal so much of an Act of the Ninth
Year of the Reign of Her late Majesty Queen Anne
as prevents the Re-election of Mayors of Parlia-
mentary Boroughs and other annual Returning
OflBcers. [4th August 1840.]

TX/^HEREAS by an Act passed in the Ninth Year of the
^ ^ Reign of Her late Majesty Queen Aime intituled An
Act for rendering the Proceedings upon Writs of Mandamus and
Informaiions in die Nature of a Quo warranto mare speedy and
effectual^ and for the more easy trying and determining the Rights
of Offices and Franchises in Corporations and Boroughs^ after
reciting that *^ in divers Counties, Boroughs, Towns Cor-
porate, and Cinque Ports, where the Mayor, Bailiff, or other
Officer or Officers to whom it belonged to preside at the
Election and make Return of any Member to serve in Par-
liament ought to be annually elected, the same Person had
been re-elected into such Office for several Years successively,
which had been found inconvenient," it was enacted ** that
no Person or Persons who had been or should be in such
annual Office for One whole Year should be capable to be
chosen into the same Office for the Year immediately ensuing ;
and that where any such annual Officer or Officers should be
to continue for a Year, and until some other Person or Per-

< sons

1840. Fnii$iff of Entailed Estates {SeoOand^ Cap. 47, 48. 2^1

< sons should be chosen and sworn into such Office, if any

< such Officer or Officers should voluntarily and unlawfully

< obstruct and prevent the choosing another Person or Persons

< to succeed into such Office at the Time appointed for making .
^ another Choice, he or they should forfeit One hundred Pounds

* for every such Offence, to be recovered, with Costs of Suit,
' by such Person as would sue for the same^ in any of Her

< Majesty's Courts of Record before mentioned, by Action of
^ Debt, Bill, Plaint, or Information, wherein no Essoign, Pro-

* tection, or Wager of Law should be allowed, nor any more
^ than One Imparlance ; one Moiety thereof to Her Majesty,
' Her Heirs and Successors, and the other Moiety to him or

* them that would sue for the same :" And whereas such Pro-
^ vision has now become unnecessary and inexpedient:' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the same, That so much of the said Prtmsion in
Act of the Ninth Year of the Reign of Her late Majesty Queen J^^^*^
Aime as is herein«before recited shall be and the same is hereby '^^^^"^
repealed^

IL And be it enacted. That no Person who shall before the Election of the
passing of this Act have been re-elected into any OflBce by virtue ^"™>ng
of which it belongs to him to preside at any Election or make elected noTto
Return of any Member to serve in Parliament shall be deemed be questioned
to have been incapable of being chosen into such Office, or be "°^®! ?"' ^^^^
liable to have his Right to exercise such Office questioned, by
reason of so much of the said recited Act as is hereby repealed.

CAP. XL VIII.

An Act to enable Proprietors of Entailed Estates in
Scotland to feu or lease on long Leases Portions of
the same for the building of Churches and Schools,
and for Dwelling Houses and Gardens for the
Ministers and Masters thereof. [4th Augmt 1840.]

* Ty HEREAS it would be for the Advancement of Religion
' and Education in Scotland if the Proprietors of Entailed
' Estates in that Country were enabled to grant in feu, or
' lease on long Leases, Portions of such Estates, for the Pur-
' pose of building thereon Places of Christian Worship, and
^ Schools and Dwelling Houses for the Ministers and Masters
^ thereof, with suitable Gardens to such Houses :' May it there-
fore please Your Majesty that it may be enacted; and be it
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
suid Commons, in this present Parliament assembled, and by .

the Authority of the same. That from and after the passing of niay grant
this Act it shall be lawful to Heirs of Entail for the I'ime being Leases of For-
ia Possession of Entailed Estates in Scotland^ and having made ^^ °^ ***®
^ a feudal Title thereto, if of lawful Age, or if in Pupillarity sit^ of °^

or Churchesy &c.

2iS2 Cap. 48. Feuing of Entailed Estates {Scotland). 3 & 4 Vict.

or Minority, or under mental or other legal Disability, then to
the Tutors or Curators or other legal Guardians of such Heir,
notwithstanding any prohibitory, irritant, and resolutive Clauses
contained in any Entail already made and established, or which
may hereafter be made and established, pursuant to the Direc-
tions contained in an Act of the Parliament of ScotUxnd made
in the Year One thousand six hundred and eighty-five, inti-
tuled Act concerning Tailzies^ to grant or dispone in feu, or to
let or lease for any Period of Endurance, for such yearly Feu
Duty or Rent as may be agreed upon, though inadequate and
below the just Avail or Value, Portions of such Estates respec-
tively, not exceeding the Extent herein-after mentioned, as the
Sites of Places of Public Christian Worship, and Schools, and
for Burying Grounds and Playgrounds for such Places of
Public Worship and Schools respectively, and also for Dwelling
Houses and Gardens for the Ministers and Schoolmasters
thereof respectively ; and the Feu Charters or Dispositions or
Leases so to be granted shall be good, valid, and effectual to
the Grantee or Lessee under the same against any subsequent
Heir of Entail, and the granting of the same shall not infer
any Forfeiture, Irritancy, or Claim of Reparation against the
Heir granting such Feu or Lease : Provided always, that the
Sherifi to whom Application shall be made in manner after
directed shall be satisfied of the Propriety of the Measure in
the whole Circumstances ; and that no Grassum, Fine, or other
Consideration shall be given or paid therefor to or for the
exclusive Benefit or Advantage of the Heir of Entail in Pos-
session granting such Feu or Lease, or of the Heir of Entail
consenting thereto as herein-after provided ; and provided also,
that the Extent of Ground feued or leased shall not exceed
One Fourth of an Acre for any One Place of Worship, nor
One Acre for any One Burying Ground attached thereto, nor
One Eighth of an Acre for any one Dwelling House for a
Minister or Schoolmaster, nor One Acre for any Schoolhouse
and Playground attached thereto, nor Half an Acre for the
Garden attached to such Dwelling Houses respectively.
Rights of Heir IL Provided always, and be it enacted. That nothing herein
of Entail in contained shall prevent or be construed to prevent any Heir
to^^^dicwl ^^ Entail in Possession from exercising any Power of granting

Feus and Leases which may be contained in the Entail under

which he possesses more extensive than the Power of granting

• Feus or Leases hereby conferred, and without any Application

to the Sherifi^ hereby directed.
No Lease to be HI. And be it enacted. That, previous to the granting any
m-anted without such Feu or Lease, the Heir of Entail intendino: to grant the
sSri^o''^ same shall present a Petition to the Sheriff of the County
may refuse if within which the Entailed Land to be feued or leased lies,
he deems it setting forth the particular Description and Extent of Land
suoc^htiT proposed to be feued or leased, the Purpose to which the same
Hen-s. is to be applied, and the Parties in whom it is to be vested in

Trust for such Purposes, and praying the Sheriff to interpose
his Authority thereto ; and such Sheriff shall thereupon, unless

the

1640. Feuinff of Entailed Estates {Scotland). Cap.4& 263

the Consent in Writing of the Heir of Entail of lawful Age
next in Order of Succession to such Entailed Instate shall be
produced with the Petition, order Intimation of such Petition
to be made to the said Heir of Entail next in Order of Suc-
cession within the United Kingdom, or if out of the United
Kingdom then to the Factor or Agent of such next Heir if of
lawful Age, and if in Pupillarity or Minority, or under mental
or other legal Disability, then to the Tutors or Curators or
other legal Guardians of such Heir, and shall, unless such
Consent shall be produced, also order Notice of such Petition,
in such Terms as he shall direct, to be published in the Editi"
hargh Gazette^ and in some One Newspaper, to be fixed on by
him, Three Times at Intervals of Fourteen Days ; and upon
Production to the Sheriff of such Intimation and Publication,
if there be any such Heir in existence and known, or otherwise
of such Publication, with a Declaration by the Petitioner^ to
which he may be required to make Oath, that no such Heir
is in Existence or known, he shall resume the Consideration
of the Petition, and shall institute such Inquiry into the Cir-
cumstances of the Case as he shall think necessary ; and after
hearing the Heir of Entail to whom Notice shall be so given,
if he shall appear to oppose the granting the Prayer of the
said Petition, the Sheriff shall, whether Appearance be made
or not, if satisfied of the Propriety of the Measure, pronounce
a Deliverance interponing his Authority thereto as craved, or
under such Limitation or Qualification as he may judge neces-
sary or proper, or he may refuse the Prayer of the Petition if
he should deem the granting the Feu or Lease injurious,
otherwise than as regards the Feu Duty or Rent as aforesaid,
to the Interest of the succeeding Heirs of EutaiL

IV. And be it enacted. That, the Authority of the SheriflF Heir of EduU
being interponed as aforesaid, it shall be lawful to the Heir not liable to
of Entail so applying to execute a Feu Charter or Lease, as LoM^f"Sght
the Case may be, in conformity with the said Petition and by granting
Deliverance thereon, in favour of the Presbytery of the Bounds, L«Me.

or the Trustees or Managers or Directors of the Place of
Chrisdan Worship or School respectively, and their Successors
in Office, or such other Body as may be selected and agreed
upon, in Trust for the Purposes set forth in such Petition;
and such Heir shall not, by the Execution of such Feu
Charter or long Lease, incur any Forfeiture, Irritancy, or
Loss of Right, any thing in the Deed of Entail under which
he holds the Entailed Estate to the contrary notwithstand-
ing.

V. And be it enacted, Tliat the recording of such Feu Feu Charter,
Charter in the General Register of Sasines (and the Keepers ^^^^T^JJ^
thereof are hereby authorized and required to register the in Grantees and
same) shall, without any Infeftment thereupon, validly and their Successors
effectually vest and seise the Grantees in such Charter in the feJf'Xriif'A*'
Land thereby conveyed ; and such Feu Charters and Leases iSoie"T»m of
shall be effectual to the Successors in Office of the Persons in
whose Favour the same shall have been granted for the Trust

Purposes

964 Cap. 48. Feuing of Entailed Estates (Scotland). 8 & 4 Vicr.

Purposes for which they were granted, without auy Trans-
ference or Renewal of the Investiture, in all Time thereafter as
regards such Feu Charters, and during the whole Duration of
such Leases.
Trustees not to VL And be it enacted, That it shall not be competent or
Land?or*^m ^^^^^^ to the Parties in whose Favour such Feu Charters or
Leases. Leases shall have been granted in Trust as aforesaid, or their

Successors in Office, to dispone, let, sub-feu or sub-let the

Lands so held by them, nor to assign such Leases, nor to

borrow Money on the Security of the same, nor to burden

the Lands held by them in any Way with Debts or Obligations

of any Description ; and all Dispositions, Sub-feus, Heritable

Bonds or Dispositions in Security, Leases and Sub-leases of

the Lands so feued or leased, or Assignations of such Leases,

and all Adjudications of such Lands in Implement or for any

such Debt or Obligation, shall be null and void to all Intents

and Purposes.

B*idbi^' VII. And be it enacted. That it shall not be la^ul to the

th««oin,^ot to Parties in whose Favour such Feu Charter or Lease shall hav^

be used for any been granted, or their Successors, to divert the Land so feued or

Pur]^ than Jeased, or the Buildings erected thereon, to any other Purpose

it was granted. ^^^^ ^^^ Purpose for which the same shall have been feued or

leased; and if such Land or Buildings shall at any Time
be so diverted, or shall be, for the Period of Five Years,
left unemployed for the Purposes for which the same were
feued or leased, it shall be competent for the Heir of Entail
in Possession for the Time being to apply by Petition to
the Sheriff of the County in which the Land or Buildings
lie, setting forth the Diversion or Abandonment, and praying
to have the Feu Charter or other Right or Lease declared to
be forfeited, and the Land therein contained, with the Buildings
erected thereon, to belong to the Heirs of Entail of the Estate
in relation to which such Feu Charter or Lease was granted,
in all Time thereafter, free from and unaffected by such Feu
Charter or Lease, and to be again subject to the Destination
and Fetters of the Entail of such Estate ; and the said Sheriff
after ordering Intimation of such Petition to the Parties at the
Time in right of such Feu Charter or Lease, if known, and also
public Notice to be affixed on the Door of the Parish Church
of the Parish within which the Land feued or leased is quoad
sacra situated, for Three successive Sundays, shall, on Evidence
of such Intimation and Publication being produced to him,
resume Consideration of the Petition, and shall inquire into the
alleged Diversion or Abandonment, and shall hear the Parties
in the Right of the Feu Charter or Lease, or any of the In-
habitants of the Parish for whose Behoof the Land is held,
and receive any competent Evidence' that shall be offered by
any of the Parties interested ; and if he shall find the Allega-
tion of Diversion or Abandonment proved, he shall pronounce
a Deliverance to that Effect, and shall declare the Feu Charter
or Lease forfeited, and the Portions of Ground therein con-
tained to belong to the Heirs of Entail aforesaid, in all Time

thereafter,

1840. Soap Duties. Cap.48^49. 269

thereafter, free from and unaffected by such Feu Charter or
Lease, and subject to the Destination and Fetters of the Entail
of the Estate in relation to which such Feu Charter or Lease
was granted ; and such Decree of Declarator shall be recorded
in the general Register of Sasines, and the Land and Subjects
to which the same relates shall be thereafter possessed by such
Heirs of Entail accordingly, and as if such Feu Charter or
Lease had never been granted*

VIIL And be it further enacted. That this Act may be Act may be
amended, altered, or repealed by any Act to be passed in the g^^j^^^
present Session of Parliament

CAP. XLIX.

An Act to consolidate and amend the Laws for collect-
ing the Duties of Excise on Soap made in Oreat
Britain. [4th August 1840,]

* Yl/^HEREAS the Laws for collecting and securing the
' *^ Duties of Excise on Soap have become numerous and

* complicated, and it is expedient to consolidate and amend the
' same ^^ be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, That there Duties and
shall be raised, levied, and collected, allowed, granted, and DMwbackion
paid, the Duties and Drawbacks of Excise following ; (that is ^*

to say,)

For every Pound Weight Avoirdupois of all Hard Soap which
shall be made in Great Britain^ to be paid by the Maker
thereof, a Duty of One Penny Halfpenny ; for every Pound
Weight Avoirdupois of all Hard Soap which shall be brought
from Ireland into Great Britain^ to be paid by the Importer
thereof, a Duty of One Penny Halfpenny ; for every Pound
like Weight of all Soft Soap which shall be made in Great
Britain, or which shall be brought from Ireland into Great
Britain, to be paid by the Maker or Importer thereof respec-
tively, a Duty of One Penny;

For every Pound Weight Avoirdupois of ail Hard Soap» for
which the Duty in respect thereof shall have been paid or
charged, and which shall be duly exported as Merchandise
from Great Britain to Foreign Parts, or which shall be
shipped as Stores of any Vessel entitled to ship Stores Duty-
free, or which shall be removed from Great Britain into
bdand, a Drawback of One Penny Half-penny :

For every Pound Weight Avoirdupois of all Soft Soap which
shall be so exported, shipped, or removed a Drawback of One

I Penny. '

II. And be it enacted. That the said Duties and Drawbacks S^^t to

shall be under the Management of the Commissioners of Excise^ be under the

and shall be collected, paid, and accounted for in the same ^ Management

Marnier as other the Duties and Drawbacks under the Managej^^^^^^

26d Cap. 49. Soap Duties. 3&4ViC^

ment of the said Commissioners} and shall be charged, raised,

levied, sued for, granted, and paid under the Provisions of this

Act, and the general or special Provisions, Clauses, Enactments,

Regulations, Pains, Penalties, and Forfeitures contained in any

Act or Acts relating to the Collection and Management of the

Revenue of Excise.

Soap Makers to III. And be it enacted, That every Maker of Soap shall,

make Entry of before beginning to make or manufacture any Soap, or to

and Utensils. pi*epare any Materials for the making of Soap, make a true and

particular Entry in Writing, signed by such Maker, of every
Soap-house, Boiling-house, Warehouse, Storehouse, Shop, Room,
or other Place intended to be made use of by him for the
making, preparing, or keeping of Soap, or of any Materials for
making the same, and of every Copper and Boiler, stating truly
the Size of each such Copper and Boiler, and the Quantity of
Soap it is capable of making, Half-boil Tub, Vat, Receiver, and
other fixed Vessel to be used for the boiling, making, or pre-
paring any Soap, or any Materials for the same, and of every
Frame to be made use of by him for cleansing Hard Soap into,
specifying of what Material such Frame is made, and the Length
and Breadth thereof, by delivering such Entry to the Officer of
Excise in whose Survey his Soap-house or Premises shall be
situated; and in every such Entry every Soap-house, Boiling-
house, Warehouse, Storehouse, Shop^ Room, or other Place,
and every Copper, Boiler, Half-boil Tub, Vat, Receiver, and
other fixed Vessel, and every Frame for cleansing Hard Soap
into, shall be distinguished by a particular Number or Letter,
or Number and Letter or Letters ; and in default thereof such
Maker shall, for every unentered Soap-house^ Boiling-house^
Warehouse, Storehouse, Shop, Room, or Place, Copper, Boiler,
Half-boil Tub, Vat, or other such Vessel or Frame, forfeit Two
hundred Pounds ; and every unentered Copper, Boiler, Half-
boil Tub, Vat, Receiver, or other Vessel, and all Soap and all
Materials found therein, and all Soap and Materials found in
any unentered Soap-house, Boiling-house, Warehouse, Room, or
Place, shall be forfeited.
Soap Makers to IV. And be it enacted. That every Maker of Soap shall mark
SJ^Uidr^^PiJr' *^^ number, and at all Times, on Demand in Writing of the
mises and Surveyor or Supervisor of Excise, legibly re-mark and re-num-

Utensils. ber, every Soap-house, Boiling-house, Warehouse, Storehouse,

Shop, Room, or other Place, and every Copper, Boiler, Half-
boil Tub, Vat, and other Vessel, and every Frame made use of
by him for making, cleansing, keeping, or preparing any Soap,
or any Materials for the same, with distinguishing Numbers or
Letters or Numbers and Letters corresponding to the Descrip-
tion thereof in the Entry ; and every Soap-house, Boiling-house,
Warehouse, Storehouse, Shop, Room, or other Place, Copper,
Boiler, Half-boil Tub, Vat, or other Vessel or Frame made use
of for the making, cleansing, keeping, or preparing any Soap, or
any Materials for the same, which shall not be so marked or
numbered,«or which shall not correspond with the Description
thereof in the Entry^ shall be deemed and taken to be unentered.

V. And

1840. Soap Duties. Cap. 49. 267

V. And belt enacted, That it shall be lawful for every OflScer Power of

of Excise at all Times to enter into any Soap-house, Boiling- ^^housca"^'

house, Warehouse, Storehouse, Shop, or other Place made use of

by any Maker of Soap for the making or keeping of any Soap,

or for the keeping or preparing of any Materials for the same,

and to remain therein, and to examine and inspect every such

Soap-house^ Boiling-house, Warehouse, Storehouse, Shop» or

other Place, and all Coppers, Boilers, Tubs, Pans, and other

Vessels and Utensils and Frames therein, and to examine and

take an Account of all Soap from Time to Time made or making

by any such Maker, and to take a Sample or Samples of any Soap

made by such Maker, or of any Materials making into or being

added to any Soap, paying for such Sample or Samples at the

Rate of Sixpence per Pound ; and every Soap Maker into and

in whose Soap-house and Premises aforesaid any Officer of

Excise shall, on his Request or Application, be prevented or

hindered from entering or remaining, or examining or taking

sach Account, or taking any such Sample or Samples, shall

forfeit Two hundred Pounds.

VI. And be it enacted. That every Soap Maker who shall be Soap MakcT*,
thereto required by any Order or Directions of the Commis- LJ^'Jde^sbeds
sioners of Excise shall provide and place in his Soap-house, in or Watcii-boxcs
a Situation near to his Coppers or Boilers, to be approved of ^'"'J^*: ^ccom-
by the Commissioners of Excise, One or more Shed or Sheds, officered" ° * ^
or Watchbox or Watchboxes, with Glass Windows thereto, and

Seats for the Accommodation of the Officers of Excise placed
over his Soap-house or Premises ; and every Maker of Soap
who, on being required so to provide such Shed or Sheds or
Watchbox or Watchboxes as afores&id, shall refuse or neglect so
to do, shall forfeit Two hundred Pounds for every Refusal or
N^lect of every such Order or Directions.

VII. And be it enacted. That every Maker of Soap shall, at Soap Makers to
his own Expence, find, provide, and affix and maintain good provide Covers
and sufficient Covers to every Copper or Boiler wherein he ^^ Half-^^"
shall boil or make any Soap, and to every Half-boil Tub or Tubs.

other Vessel in which any Foul Goods shall be allowed to remain
for more than Six Hours ; and every such Cover shall be made
to fit closely and securely, so as to prevent, when shut down and
closed, any Access to or Removal of the Soap or Materials or
Goods in such Copper or Boiler, Half-boil Tub or other Vessel,
and shall not have any Hole, Opening, or Perforation therein,
save and except small Holes not exceeding One Fourth of an
Inch in Diameter in the Cover of the Copper or Boiler wherein
the Soap shall be boiled or made, to allow the Escape of the
Steam ; and every Maker of Soap who shall refuse or neglect
to provide or affix such good and sufficient Cover as aforesaid
to any such Copper, Boiler, Half-boil Tub, or other Vessel, or
'^ho shall have any Hole or Perforation in such Cover, save and
except as aforesaid, shall forfeit Two hundred Pounds, together
^ith all the Goods or Materials which shall be found in any
such Copper, Boiler, Half-boil Tub, or other Vessel.

[No,18. iVice2rf.] S VHI. And

268 Cap. 49. Soap Duties. 3&4Vicrr.

Soap Makers VIIL And be it enacted, That every Maker of Soap shall, at

^r^Fastenin« ^'^ ^^^ Expence, provide and affix and maintain good and
for securing the sufficient Fastenings for fastening and securing the Ck)ver of
Covers of their every Copper, Boiler, Half-boil Tub, or other Vessel for which
the^Covers of ^ Cover is by this Act required to be provided, and proper
Tubs and Locks and Keys for locking and securing such Fastenipgs shall be

Vessels. provided by the respective Supervisors and Surveyors of Excise

at the Expence of such Maker; and within Thr(ee Hours, if tl^e
Copper or Boiler shall be of a Size capable of making Ten Tons
of Soap or more, and if of a less Size within Two Hpurs, after
the Fire is drawn or the Steam turned ofij the Cover of suc^i
Copper or Boiler, and the Cover of every Hi^lf-bpil Tub or
other Vessel containing any Foul Goods or Materia^ taken from
or to be returned into any Copper or Boiler, shall be securely
Coppers, &c. fastened, locked, and secured by the Officer of Excise ; and
locked ^^* every Copper or Boiler, Half-boil Tub, and other such Vessel

as aforesaid, shall be at all Times kept securely fastened, locked,
and secured by the Officer of Excise, except when such Copper
or Boiler, Half-boil Tub, or other such Vessel, shall be at work
or in use, or shall be opened for repairing the same;, or for the
Inspection of an Officer of Excise ; and every Soap M^ker who
shall refuse or neglect to provide and affix such good and suffi-
cient Fastenings as aforesaid, or who shall obstruct or hinder
any Officer of Excise in locking and securing the same, shall
forfeit Two hundred Pounds, together with aJl Soap or Mate-
rials foimd in any such Copper, Boiler^ Half-boil Tub, or other
Vessel to which such Fastenings shall not be affixed.
Coppers not to IX. And be it enacted, That no Maker of Soap shall have or
have any Pipes keep any Pipe or other Conveyance to or from any Copper or
OpSitMln Boiler made use of by him in the boiling or making ot Soap,
tfaem. nor shall have any Cock or Perforation or Hole in me Side or

Curb or Bottom of any such Copper or Boiler, nor shall have

any Part of the Curb moveable, nor shall use any Syphon,

Crane, or Trinket, but shall take out all Lees, Soap, and

other Ingredients contained in such Copper or Boiler by a

moveable Pump and open Shute, or by Pails or Ladles only,

on pain of every Maker acting contrary hereto forfeiting Two

hundred Pounds.

For allowing X. Provided always, and be it enacted. That nothing herein-

S'^r ^°Soa b ^^^°^^ contained shall extend to prevent any Maker of Soap

Steam. ^ ^""o™ having a Pipe entering into and Coils of Pipe fixed in his

Copper or Boiler, for the Purpose of conveying Steam into such
Copper or Boiler, and thereby boiling or making his Soap, so
that the same be one continuous Pipe leading from the Boiler
or Steam Main, by which the Steam shall be supplied directly
into the Soap Copper or Boiler, and being externally visible
throughout its Course, and not having any Opening or Outlet for
the Steam into the Soap Copper or Boiler, but by Perforations,
not exceeding One Eighth of an Inch in Size, pierced in some
Part of that Portion of the Pipe, or Coils of Pipe, which shall
be placed within the Soap Copper or Boiler.

XL And

1840. Soaplkttie*. Cap. 49. 269

XI. And be it enacted, That whenever any Maker of Soap ^^«° ^°^
shall be desirou, of having the Cover of his Copper or Boiler, ^^tn^
or ot any xiaif*boil i ub or other vessel^ the Cover of which the Cover of
shall be locked and secured, opened for the Purpose of boiling ^*' Copper, &c.
Soap, or preparing the Materials for the same, such Maker shall sSIpte rf^i^^
give to the proper Officer of Excise, if delivered between the give Notice to
Hours of Six of the Clock in tlie Morning and Six of the ***« ^^^^ ^^°
Clock in the Evening Six, and if delivered at any other Time "^ *"'"^-
Twelve Hours Notice thereof in Writing, specifying in such

Notice the particular Copper or Boiler, H^f^boil Tub, or Vessel
required to be opened \ and the Qi^cer of Excise shall, at the
Time specified in such Notice, attend and unlock the Fastenings
of the Cover of the Copper, Boiler, Half-boil Tub, or other
Vessel, and allow the same to be opened for the Purpose afore-
said ; and if such Maker shall liot, within Three Hours after
such Fastenings being unlocked, light the Fire under or turn
the Steam on the Copper or Boiler, or remove the Goods from
the Half-boil Tub or other Vessel, such Officer shall, at the
Expiration of such Time, replace and rerlock and secure the
Fastenings on the Covers on the said Copper or Boiler, Half^
boil Tub, or other Vessel, and the same shall not again be
opened without another and like Notice being subsequently
delivered*

XII. And be it enacted. That it shall be lawful for any Officers of
Officer of Excise surveying any Soap-house at any Time tp ]^"'^™^**
unlock the Fastenings of any Copper or Boiler, Halt-boil Tub, unlock Uie

or other Vessel, and to require the Cover thereof tq be opened Copper, &c.
for the Purpose of his examining whether any Soap or Materials f^f^'j^o^n
^re in such Copper or Boiler, Half-boil Tub, or other Vessel, for inspection.
«nd to inspect and examine any Soup or Materials which may be
therein ; and every Maker of Soap, who, on being required by
any such Officer so to do, shall refuse to open the Cover of any
Copper or Boiler^ Half-boil Tub, or other Vessel, or again to ^

close the sam^ shall forfeit One hundred Pounds.

XII L And be it enacted. That when any Maker of Soap Notice ibr
shall be desirous of having any Copper or Boiler, Half-boil Tu^ Repairs,
or other Vessel opened for the Purpose of the same being
repaired, such Maker shall give to the proper Officer of Excise,
if delivered between the Hours of Six of the Clock \a the
Morning and Six of the Clock in the Evening Six, and if
delivered at any other Time Twelve Hours Notice thereof in
Writing, specifying in such Notice the particular Copper or
Boiler, Half-boil Tub, or Vessel requiring Repair ; and there-
upon the Officer of Excise shall attend at the Time speci^ed in
&uch Notice, and shall unlock and open the Fastenings of the
Cover of such Copper or Boiler, Half-boil Tub, or other Vessel ;
and such Maker shall in the Presence of the Officer forthwith
cause all the Soapt Materials, or Goods, if any, which shall be
in such Copper or Boiler, Half-boil Tub, or other Vessel, to be
removed and turned over into some other Copper or Boiler,
Half-boil Tub, or other Vessel, which shall be immediately
ftstened, locked, and secured by the Officer, unless it shall be a

S 2 Cppp^

270

Cap. 49.

Soap Duties.

8 & 4 Vict.

Notice to be
given of the
Removal of
Goods from
one Copper to
another.

Officer to
attend, and the
Removal to
take place in
his Presence.

In case of
Accident Goods
may be imme-
diately remoyed.

Copper then boiling; and as soon as. the Repairs required shall
be completed the Maker of Soap shall give Notice thereof in
Writing to the OflBcer of Excise, who shall thereupon attend,
and fasten, lock, and secure the Cover of the Copper or Boiler,
Half-boil Tub, or other Vessel so repaired, unless such Maker
shall have given such Notice as herein-before required for having
the Cover of the Copper, Half-boil Tub, or other Vessel opened
to boil Soap or Materials; and all Soap, Groods, and Materials
which shall be found in any such Copper or Boiler, Half-boil
Tub, or other Vessel, before such Notice of the Repairs being
completed shall have been given, shall be forfeited; and if any
Soap, Materials, or Goods which may be in any Copper or
Boiler, Half-boil Tub, or other Vessel, shall not be begun to be
removed and turned over within Two Hours after such Copper
or Boiler, Half-boil Tub, or other Vessel shall be opened under
such Notice first as aforesaid, such Notice shall be void, and the
Officer of Excise shall require the Cover thereof to be reclosed,
and shall replace the Fastening, and re-lock and secure the same,
and shall not again unlock or open the same for the Purpose of
Repair until anotlier and like Notice shall have been subse-
quently given.

XIV. And be it enacted. That whenever any Maker of Soap
shall be desirous of removing any Materials making into Soap
or Foul Goods from any Copper or Boiler in which the same
may be contained into any other Copper or Boiler, such Maker
shall give Notice in Writing of such his Intention to the Officer
of Excise, if delivered between the Hours of Six of the Clock in
the Morning and Six of the Clock in the Evening Six, and if at
any other Time Twelve Hours, before such intended Removal,
specifying in such Notice the particular Copper or Boiler, or
Coppers or Boilers, in which such Materials or Foul Goods shall
then be contained, and the particular Copper or Boiler or Cop-
pers or Boilers into which the same are to be removed, and the
particular Day and Hour when such Removal is to take place ;
and such Notice having been delivered, the proper Officer of
Excise shall attend at the Time mentioned therein, and shall see
such Materials or Foul Goods removed in his Presence from the
one Copper or Boiler into the other accordingly ; and every
Maker of Soap who shall remove any Materials or Foul Goods
from any Copper or Boiler in which the same may be into any
other Copper or Boiler, without having given such Notice, shall
forfeit One hundred Pounds ; and if any Maker of Soap, having
given such Notice, shall not within One Hour after the Time
specified therein, or the Attendance of the Officer in consequence,
begin to remove such Materials or Foul Goods, such Notice shall
be null and void, and another like Notice shall be subsequently
given : Provided always, that if the proper Officer of Excise shall
be on Survey or be present in the Soap-house so as then to attend
and see such Removal, One Hour's previous Notice in Writing
to such Officer of such intended Removal shall be sufficient

XV. Provided always, and be it enacted, That in case in the
making of any Soap any Copper or Boiler containing Soap, or

a Materials

1840. Socp Duties. Cap. 49. 271

Materials making into Soap, or Foul Goods, shall bursty or by
Accident become damaged or injured, so as to render necessary
the Removal of such Soap or Materials or Foul Goods into
some other Copper or Boiler, Half-boil Tub, or other Vessel, it
shall be lawful for the Maker of Soap in whose Premises such
Accident shall happen, on giving immediate Notice to the Offi-
cer of Excise thereof, to remove all the Soap or Materials or
Foul Goods from and out of the Copper or Boiler which shall
have so burst or become damaged or injured, if the same shall
then be open, into any other Copper or Boiler, Half-boil Tub,
or Vessel in the Soap-house of such Maker ; and the Officer of
Excise to whom such Notice shall be delivered shall forthwith
attend and unlock the Fastenings, if such Copper or Boiler
shall be locked and secured, and see such Soap or Materials or
Goods removed in his Presence, or if removed before his At-
tendance shall see the Copper, or Boiler, Half-boil Tub, or Vessel
into which the same shall have been removed, and shall forthwith
lock and secure the Fastenings thereof, unless the same shall be
a Boiling Copper.

XVI. And be it enacted. That it shall be lawful for any Sur- Surveyor or
veyor or Supervisor, or other superior Officer of Excise^ if he Supervisor may
fihali at any Time suspect any Copper or Boiler to have any ^^ be deanedT'
Hole or Opening therein, or to be so constructed in any Way out for Euuni-
as to allow of Soap being privately removed therefrom, to order ™***'° ^ "y
and direct such Ck)pper or Boiler, immediately after a Cleanse cleanse.

of Soap shall have been made therefrom, to be perfectly cleaned
out, or so much of the Goods remaining therein to be taken out
as he shall deem necessary to be removed therefrom, for the
Purpose of enabling him to examine and search such Copper
or Boiler; and if upon smch Examination and Search any
Hole or Opening shall be discovered therein, such Hole or
Opening shall be deemed to have been wilfully made for the
Purpose of privately conveying away Soap, and the Maker of
Soap shall forfeit the Penalty mr having a Hole or Opening in
his Copper or Boiler, unless he shall prove the same to have
been made by bursting or other Accident, and that he had
given Notice thereof in Writing to the Officer of Excise on his
next Survey after such Accident ; and every Maker of Soap
who shall refuse to clean out any Copper or Boiler, or to
remove or take out any Goods therefrom, on being required so
to do by any Supervisor or Surveyor, or other superior Officer
of Excise, at any Time after a Cleanse of Soap shall have been
taken from the same, shall forfeit Two hundred Pounds.

XVII. And be it enacted, ITiat every Maker of Soap in covers, Fasten-
^hose Soap-house any Covers, Fastenings, Locks, or Keys shall ings. Locks,

be provided for securing any Copper or Boiler, or any Half-boil JSJ^^^^d*' ^
Tub, or other Vessel required to be secured under the Pro- rqiaired when
visions of this Act, shall from Time to Time and at all Times, required at the
when required so to do by the Surveyor or Supervisor or ^p^Maker!***
other superior Officer of Excise, immediately alter, repair, and
amend such Covers and Fastenings respectively, and the Sur-
veyor or Supervisor of the District may, at all Times, as to

S 3 him

37S

Cap. 49.

Sivap thfHei.

3 & 4 Vict.

Penalty on
gaining Access
to Coppers so
secured or
damaging
Fastenings.

Kotioe for
cleansing Soap.

him may sCem necessary, change and remove any Locks or
Keys, and replace the same with other Locks and Keys ; and
every Maker of Soap who shall refuse or neglect to pay for any
Lock or Key at any Time provided by the Surveyor or Super-
visor of Excise for locking or securing any Copper 6v Boiler,
or dny Half-boil Tub> or other Vessel required by the Provi*.
sions of this Act to be fastened, locked, and secured, either when
first supplied ol* on any Change of such Lock or Key, or who
shall, for the Space of Three Days after being required so to do
by any Notice in Writing from the Surveyor or Supervisor of
the District, neglect or refuse to alter, amend, or repair any Cover
or Fastenings as aforesaid, shall forfeit One hundred Pounds*

XVIIL And be it enacted, That if any Maker of Soap shallj
by any false or duplicate Key, or by any Means, Art, or Coti-
trivance whatsoever, open any Lock or Fastening, or Open or
gain Access to any Copper or Boilfer, or to any Half-boil Tub,
or other Vessel, aftet* the same shall have been fastened, locked,
and secured by the Officer of Excise, before the same Shall be
again unlocked and opened by the Officer of Excise under such
Notice and at the Times prescribed by this Act, or shall wil-
fully break, damage, or injure any Cover or other Fastening,
Lock, or Key, or any Seal or Label for securing any Lock or
Fastening provided or affixed by any Officer of Excise, or shall
provide, affix, or make use of, or procure to be provided, affixed,
or made use of, any false or deceptive Cover or Fastening, or
use atiy Art, Means, or Device whereby the Securities intended
by this Act shall in any Manner be defeated, subh Maker of
Soap shall in any such Case forfeit Three hundred Pounds.

XIX. And be it enacted, That every Maker of Soap shall,
before beginning to cleanse or take any Soap from or otlt of the
Copper or Bdilet in which the same shall have been boiled and
made^ give to the Officer of Excise Six Hours Notice in
Writing of the particular Day arid Hour when such Maker
intends to cleanse or take such Soap out of the Copper or Boiler,
and the particular Copper or Boiler from which the Soap is to
be cleansed or takeh^ and at the Time specified in such Notice
the Officer of Excise shall attend in pursuance thereof; and as
soon as the Maker of Soap shall be ready to begin to deanse,
and shall require him so to do, such Officer shall unlock the
Fastenings of the Copper or Boiler, arid allow the same to be
opened ; and if such Mak^r shall not, within Three Hours after
the Officer shall attend, require him to unlock the Fastenings,
or shall not begin to cleanse and take the Soap out of the Copper
or Boiler within One Hour after the Fastenings thereof shall
be unlocked, such Notice shall be null and voidj and the Cbp*
per or Boiler, if opened, shall be again closed and fastened,
locked and secured, and shall not be again opened, except on
another and like Notice being subsequently delivered; and
every Maker of Soap who shall begin to cleanse or take toy
Soap out of any Copper or Boiler without having given such
Notice as aforesaid shall forfeit Two hundred Pounds, and all the
Soap cleansed or taken oUt.

XX. And

4840. Soap Duties. Cap. 49. 273

XX. And be it enacted, That no Maket of Soap shall cleanse No Soap to be
or take any Soap from or out of any Copper or Boiler between ^^j^*^ ^ rtain
the Hours of Seven of the Clock in the Evening from the Hours.
Thirtieth Day of September to the First Day of Aprils and Eight
of the Clock in the Evening from the Thirty-first Day of
March to the First Day of October^ and Six of the Clock on the
following Morning, and every Notice which shall be given for
cleansing any Soap within the said Hours shall be null and
void.

XXL And be it enacted. That no Frame for cleansing or Description of
patting Hard Soap, whether perfect or imperfect, into, when ^^ug^ofln
taken out of the Copper or Boiler wherein the same shall have cleansing Hard
beeil boiled or made, shall be made use of by any Maker of Soap.
Soap, except siich Frames only as shall be specified and de-
scribed in the Entry of such Maker, atid be regularly num-
bered and ihahked, and all such Frames shall be made and
constructed in mannfer folldwing; (that is to say,) every such
Frame shall be made of Wood or of Iron or Slate, and of no
other Material, except by Permission of the Commissioners of
£xcise, and shall be of d rectangular Shape, Forty-five Inches
in Length iild Fifteen Inches in Breadth ; and if such Frame
shall be hiade of Wood, the Bottom, Sides, and Ends thereof
shall l"especlively be of thfe Thickness of Two Inches at the
leasts aild the Sides and Ends of each and every of the Lifts
thereof shall be pernianently mortised and nailed, or perma-
nently dovetailed and nailed together; and if such Frame
Shall b^ of Iron br Slate, the Bottom, Sides, and Ends thereof
shall respectively be of such Thickness as to prevent the same
from giving or yielding to the Weight or Pressure of the Soap
cleansed into the same ; and if any Soap shall be cleansed into
any Vessel or Uteilsil, or into iiny Frame other than as herein-
before directed, or if any Frame of a Size or Construction
other than herein-beforfe prescribed, shall be found on the
Premises or in the Possession of any Maker of Soap, except
as hereafter provided, every such Vessel and Utensil and Frame,
and all Soap therein, shall be forfeited, and the Maker of Soap
80 oiFending shall forfeit Two hundred Pounds : Provided
always, that it shall be lawful for any Maker of Soap to make
use of any Framfe usfed by him before the passing of this Act,
although such Fl-ame may not be of the Length or Breadth
hereih-before prescribed, so that such Frame be not less than
Forty-four Inches in Length by Fourteen Inches in Breadth,
and be in other respects constructed in conformity with the
Directions of this Act

XXII. And be it enacted. That no Frame shall be made No Frame to be
ose of by any Maker of Soap for cleansing any Hard Soap into ro«^« "^e of
until the sdme shall have been produced to the Officer of JIJ'^'^*^^^^^
Excise, and until such OflScer shall have ascertained the Dimen- been ascertaine
sions thereof, and marked such Frame ; and every Maker of ^y *^e Officer,
Soap who shall make use of any Frame before the Dimensions ^^t^lf^^'
thereof shall have been so ascertained, or who shall alter the alttred.
t)imensibns theteof after the same shall have been ascertained,

S 4 shall

274

Cap. 49.

Soap Duties,

8 & 4 Vict.

No intermediate
Vessel to be
allowed except
Fails or a Pan
capable of con-
taining an
entire Frame.

Hard Soap to
be cleansed at
not less than
tbe Depth of
Forty-five
Inches in the
Frame.

Times within
which Hard
Soap must be
cleansed.

When after a
Cleanse any
Foul Goods
shall be left in
the Copper the
Soap Maker to
return all the
Fob and Skim,
mings, and add
fresh Materials.

shall forfeit One hundred Pounds, together with such Frame^
and all Soap contained therein.

XXIIL And be it enacted, That all Hard Soap shall be
cleansed from the Copper or Boiler in which the same shall
have been boiled or made directly into the Frame or Frames
in which the same is to be gauged and taken account of by tlie
Officer as after mentioned, without being put into any inter*
mediate Frame, Pan, Vessel, or Utensil, save and except the
Utensils for conveying the same from the Cbpper or Boiler to
the Frame, or into a Pan or Vessel of Capacity sufficient to fill
the whole of a Frame, and which shall be filled to the full
Amount required to fill a Frame, and firom which the Soap
shall be moved to the Frame by the ordinary Utensils, and of
which Pans or Vessels no more tlian Two shall be in use at
the same Time on any Cleanse of Hard Soap; and all Hard
Soap which shall be put into any intermediate Pan, Vessel, or
Utensil, save and except as aforesaid, shall be forfeited.

XXIV. And be it enacted. That every Maker of Soap shall,
in cleansing his Hard Soap, fill each Frame with Soap to the
Height or Depth of For^-five Inches at the least from the
Bottom of such Frame, save and except the last Frame, where
a sufficient Quantity of Soap for the Purpose shall not remain
after filling all the other Frames to the said Height of Forty^
five Inches, and every Maker of Soap who shall cleanse his
Hard Soap into any Frame, except the last as aforesaid, in
any less Quantity than as aforesaid, shall forfeit Fifths Pounds.

XXV. And be it enacted, That every Maker of Soap who
shall begin to cleanse or take any Hard Soap out of any
Copper or Boiler shall and he is hereby required to cleanse
and put the whole thereof into the Frames within the Times
herein-after mentioned, according to the Quantity cleansed or
taken out; (that is to say,) if the Quantity of Soap boiled and
made in any Copper or Boiler, and cleansed and taken out of
the same, shall not exceed Three Tons in Weight by the Gauge
thereof the whole of such Soap shall be cleansed and put into
the Frame or Frames within the Space of Two Hours from
beginning to take the same out of the Copper or Boiler; if
the Quantity shall exceed Three Tons, and not exceed Six
Tons, Three Hours; and if the Quantity shall exceed Six
Tons, then within Twenty Minutes for each additional Ton
cleansed; and every Maker of Soap who^ having commenced
to cleanse or take any Hard Soap out of any Copper or Boiler,
shall not cleanse and put the whole thereof into a Frame or
Frames within such Time as aforesaid, shall forfeit Fifty Pounds.

XXVI. And be it enacted. That when after any Cleanse of
Hard Soap any Residue of Materials shall be left in the Copper
or Boiler the Maker of Soap shall, as soon as the Cleanse of
the Soap into the Frames shall be finished, or within One
Hour thereafter, return and put into such Copper or Boiler
all the Fob and Skimmings which shall have been taken out
of the same, and also all the Soap which before the gauging
thereof may have run out of any Frame into which the same

shall

1840. Soap Duties. Cap. 49. 275

shall have been cleansed, and shall add fresh Tallow, Grease,
or Oil, in the Proportion of One Hundred Weight of Tallow,
Grease, or Oil for every Ton of Soap which such Copper or
Boiler shall be stated in the Entry of the Maker to be capable
of making, and shall immediately re-melt such Tallow, Grease,
or Oil in the Presence of the proper Officer of Excise, or shall
add thereto, in the Presence of the Officer, hot Lees or other
Goods from a Boiling Copper sufficient to make such Residue
unfit for framing as Soap, on pain of forfeiting for every Re-
fusal or Neglect so to do One hundred Pounds: Provided Fraviio.
always, that no Maker of Soap shall incur the said Penalty in
any Case where the Residue left in such Copper or Boiler shall
be turned over in the Presence of the Officer of Excise into
another Boiling Copper or Boiler, or where the Surveyor or
Supervisor or other superior Officer of Excise shall require the
Copper or Boiler to be cleaned out, or any Part of the Goods
to be removed therefrom for Examination*

XXVII. And be it enacted. That all Hard Soap shall for the An Haid Sm^
charging the Duty thereon be taken account of and the Quan- ^.^ charged
tity thereof ascertained by the Officer of Excise by Gauge oiwge."*^ ^^
whilst the same is in the Frame or Frames, after being cleansed

and before being cut up and removed from the Frame or
Fnunes ; and for the Purpose of taking such Account it shall be
lawful for the Officer of Excise to take a Gauge of all such Hard
Soap immediately on the same being cleansed or put into the
Frames and from Time to Time to repeat such Gauge until the
Soap shall be cut up and removed from the Frames; and
the greatest Quantity of Soap found or ascertained on any
such Grange shall be the Quantity of Soap to be charged with
Duty.

XXVIII. ^ And whereas under the Laws hitherto in force in gauging
the Officers of Excise have been in the Practice of ascertaining Hard Soap
the Quantity of Hard Soap to be charged. with Duty by ^SSirUh

?iuging the same in the Frames on a Calculation that ss Cubic
wenty-eight Cubic Inches of such Soap when hot, and inches when
Twenty-seven Cubic Inches and Fourteen Hundred Parts of Cubfe1^h«*
a Cubic Inch of such Soap when cold, were equal to or would when cold to be
weigh One Pound Avoirdupois : And whereas the Correctness taken as a
of such Charge having been disputed, and Doubts raised, j^^^J^*'*^'^
Experiments have been made by Persons of Science on the
specific Gravities of various Samples of Hard Soap taken on
the Premises of various Makers of Soap in Great Britain^ and
by the Result of such Experiments it has been ascertained that
as an Average on all Hard Soap made by the ordinary
Processes from the usual and ordinary Materials of Tallow,
Kitchen-stuff, Oil, or other Animal, Fish, or Vegetable Fat,
Tallow, or other Grease, or Oil, Rosin, and Alkali, or any
Mixture thereof, the said Calculation hitherto adopted is a
&ir and just one:' Be it therefore enacted. That, for the
Purpose of calculating the Number of Pounds Weight by
Gauge for the Charge of Duty, Twenty-eight Cubic Inches of
Hard Soap when hot, and Twenty-seven Cubic Inches and

Fourteen

iu

Getp^A'd.

Soap Duties.

3 & 4 ViCTi

Allowanee of
Mottled Soap.

What Soap shall
not be deemed
Mottled Soap
and not entitled
to the Allow-
ance.

When Soap is
made in a
High-presaure
Boiler, and not
fitted, 26-76
Cubic Inches
when hot and
25-91 Cubic
Inches when
cold to be a
Pound.

When other
than the usual
Materials are
used, 24-04
Cubic Inches
when hot and
23-30 Cubic
Ipches when
cold to be a
Pound*

Fourteen Hundredth Patts of a Cubic Inch of sUch l^oap when
cold, shall be deemed and taken to be a Pound Weight Avoir-
dupois of all Hard Soap of whatever Description, made from the
usual and ordinary Materials . of Talldw^ Kitchen-stuff, Oil, or
other Animal, Fish, or Vegetable Fat, Tallow, or Grease^ or.
Oil, Rosin, and Alkali, or any Mixture thereof; and every
Maker of Hard Soap shall be charged with Duty on the
Quantity so ascertained of all Hard Soap mad^ by him
accordingly.

XXIX. Provided always, That whereas Mottled Soap is
cleansed into the Frame with the greater Proportion of the Lees
therein which are thereby induded in the Bulk of Soap when
gauged, but which subsequently subside^ and are separated
from the Soap with Portions of waste Soap ; b^ it enacted,
That the Officers of Elccise shall and they are hereby required,
in chargihg the Duties on Hai*d Sbap, to allow to the respective
Makers of Mottled Soap, in their Returns or Accounts of the
respective Quantities of Hard Soap made by such respective
Makers, One Pound in every Ten Pounds of Mottled Soap
which such Officers shall charge upon the respective Makers
thereof.

XXX. Provided alwdyg^ and be it enacted. That no Soap
shall be deemed or allowed to be Mottled Soap, arid entitled to
the said Allowance df One Pound in every Teh Pounds
herebjr given, which shall be made of or have added to it any
other than the usual and ordinai*y Materials, or which shall
have remained in the Copper more than Six Hours after the
same shall have ceased to boil, and before being begun to be
cleansed, or which shall not be cleansed into the Frame within
Six Hours after the Delivery of the Declaration herein-after
required to be given, or which during the Cleanse, or when
cleansed, shall be crutched, or have anv Liquor or Mattel'
added thereto, or which shall not, before being cut Up, deposit
Lees, and be in all respects such Soap as was commonly known
as Mottled Soap before the passing of this Act.

XXXI. And be it enacted. That when any Maker of Soap
shall boil or make his Hard Soap from the usual and ordinary
Materials only in a High-pressure Boiler, and shall cleanse the
Soap so made without fitting or finishing the same in any othei*
Copper or Boiler, Twenty-six Cubic Inches and Seventy-six
Hundredth Parts of a Cubic Inch of such Soap when hot^ and
Twenty-five Cubic Inches and Ninety-one Hnndredth Parts of
a Cubic Inch when cold, shall, in gauging such Soap, be deemed
and taken to be a Pound of Soap, and the Maker thereof shall
be charged with Duty accordingly.

XXXII. And be it enacted. That in all Cases where
any Maker of Soap shall add to hid Hard Soiap of any Descrip-
tion, or manufacture the same with, any silicious or earthy
Matter, or any other Substance or Matter other than the usual
and ordinary Materials commonly used in the Manufacture of
Hard Soap, Twenty-four Cubic Inches and Four Hundredth
Parts of a Cubic Inch of such Soap when hot, and Twenty-three

Cubic

1840, Sdap Duties. Cap.49. 277

Cubic Inches and Thirty Hundredth Partt of a Cubic Inch
when cold, shall, in gauging such Soap, be deemed and taken to
be a Pound Weight Avoirdupois, and the Maker thereof shall be
charged with Duty accordingly.

XXXIIL And be it enacted, That every Maker of Soap Soap Maker to
shall, either at the Time of giving his Notice to cleanse or before deliver a De-
the Time of cleansing any Hard Soap, deliver to the Officer of ^J^^^^th^
Excise a Declaration in Writing, in such Form as the Commis- Soap to be*
sioners of Excise shall direct, specifying whether the Soap to be cleansed is made
cleansed is Soap made from the ordinary Materials only, and if M^ri^^]*^^
made from the ordinary Materials whether the same is Mottled has had any
Soap or not, or whether the same is Soap made with or to which earthy Matter
has been or is to be added any silicious or earthy or other ^^^ ^ **'
Matter than the ordinary Materials ; and every Maker of Soap
vho shall make any false or untrue Declaration in such respect
shall forfeit One hundred Pounds; and all Hard Soap, in
respect of which 6uch Declaration shall not be delivered^ shall
be deemed and taken to be Soap made with or to which has
been added silicious or earthy Matter, and shall be charged with
Duty accordingly.

XXXIV. And be it enacted, That it shall be lawful for any Officers to uke
Officer of Excise, who shall be present when any Hard Soap Sample of
shall be cutting up, td take from each Frame thereof a Cake or ^^^ ^Snz
Bar of the Soap contained therein, as a Sample or Samples of up.

the Soap in siich Frame or Frames, paying for the same when
tak^n Sixpence per Pound; and if any Hard Soap shall be In case Samples
found, dtt Examination of the Sample thereof so taken, within ^^. ^^l!^^
Forty-eight Hours after the taking thereof, to be of a greater Jon. *^*"
specific Gravity than the Gravity of ]*OdAor if boiled or made
in a High-pressure Boiler, and not fitted or finished in another
Copper or Boiler, of a greater specific Gravity than 1*08, Water
being taken as Unity at a Temperature of Sixty-two Degrees,
such Soap shall be gauged, and taken account of, and charged
with Duty as Soap made with or to which has been added sili-
cious or earthy Matter ; and if, iipon Analysis thereof at any
Time, such Sample of Soap shall be found to contain silicious
or earthy or other Matter, and shall have been declared to be
Soap made from ordinary Materials only, the Maker thereof
shall forfeit the Penalty by this Act imposed for a false or
untane Declaration,

XXXV. And be it enacted, lliat every Maker of Soap who Time within
shall have cleansed any Hard Soap into any Frame or Frames ^^^. ^"jf
to the Depth of Fifty Inches or under Fifty Inches shall cut or cut upland
divide all silch Soap into Bars, and remove the same and every removed from
Part thereof from the Frame or Frames within Six Days {Stin^ ^^ Frames,
day exclusive) after the same shall have been cleansed, if such

Frame or Frames shall be made of Wood, and within Four
Days (Sunday exclusive) if such Frame or Frames shall be made
of Iron or Slate ; and when any such Maker shall have cleansed
^y Hard Soap into any Frame or Frames in any larger Quan-
ti^ than to the Pepth of Fifty Inches, such Maker shall cut or

divide

278 Cap. 49. Soap Duties. 3&4Vict. '

divide such Soap into Bars, and remove the same and every

Part thereof from the Frame or Frames, if such Frame or

Frames shall be made of Wood within Seven Days {Sttnday

exclusive), and if such Frames shall be made of Iron or Slate

then within Five Days {Sitnday exclusive) after such Soap shall

have been cleansed, on pain of forfeiting the Sum of Fifty

Pounds for every Omission or Neglect.

Scraps and XXXVI. And be it enacted. That immediately after any

Parings to be Soap shall be cut up and removed from the Frame, all the

Sl^S)^.^*" Scraps and Parings and Pieces of Soap, not being Bars or Part

of a Bar, shall be returned into a Boiling Copper ; and every
Maker of Soap who shall refuse to return any such Scraps or
Parings or Pieces into the Copper, when required so to do by
any Officer of Excise, shall forfeit Fifty Pounds, and all such
Scraps, Parings, and Pieces.
Hard Soap not XXXVII. And be it enacted, That no Hard Soap shall be
to be sold or sold. Sent out, or removed by any Maker of Soap in any other
sent out in any Form or Shape than in Bars, not exceeding Fifteen Inches in
Uian^n Bara or L^^g^h, except Bars packed for Removal to Ireland on Draw-
Parts of Bars, back, or in Parts of Bars of not less than One Pound Weight

each Piece, except Cakes of Soap, moulded and stamped; and
every Maker of Hard Soap who shall sell or send out or remove
from his Soap-house any Scraps or Parings of Hard Soap, or
any Hard Soap in any other Form or Shape than in such JBars
or Parts of Bars, except as aforesaid, shall forfeit One hundred
Pounds, and all such Scraps or Parings, and all Hard Soap in
any other Form or Shape or of less Weight than as aforesaid,
except as aforesaid, which shall be sold, sent out, or removed
by any Maker of Soap, or shall be found in Possession of any
Person, shall be forfeited.
Soft Soap to be XXXVIII. And be it enacted. That no Soft Soap shall be
cleansed only cleansed from the Copper or Boiler in which the same shall be
ii*iF^"*^i' ''^oil^d or made into any other Cask, Tub, Vessel, or Utensil
FirkinsTw "' whatsoever, than Barrels or Half Barrels, Firkins or Half Fir-
Half Firkins of kins, of the respective Sizes following ; (that is to say,) every
a certain Size. Barrel shall when filled contain Two hundred and fifty-six

Pounds of Soft Soap, every Half Barrel One hundred and
twenty-eight Pounds, every Firkin Sixty-four Pounds, and
every Half Firkin Thirty-two Pounds Avoirdupois Weight, be-
sides the Weight or Tare of the Cask ; and every Maker of
Soap who shall cleanse any Soft Soap into any Barrel, Half
Barrel, Firkin, or Half Firkin of any other Size than as afore-
said, or into any other Cask, Tub, Vessel, or Utensil, shall
forfeit Two hundred Pounds, and all the Soft Soap which shall
At the Time of ^^ ^^ cleansed shall be forfeited.

cleansing Soft XXXIX. And be it enacted. That at the Time specified in
Soap the Soap i]^^ Notice for cleansing any Soft Soap the Maker of such Soap
diS'LlT shall produce to the Officer of Excise all the Barrels, Half Bar-
BarreU, &c. rcls, Firkins, or Half Firkins, into which such Soap is to be
with the Weight cleansed, with the Weight or Tare of each such Barrel, Half
^k^' Barrel, Firkin, or Half Firkin truly and legibly marked in Ink

or

1840. Soap Duties. Cap.4<d 279

or Paint, or cut or branded thereon ; and the Officer of Excise
shall thereupon proceed to take an Account of such Barrels,
Half Barrels, Firkins, and Half Firkins, by weighing the whole,
or such of them as such OflScer shall select ; and every such
Barrel, Half Barrel, Firkin, or Half Firkin, which shall be pro-
duced to any Officer of Excise without the Weight or Tare
thereof being so I^ibly marked or cut or branded thereon, or
having the Weight or Tare untruly marked thereon, shall be
forfeited, and the Maker of Soap shall in respect thereof forfeit
Five Pounds ; and if any Maker of Soap shall, at any Time
after any Barrel, Half Barrel, Firkin, or Half Firkin shall have
been produced to any Officer of Excise, erase or alter the Weight
or Tare marked or cut or branded thereon, such Maker shall
forfeit Five Pounds, and also the Barrel, Half Barrel, Firkin,
or Half Firkin, the Tare on which shall have been altered,
together with all Soap contained therein.

XL. And be it enacted. That every Maker of Soap who shall Times iHthia
begin to cleanse or take any Soft Soap out of any Copper or ^'*^*'^u
Boiler shall and he is hereby required to cleanse and take the cleans^
whole of the Soap boiled or made in such Copper or Boiler
from and out of the same, and to cleanse and put the whole
thereof into the Barrels, Half Barrels, Firkins, or Half Firkins
prepared to receive the same, within the Times herein-after
mentioned, according to the Quantity cleansed or taken out;
(that is to say,) if the Copper or Boiler shall contain less than
Two thousand five hundred and sixty Pounds Weight of Soft
Soap, the whole of such Soap shall be cleansed and put into the
Barrels, Half Barrels, Firkins, or Half Firkins within One Hour
from beginning to take the same out of the Copper or Boiler,
if the Quantity shall be Two thousand five hundred and sixty
Pounds Weight and less than Five thousand one hundred and
twenty Pounds Weight, within Two Hours, if the Quantity shall be
Five thousand one hundred and twenty Pounds Weight or more,
within Three Hours ; and every Maker of Soap who, having
commenced to cleanse and take any Soft Soap out of any Cop-
per or Boiler, shall not take- the whole of such Soap out of such
Copper or Boiler^ and put the same into the Barrels, Half
Barrels, Firkins, or Half Firkins, within such Time as aforesaid,
shall forfeit Fifty Pounds.

XLI. And be it enacted. That within Three Days {Sunday Soft Soap to be
exclusive) after the Cleanse of any Soft Soap shall be com- ^eighed for Uie
pleted and finished, the OflScer of Excise shall weigh and take ^hargeofDuty.
an Account of all such Soft Soap ; and if upon such Weigh-
ing any Barrel, Half Barrel, Firkin, or Half Firkin of Soap
diall be found to exceed the Weight by this Act prescribed as
tbe Quantity which each Barrel, Half Barrel, Firkin, and Half
Firkin shall contain, it shall be lawful to take such additional
Weight from such Barrel, Half Barrel, Firkin, or Half Firkin,
^d to add the same to any Barrel, Half Barrel, Firkin, or
Half Rrkin which shall be found to weigh less than the Weight
herein-before prescribed, so that the Weight of each respeo*

tively

280 Cap. 49. Soap Duties. 3 & 4 Vict.

lively shall be the proper Weight herein-before dir^ted, at
which Weights all Soft Soap shall be charged with Duty ; aqd
if upon any Weighing any Quaqtity of Soft Soap shall reiqain
less than a Half Firlcin, the same shall not then be charged
with Duty, but shall be weighed ai^d taken account of by the
Officer of Excise, and shall be put by to be brqught forward
and filled up and ch^ged on the pext Cleanse and Weighing
Penalty on of Soft Soap ; and every Maker pf Spap who shall remove,
vii^ Wn ^^^^ deliver, or send away any Soft Soap before the saiqe shall have

been weighed and taken account of by the Officer of Excise
or in any other Cask, Vessel, or Utensil, or at any other Weight,
than as by this Act prescribed, shall forfeit Twp hvipdred
f'ounds, together with all such Soap.
Surveyor or XLIL And be it enacted, That it shall be lawful for uny

Supervisormy Surveyor or Supervisor or other superior Officer qf Excise, at
Sap^*a^ any ^"7 Time, if he shall see fit, to re-weigh any Soft Soap in the
Time. Possession of any Maker of Soap ; and if upon such Re-weigh-

ing any Bi^rrel, Half Barrel, Firkin, or Half Firkin of Soft
Soap shall be found to weigh more than the Weight herein-
before prescribed respectively, such Barrel, Half Barrel, Firkiii,
or Half Firkin, with the Soap therein, shall be forfeited, and
the Maker of Soap shall also in respect of thp same forfeit Five
Pounds.
Makers of Soft XLIH. And be it enacted. That every Maker of Soap shall
&Xs*anT*^**^* provide and keep just and sufficient Scales and Weights jn his
Weights, and Soap-house, and shall also permit and suifer £^ny Officer of
permit the Excise to use the same, and with his Workmen and Servants
Ewl^to use ^^^ ^*^ ^"^ assist, when required by any Officer of Exqise, ia
them, and shall Weighing any Barrels, Half Barrels, Firkins, and Half Firkinaf,
assist them. for ascertaining the tru^ Weight or Tare thereof, ^^id in weigh-
ing and re-weighing any Soft Soap which any Officer of flxcise
shall at any Time require to weigh or re-weigh, or in weighing
any Materials, to ascertain the Proportion thereof to be added
to the Copper ^fter a Cleanse pf Hard Soap, or in weighing
any Soap which any Officer of Excise shall, on Suspicion, and
in order to detect any Fraud, require to weigh ; and every such
Maker who shall refuse or neglect to keep such Scales or
Weights, or either of them, or who shall npt permit any Officer
of Excise to use, or shall refuse to aid and assist such Officer
when required so to do in using the same^ shall forfeit One
hundred Pounds ; and every Maker of Soap who shall, in the
weighing of any Barrel, Half Barrel, Firkin or Half Firkinj
or in the weighing or re-weighing of any Soft Soaps provide
or produce any false Scales or Weights, or who shall make use
ofi or procure or suffer to be made use of, any Force or Vio-
lence, or shall practise any Art, Device^ or Contrivance, by
which any Officer of Excise may be hindered or prev^iited or
deceived in taking the true Account of the Weight of any
Barrel, Half Barrel, Firkin, or Half Firkin, or of any SoJt
Soap therein, or in charging the true Amount of Duty on such
Soap, shall fprfeit Two hundred Pounds^ together with ail such

false

1840. SoapDutm. Cap. 49, ' 281

false Scales and Weights, and every such Barrel, Half barrel,
FirkiH) and Half Firkin, and all such Soap.

XLlV, 4^nd be it enacted, That every 0(pcer of Excise Office™ of
under whose Survey any Maker of Soap shall be, or ^ny other ExciMtomake
Officer who shall be appointed so to do> shall, ^i thp Expiration luturiwofthe
of every Six Weeks, or at such other Times as the Commis- Duty charged
sioners of Excise shall direct, iqake out and deliver to the ?J ^^ ^p
Cbnimissioners of Excise an Account o;* Return jn Writing of shall piaythe
the Quantity of Soap, and whether Hard Soap or ^oft Soap, Amount, or
made by such Maker, and for which he shall have become ^^* Double
cbarg^ble with Duty in such preceding Six Weeks or pther ^*
Period, and of the Duty payable thereon, according to the
Weight of such Soap, as ascertained in manner herein-before
directed, and shall also leave a Copy of such Account or Re*
turn with such Maker of Soap ; and the Account or Return of
such Officer shall be dt Charge on every such Maimer of Soap,
who shall pay and clear off the Duty appearing by such Ac-
count or Return to have been become due lyithin Six Days
after such Account qr Return ^hall be made^ pr in default
thereof shall forfeit Double the Amount of such Duty.

XLV. And be it enacted, That every Maker of Soap who Soap Maker
sl^all, after any So^ sbaH have been taken account of and ^^''j^i^^^'^''
charged with Duty, add to or mix with such Soap any pthe^ charged to
Soap, pr any Water or Lees, or any Substance or pther Matter forfeit loo/.
by which the Weight thereof may be increased, shall forfeit ^^ ^°*^'
One hundred Pounds, and all such Soap.

XLV|. And be it enacted. That every Make^ of Soap ^'ho Penalty on
ihall hide or conceal, or pause to be hidden or concealed, or concealing Soap

in ,. «,to evade the

shali remove or convey away, or deposit, or cause or suiter to ]>uty.
be removed, conveyed away from, pr deposited in any Places
any Soap, to evade the Duty chargeable thereon, or any Part
•f such Duty, shallr over and above every other Penalty to
which he m^y by so dqing become subject, forfeit Five hi^n-
dred Pounds, and all such Soap shall also be forfeited*

XL VII. And be it enacted. That when any Maker of Soap For allowing
shall be desirous of making any Experiment in the Manufacture ?!??^*™|!^ *°
of Soap, and shall make Application to the Commissioners of °***^^
Excise for Permission so to 4^, without bejng charged with
Duty on ^he Soap, in case of such Experiment not succeeding
it shall be lawful for the said Commissioners, if they shall see
fit, to grapt such Permission under such Kegulatioqs as they
may direct, and in such Case all the Soap which shall be so
made shall be cleansed into a Frame or Fr^ipes, Barrels, Half
Barrels, Firkins, or Half Firkins, (as the same may be Hard or
Soft Soap,) separate and apart from, and shall be kept separate
and apart from, all other Soap, and shall be duly taken account
of by the OflScers of Excise for the Charge of the, Duty thereon ;
and such Maker of Soap shall, within Eight Diays after such
Soap shall have been cleansed, elect whether he will retain such
Soap in ita then manufactured State, and pay the Duty charged
thereon, or whether he will return the same into the Copper or
Boiler to be re-manufactured; and in case fi^ch Maker shall

determine

282

Cap. 49.

So<q> Duties.

3 & 4 Vict.

For allowing
the Use of new
or improred
Coppers or
Frames,
although not
made in con-
formity with
the Act.

Soap Makers
not to work on
Sunday.

determine to re-manufactare such Soap he shall, within the
Time aforesaid, give a Notice in Writing of such his Intention
to the Officer of Excise, specifying in such Notice the particular
Copper or Boiler into which and the Day and Hour when such
Soap is to be returned, and the • Supervisor or Surveyor of
Excise shall l;hereupon attend and weigh all such Soap, and see
the same returned into the Copper or Boiler specified in the
Notice, and shall certify the same to the Commissioners of
Excise, and thereupon the said Commissioners may remit the
Duty charged on such Soap.

XLVIII. And be it enacted. That it shall be lawful for the
Commissioners of Excise, if they shall see fit, upon the Applica-
tion of any Maker of Soap, to allow and permit, under such
Conditions, Rules, and Regulations as they shall prescribe, any
new or improved Copper or Boiler, or other Vessel, or any
Frame or other Utensil to be made use of in the boiling or
making or cleansing of Soap, although such Copper or Boiler,
or other Vessel or Frame^ or Utensil, may not be in Construc-
tion or otherwise in conformity with the Enactments of this
Act : Provided always, that every such Copper, Boiler, or other
Vessel or Frame, or Utensil, in respect of which such Permission
shall be granted, shall be duly entered with the Officers of
Excise, and a Description thereof eiven; and all Fastenings
which may be required to be affixed thereto shall be deemed and
taken to be Fastenings provided under this Act ; and if any
Maker of Soap to whom any such Permission shall be granted
shall neglect or refuse to obey, or shall not observe any of the
Conditions, Rules, or Regulations under which such Permission
shall be granted, such Maker shall forfeit Two hundred Pounds,
and the Permission so granted shall, if the Commissioners of
Excise shall see fit, be withdrawn, and from theticeforth the
Copper, Boiler, Vessel, or Frame, or other Utensil in respect of
which the same was granted, shall be deemed to be unentered,
and shall be liable to Seizure and Forfeiture accordingly.

XLIX. And be it enacted. That every Officer of Excise
under whose Survey any Maker of Soap shall be shall and he is
hereby required to cause every Copper or Boiler in the Soap-
house of such Maker, and every Half-boil Tub and other
Vessel to which Fastenings are by t his Act directed to be affixed,
which shall contain any Goods, to be locked, secured, and
fastened at or before the Hour of Eleven of the Clock on every
Saturday Night, and shall not open the same from thence until
the Hour of Four of the Clock on the Monday Morning
following (save and except as to any Copper or Boiler in respect
of which the Maker of Soap shall, at or before the Hour of
Eight of the Clock on the Saturday Morning, give Notice in
Writing to the proper Officer of Excise that he requires such
Copper or Boiler to be left open, for the Purpose of the boiling
of the same being continued) ; and if any Copper or Boiler,
Half-boil Tub, or Vessel, hereby required to be locked and
secured, shall be opened, unlocked, or unfastened, (except when
the same is under repair, or on such Notice having been given

as

1840. Soap Duties. Cap. 49. 283

as to any Copper or Boiler,) or if any Materials for making
Soap or any Lees or Ley shall be put in or taken out of any
Copper or Boiler, or any Soap shall be cleansed or cut up, in
the Soap-house of any Maker of Soap, between the said Hours
of Eleven of the Clock on Saturday Night and Four of the Clock
on the Monday Morning following, such Maker shall, over and
above all other Penalties to which he may thereby become
liable, forfeit One hundred Pounds ; and every Notice given by
any Maker of Soap for doing any Act, Matter, or Thing
between the said Hours shall be null and void.

L And be it enacted, That in every Case where any Officer 0£Been of
of Excise shall suspect any Pipe or private Conveyance to be Excise may
made use of by any Maker of Soap it shall be lawful for such G^^undto
Officer, in the Presence of a Constable or Peace Officer on search for pri-
Rcqoest made and Cause declared, to break up the Ground in ^*® ^^P®* ■"**
any Soap-house, or near adjoining thereto, or any Wall, Parti- ^^^®y*^**^
UoD, or other Place, to search for such Pipe or private Convey-
ance^ and on finding the same to break up the Ground, House,
Wal^ Partition, or Place through which such Pipe may lead,
and to break up or cut such Pipe or Conveyance, and seize the
same; and if no such Pipe or Conve3rance shall be found, such
Officer shall restore and make good the Ground, Wall, House,
or Place so broken up^ or make reasonable Satisfaction to the
Owner of such Ground, House, Wall, or Partition ; and every
Person who shall obstruct or hinder any Officer of Excise in
80 searching for, following, or cutting, breaking up, or seizins
any such Pipe or private Conv^ance shall forfeit Two hundred
Poonds.

LI. And be it enacted, That every Person who shall make Who to be
or manu&cture any Soap, or who shall melt any Soap^ adding ^[!^^ ^P
thereto any Tallow, Grease, Oil, or Rosin, or any Alkali or ^"'"^
Alkaline Lees or Ley, or any Water or other Matter whatsoever,
shall be deemed and taken to be a Maker of Soap, and shall be
subject as such to the Enactments, Provisions, and Regulations,
Pines, Penalties, and Forfeitures of this Act : Provided always,
that nothing herein contained shall extend to include or aifect
sny Perfumer carrying on the Trade or Business of selling
Perfumery, and preparmg and converting Duty-paid Soap into
the Soaps now known and sold as Perfumed or Fancy Soaps, so
as such Perfumer shall not make use of any Copper or Coppers
not exceeding Three, and not of a larger Size than to contain
Five hundred Weight of Soap in the whole, except as to any
Copper or Coppers erected and in use before the passing of this
A^ and which may be allowed by the Commissioners of Excise
to be continued in use until any Alteration thereof shall be
made, and shall not in preparing the Soap use therewith any
greater Portion of Water than shall be necessary to dissolve the
tame, and shall not add thereto any Grease, Oil, or Ley or Lees,
or any other Matter, save and except the essential Oils and
^oal Ingredients for perfuming, scenting, and colouring Per-
fumed or Fancy Soap.

[No. 19. Price 2i] T LIL And

S64

Perfumer to
make Entry
with the Excise.

Cap. 49.

Soap Duties:

3 & 4 Vict

Hakers of Can-
dles and Melters
of Tallow to
make Entry of
their Premises,
&c. and not to
have Alkaline
Lees in their
Possession.

Lees fit for
making Soap
shall not be
manufactured
for Sale.

LII. And be it enacted, That every Perfumer who shall pre-
pare, perfume, or scent any perfumed or scented Soaps shall
make Entry in Writing of every Workhouse, Room, or Place,
and of every Copper, Boiler, or Pan, made use of for keeping
and for melting, scenting, or perfuming Soap, by delivering
such Entry to the Officer of Excise within whose Survey his
Premises shall be situated ; and it shall be lawful for any Offi-
cer of Excise at all Times between the Hours of Six of the
Clock in the Morning and Seven of the Gock in the Evening
to enter into any Workhouse, Room, or Place entered or made
use of by any such Perfumer, and to survey and examine the
same, and all Soap, Materials, and other Things therein, and
also to take and carry away any Sample or Samples of Soap,
papng for the same, when taken, at the Rate of Sixpence per
Pound ; and every Perfumer who shall make use of any Work-
house, Room, or Place, Copper, Boiler, or Pan, for the Purpose
aforesaid, without having made such Entry as aforesaid, shall
forfeit One hundred Pounds, and all Soap found therein*

LIII. And be it enacted. That every Maker of Candles from
Tallow or Grease, and every Melter of Tallow, Fat, Kitchen-
stuf]^ or other Grease, not being entered and licensed Makers
of Soap, shall make Entry in Writing of every House, Work-
house, Room, and Place, and of every Copper, Boiler, or Pan
made use of by such Maker or Melter respectively, for the
keeping, melting, or rendering of any Tallow, Fat, Kitchen-
stuff, or other Grease, by delivering such Entry to the Officer
of Excise within whose Survey his Premises shall be situated ;
and it shall be lawful for any Officer of Excise to enter into
every House, Workhouse^ Room, and Place entered and made
use of by any sjich Maker of Candles or Melter, for the melting,
rendering, or keeping of Tallow, Fat, Kitchen-stuff, or other
Grease, and to inspect and survey and examine all Tallow, Fat,
Kitchen-stuff, and other Grease^ melting or rendering, or melted
or rendered, in the Possession of any such Maker or Melter,
and to take any Sample thereof or of any Part thereoi^ not
exceeding One Pound for each Sample^ Paying &>!* the same
when taken at the Rate of Two-pence per Pound ; and every
Maker of Candles, or Melter of Tallow, Fat, Kitchen-stuff, or
other Grease, not being an entered and licensed Maker of Soap,
who shall make use of any House, Workhouse^ Room, or Place,
Copper, Boiler, or Pan, for melting or rendering of any Tallow,
Fat, Kitchen-stuff, or other Grease, without having made such
Entry as aforesaid, or who shall Jbave in his Possession any
Alkaline Lees or Ley, shall forfeit One hundred Pounds, and all
such Lees and Ley found in the Possession of any such Maker
or Melter, and all Tallow^ Fat, Kitchen-stuff, or other Grease
found in any unentered House, Workhouse^ Room, or Place,
shall be forfeited.

LIV. And be it enacted, That no Person shall make or
manufacture for Sale or sell any Lees, Ley or Lye, fit or proper
for the making or manufacture of Soap, on pain of forfeiting

Fifty

1840. Soap Duties. Cap«49. 386

Fifty PoundS) together with all such Lees, Ley or Lye, and
Materials for malang the same, found in his Custody or Pos-
session.

LV« And be it enacted, That the Proprietor or Consignee of Bntry to be
any Soap removed from Ireland into Great Britain shall, on the offi* ^^^'^
Arrival of the Ship or Vessel at the Port or Place into which Excise of all
the same shall be brought, make due Entry with the Collector So^p brought
or other Officer of Excise appointed to receive the same at such ^^JjJ^^
Port or Place of all the Soap belonging or consigned to him on Britain, and
board of such Ship or Vessel, setting forth the Name of the the Duty paid
Vessel, the Number and Description of Casks, Chests, Boxes, *^«^°-
or Packages, in which such Soap shall be contained, and the
Kind of Soap, and the Weight thereof, with the Amount of
Duty payable thereon; and such Collector or other Officer
shall thereupon examine and weigh, or cause to be examined
and weighed, all such Soap, and shall charge the full Amount
of Duty thereon, which Amount shall be forthwith paid by the
Proprietor or Consignee of such Soap ; and if within Twenty-
four Hours after the Arrival of any Ship or Vessel in any Port
or Place of Great Britain, unless a Sunday, or a Day kept as
an Excise Holiday, shall intervene, due Entry of any Soap on
board thereof brought from Ireland shall not be made, or if any
such Soap shall be removed from the Quay, Wharf, or Place
where landed before the full Duties thereon shall be fully paid,
all such Soap shall be forfeited, and may be seized by any Offi-
cer of Excise or Customs ; and every Person who shall remove
or cause to be removed, or shall aid or assist or be concerned
in removing, any such Soap, before the full Duties thereon shall
be duly paid, shall forfeit Two hundred Pounds.

LVI. And be it enacted. That no Soap shall be removed or Soap not to be
brought from Ireland into Grec^ Britain otherwise than in a brought from
Oask, Chest, Box, or other Package containing not less than packaga of
Two hundred and twenty-four Pounds Weight Avoirdupois of less Size than
Hard Soap, or in Barrels, Half Barrels, Firkins, or Half Fir- 224ibs.
kirn of Soft Soap, and on which shall be plainly and legibly cut,
marked, or branded, in large Letters, the Word ^< Soap f and
all Soap which shall be found on board any Ship or Vessel, not
being Soap for the Use of the Crew of such Snip or Vessel in
the Proportion not exceeding One Pound for each Seaman, or
shall be found on shore removing or removed from Ireland into
Great Britain in any less Quantity or otherwise than as afore-
said, or not so marked as aforesaid, shall be forfeited, and may
be seized by any Officer of Excise or Customs ; and every Per-
son who shall remove or cause to be removed, or aid or assist
or be concerned in removing, any such Soap> shall forfeit Two
hundred Pounds.

LVII. And be it enacted, Tliat every Person intending to Penons intend-
remove to Ireland or to export any Soap as Merchandize, as to ingtosbtp So^
ship any Soap or Stores, .and obtain the Drawback thereon, ^ ^»*pS!*.
shall give Twelve Hours Notice of his Intention to pack the bg Notlee.
same ior such Removal, Exportation, or Shipment to the Officer
of Excise who shall be appointed by tbe Commissioners of Excise

T 2 for

286

.Oip,49.

Sotg) Duties.

3 & 4 Vict-

Prooeedngi
thereupon.

Fenahjibr
plaeiiigaiij
heavy Substance
vith Soap
packed for
Exportation, or
any other Soap
than that pro-
duced to the
Officer, or for
uiingany Art
^to deceive the
Officer, 200/.

Penalty for
opening Pack-
age after being
packed, or
danuurinff
Fasteningi^ &ۥ

for that Purpose, specifying in such Notice the Time vhen (such
Time to be only between the Hours of Six of the Clock in tne
Morning and Five of the Clock in the Afternoon) and Place
where such Soap is intended to be packed, and the Kind or
Description of Soap, whether Hard or Soft Soap ; and such
Notice having been given, an Officer of Excise shall attend at
the Time and Place specified, and all the Hard Soap intended
to be so removed or exported, or shipped, shall be produced to
him, and shall be weighed and packed in his Presence, and all
Soft Soap intended to be so removed or exported, or shipped,
shall be produced to the Officer in the original Barrels, Half
Barrels, Firkins, or Half Firkins, with the Tare marked thereon,
in which the same was taken account of and charged with Duty,
and shall be weighed and examined by such Officer, who may,
if he shall think fit, cause any One or more of such Barrels,
Half Barrels, Firkins, or Half Firkins to be emptied out for the
better Examination diereof ; and all Packages containing any
Kind of Soap, Hard or Soft, shall be secured with such Fasten-
ings, and sealed with such Seals or Marks by such Officer in
such Manner as the Commissioners of Excise shall direct; and
every such Officer shall take an Account of the Kind and
Quantities of all such Soap as shall be produced to him and
weighed and packed in his Presence, and shall make a Return
thereof to the Export Officer of Excise, or Officer acting as
Export Officer at the Port of Shipment; and in weighing any
Soap for such Removal, Exportation, or Shipment, the same
shall be weighed to the nearest Quarter of a Pound on each
Draught, any Fractions below a Quarter of a Pound being
disregarded : Provided always, that if the Person giving such
Packing Notice shall not begin and proceed to pack up all such
Soap at the Time mentioned therein, or within Half an Hour
after the Attendance of the Officer in pursuance thereof, such
Notice shall be null and void, and a like Notice shall be subse-
quently delivered before the same or any Part thereof shall be
packed.

LVUL And be it enacted, That if any Person shall fraudu-
lently put or place any heavy Substance or Matter other than
Soap in any Package containing any Kind of Soap packing or
packed, or taken account of for Removal to Ireland^ or Expor-
tation or Shipment as Stores, or shall pack in any Package any
other Soap, or any Substance or Article other than the Soap
produced to the Officer as that to be removed, exported, or
shipped, or shall by any Art, Device, or Contrivance prevent,
hinder, or deceive any Officer of Excise from or in taking a true
Account of the Kind and Weight of the Soap produced, such
Person shall forfeit Two hundred Pounds, and every such Pack-
age, with the Contents thereof, shall be forfeited.

LIX. And be it enacted, That every Person who, not being
an Officer of Excise or Customs, shall open any Package con-
taining any Soap which shall have been packed for Removal to
Ireland^ or Exportation, or to be shipped as Stores, or shall wil-
fully destrpy or deface any Seal of the Officer placed thereon^ or

damage

1840. Soap Duties. Cap. 49. 287

damage any of the Fastenings thereof, and every Person who
shall wilfully cut out, erase, obliterate, altera or damage any
Figure, Letter, or Mark cut, written, painted, branded, or made
on any such Package, or the Number thereof, shall forfeit Two
hundred Pounds, and every such Package, with the Contents
thereof, shall be forfeited, and may be seized by any Officer of •
Excise or Customs: Provided always, that it may be lawful to open
the Packages of Soap shipped as Stores after the Ship or Vessel
shall have sailed on her Voyage.

LX. Provided always, and be it enacted, That if any Maker Any Maker of
of Soap by whom any Soap shall have been packed for Removal ^^ SL beeiT
to Irdand or for Exportation shall, before giving Notice for the packed for
shipping thereof, require to change the Destination thereof and in Exportation ^
consequence to alter the Direction or any of the Marks thereof, ^^^^?^
or not having exported such Soap shall require to use the same Directions or
for Home Consumption, it shall be lawful for such Maker to Marks on a
give Notice thereof to the Officer of Excise who shall have ^JJJSS, w^y
packed such Soap^ or to any other Officer of Excise authorized ha^e the Soap
to pack Soap on his Premises, of such Change of Destination unpacked for
or Desire to have the Cask, Chest, Box, or Packi^e containing ^J^^**"
such Soap opened for Home Consumption ; and the Officer of
Excise to whom such Notice shall be given shall attend at the Pre-
mises of such Maker, and shall there see the Directions and
Marks on the Cask, Box, Chest, or Package altered as required,
and shall also weigh such Cask, Box, Chest, or Package, or in
case of taking out for Home Consumption shall wholly remove
the Seals and Fastenings from such Cask, Box, Chest, or Pack-
age, and open the same ; and in every such Case such Officer
shall transmit to the Ibcport Officer of Excise of the Port a
Certificate of such Alteration of the Direction or Marks, and
also the Weight of the Soap as last ascertained, on which Weight
obIj, if less than that found on packing the Soap, the Drawback
shall be allowed, or of such Cask, Box, Chest, or Package having
been opened for Home Consumption.

LXL And be it enacted. That every Person intending to Shipping
remove to Ireland^ or to export as Merchandize or ship as Stores, Notice to be
any Soap on Drawback shall by himself or his Agent give to the ^^^'
Export Officer of Excise, or*Officer acting as such at die Port of
Shipment, a Notice in Writing of his Intention to ship such Soap
Six Hours at least before such Shipment shall be made, in which
Notice shall be specified the Number of Packages to be shipped,
with the respective Marks or Numbers thereon, and the Quan-
tity and Description of Soap in each Package, together with
the Rate and Amount of th& Duty paid and of the Drawback
claimed, and the Value for Home Consumption of the whole
of the Soap to be shipped, distinguishing the Quantities and
Kinds of Soap, whether if Hard Soap or Soft Soap ; and, such
Notice shall also specify the Quay or Place where the Packages
are then lyings and from which the same are to be shipped,
and the Time of Shipment, with the Name of the Ship and
the Master thereof, and the Place or Port to which such Soap
is to be removed or exported, or that the same is to be shipped

T 8 . as

see C8p«49. Sotgf Dutiei. 3&4VicT.

as Stores ; and the Person so intending to remove, export, or
ship such Soap shall also, by himself or his Agent, make a
Declaration before the Export Officer of Excise, or Officer act-
ing as such as aforesaid, under the Provisions of an Act passed
in the Fifth and Sixth Years of His late Majesty's Reign, inti-

5&6 W.4. C.6S* tuled An Act to repeal an Act of tlie present Session ofParUament,

intituled ^ An Act for the more effectual Abolition of Oaths and
^ Affirmations taken and made in various Departments of the StatCy
' and to substitute Declarations in lieu thereof and for the mare
< entire Suppression of voluntary and eztrafjudicial Oaths and
^ j^ffidavits ;' and to make other Provisions for the Abolition of
unnecessary OathSf that such Packages, and the Soap contained
therein, are and is the same described and set forth in the
Account or Certificate of the Packing Officer, and that to the
best of his Knowledge and Belief the full Duties of Excise have
been charged on such Soap, and shall also give Bond, with
One or more sufficient Surety or Sureties, to be approved of
by the Officer appointed by the Commissioners of Excise to
take such Bond, in Treble the Value of the Drawback, con-
ditioned that such Packages, with the Soap therein, shall with
all convenient Speed be shipped and removed or exported, or
shall be used only as Stores for the Use of the Vessel, (as the
Case may be,) and shall not be unpacked in any Port or Har-
bour of Great Britain^ nor unloaded, unshipped^ or relanded,
or put on board any other Ship or Vessel in any Part of Great
Britain (Shipwreck or other unavoidable Accident excepted) ;
and such Notice having been given and such Declaration made
as aforesaid, and such Security having been entered into, the
Officer of Excise receiving the same shall write his Name upon
the said Shipping Notice, as a Certificate of the Requisites
aforesaid having been complied with, and shall forward and
transmit the said Notice, with his Name thereon^ to the proper
Officer of Customs at the Port whose Duty it may be to attend
the shipping of such Goods.

The Soap 0 LXII, And be it enacted, That all the said Packages, with

Md 8hf"*i^m *^® ^^P ^^®^^^'*> *^^» *^ ^^® Time specified in the Notice for

the Presence of shipping the Same, be produced to ihe proper Officer of Cus-

an Officer of toms, who shall inspect and examine the same, and being satis-

Customs. ggj ^^|. ^y ^Q ^j^g Packages specified in the Shipping

Notice, shall see them shipped in his Presence, and certify
such Shipment on the Shipping Notice, and return the same
to the Export Officer of Excise, or Officer acting as such ; and
such Export Officer having received back the said Notice, with
the Certificate thereon, shall deliver to the Exporter or his
Agent a Debenture, in such Form and with such Particulars
as the Commissioners of Excise shall direct, for the Payment
of the Amount of Drawback at the Expiration of One Month
from the Time of the sailing of the Ship or Vessel on her
Voyage^ or at such other Time as the Commissioners of Excise
sb&ll direct
lading Cer- LXIII. And be it enacted, That no Debenture shall be made
p^wd ^ out for Drawbapk on any Soap removed to Ireland^ or exported

]840. Socgp Duties. Cap. 49. 289

to the Islands of Guernsey or Jersey^ until a Certificate shall be Soap sent to
produced under the Hand of the Collector or Comptroller of inland, Guem-
the Customs of the Port in Ireland, or the Chief Officer of the *^' °'' "^*
Customs of Chiemsey or Jersey^ certifying that such Soap has
been duly landed there*

LXIV. And be it enactedi That in every Case where any Packages of
Notice for shipping Soap on Drawback shall be given it shall ^p ^°! ^^^
be lawfiil for the Officer of Customs to whom the Packages Drawback has
containing such Soap shall be produced for Shipmenti and been giyen may
for any other Officer of Customs or of Excise, to open all or ^ e™^ned by
any of the Packages mentioned in such Notice, and unpack Excise i^ ^
and examine the Contents; and if the same are found correct Customs, and
such Officer shall, at his own Expence^ to be allowed him by jf found fraudu-
the Commissioners of Customs or Excise (as the Case may be), from^No^to
cauae the same to be carefully repacked, and the respective be forfeited
Pacicages again secured and sealed ; but if on such Examin- ^^*^ Penalty,
atioa any Packages, or the Contents thereof, shall be found to
Tary in any Particular from the Description contained in the
Shipping Notice, so that a higher or greater Sum than of
right payable shall have been claimed, or would, in case such
S&aoovery had not been made, have, on the Removal, Export-
ation, or Shipment of such Soap, been deemed payable as Draw-
back, or Her Majesty in any respect defrauded therein, such .
Packages and the Contents thereof shall be forfeited, and may
be seized by any Officer of Customs or Excise ; and the Person
lemoving, exporting, or shipping the same shall forfeit Treble
the Value of the Drawback sought to be obtained, or Two
hundred Pounds, at the Election of the Commissioners of
Excise,

LXV. Provided always, and be it enacted, That all Soap to Soap shipped as
be shipped as Stores on Drawback shall be subject to all the ^^^^"^
Regulations, Provisions, and Enactments, Fines, Penalties, and
Forfeitures, contained in any Act or Acts relating to the Cus-
toms in respect of Goods and Commodities shipped as Stores,
or Duty-free.

LXVL And be it enacted, That no Drawback shall be No Drawback
allowed or payable for or in respect of any Hard Soap, unless ^^^2,^"^*"
the same shall be packed in Bars, or Parts of Bars, or in Cakes Duty;
perfumed or scented, nor on any Soap, unless the same shall
be worth at the least the Duties of Excise for Home Con-
sumption.

LXVII. And be it enacted. That no Drawback shall be nor if exceeding
allowed or payable on any Hard Soap which shall be of a Gra^on-22.
greater specific Gravity than 1*22.

LXVUL And be it enacted. That every Person who shall J^^^J **°
produce to any Officer of Excise or Customs to be packed or p^"^„g"7
taken account of, pr shipped for Removal to Ireland, or Export- shipping or
ation, or to be shipped as Stores on Drawback, or who shall eonceaiingor
pack or ship on Drawback any Soap not entitled to Drawback, ^^^n^t^^
or any other Soap, or other Articles, Matters, or Goods, other Drawback,
than the Soap specified and described in the Notice for pack-
^ the same, or produced to the Officer to be packed, or who

T 4 shall

290 Cap. 49. Soap Duties. 3 & 4 Vict.

shall fraudulently remove, deposit, or conceal any Soap with
Intent unduly to obtain any Drawback, or any greater Draw-
back than he would otherwise be entitled to, shall, over and
above all other Penalties which he may thereby incur, forfeit
Treble the Amount of the Drawback sought to be obtained,
or Two hundred Pounds, at the Election of the Commissioners
of Excise, and all such Soap, or other Articles, Matters, or
Goods, shall be forfeited, and may be seized by any Officer of
Excise or Customs.
Repeal of Acts. LXIX. And be it enacted. That from and after the Com-
mencement of this Act the several Acts following, so far as the
same relate to Duties and Drawbacks of Excise on Soap^ or
contain any Regulations for collecting, managing, or securing,
or paying the Duties and Drawbacks on Soap, but no further,
shall be and the same are hereby repealed; (that is to say,) an
Act passed in the Tenth Year of the Reign of Her Majesty
10 Anne, c. 19.) Queen Anne^ intituled An Act for hying several Duties upon, cUl

Sape and Paper made in Great Britain or imported into the same,
and upon chequered and striped Linens imported^ and upon certain
Silks^ Calicoes^ Linens, and Stuffs printed, painted, or stained, and
upon several Kinds of stampt Vellum, Parchment, and Paper, and
iq)on certain printed Papers, Pamphlets, and Advertisements ; for
raising the Sum ofEigMeen hundred thousand Pounds by way of
Lottery towards Her Mcgestt/s Supply ; caid for licensing an addi--
tional Number of Hackney Chairs; and for dutrging certain Stocks
of Cards and Dice ; and for better securing Her Ma^eetjfs Duties
to arise in the Office ofihe Stamp Duties by Licences for Marriages
and otherwise ; and for Relief of Persons who have not claimed their
Lottery Tickets in due Time, or have lost Exchequer BUls or L^at^
tery Tickets ; and for borrowing Money upon -Stock, Part of the
Capital of the South Sea Company, for the Use of the PMick;
an Act passed in the Twelfth Year of the Reign of Her Majesty
12 Anne, Queen Anne, intituled An Act for laying additional Duties an

"»'-2- c-s- Sope and Paper, and upon certain Linens, SUks, Callicoes, and

Stuffs, and upon Starch, and exported Coals, and upon stampt
Vellum, Parchment, and Paper; for raising One million four Atm-
dred thousand Pounds by way of Lottery for Her Mogestjfs Supply ;
afid for Allowances on exporting made Wares of Leatlier, Sheep
Skins and Lamb Skins; and for Distribution of Four thousand
Pounds due to the Officers and Seamen for Gun Money ; and to
adjust the Property of Tickets in former Lotteries ; and touching
certain Shares of Stock in the Capital of the South Sea Congxxny,
and for appropriating the Monies granted to Her Mcgesty ; an Act
passed in the First Year of the Reign of His Majesty King
1 G. 1. fttats. George the First, intituled ^n Act for charging and continuing
c. 36.. the Duties on Malt^ Mum, Cyder, and Perry for the Service of the

Year One thousand seven hundred and sixteen; and for compdUng
several Receivers to finish and clear their Accounts ; and for making
Duplicates of Exchequer Bills, Lottery Tickets, and Orders lost,
burnt, or destroyed, and for enlarging the Time for adjusting CUdme
to certain Benejfit Tickets; and for allowing the Charge of executing
the Lottery Act for the Service of the Year One thousand seven

hundred

1840. Soap Duties. Cap. 49. 291

hmdred and ten^ and fir recovering Monies of several land Taxes
raiting in Ae Hands of Collectors or Constables at Saint Alban's;
(ad fir preventing Frauds in the Duties upon Sope ; and for limit'-
vug a Time for Persons who have certain Annuities for Lifi or
Lives to demand the Payments hereupon at Ae Exchequer ; and for
preventing Frauds in the Duties relating to printed and painted
Pcpert Calicoes, and other Things therein mentioned ; an Act passed
in the Eleventh Year of the Reign of His said Majesty King
Gtorge the First, intituled An Act for mare effectual preventing ii G. l. e. 30.
Frauds and Abuses in the Publich Revenues ; for preventing Frauds
tR the Sak Duties, and for giving Belief for Salt used in the Curing
(f Salmon and Cod Fish, in the Year One thousand seven hundred
ad nineteen, exported from that Part of Great Britain called Scot-
land ; for enabling die Insurance Companies to plead the General
bme in Actions brought against them, and fir securing the Stamp
Duties tqmn Policies of Insurance ; an Act passed in the Fifth
Year of the Reign ot His Majesty King George the Third, in-
tituled An Act fir the better securing and further Improvement of sG. s. e.4S.
&e Revenues of Customs, Excise, Inland <md Salt Duties, and fir
encouraging the Linen Manufacture of the Isle of Man, and for
allowing tiie Importation of several Goods, the Produce, and Manu^
faeture of the said Island, under certain Restrictions and Regulations ;
an Act passed in the Twelfth Year of the Reign of His said
Majesty King George the Third, intituled An Act for the more is G. s. o.46.
^foctual preventing of Frauds in the Revenues of Excise, with respect
to Tea, Soap, Low Wines, and Spirits; an Act passed in the
Fourteenth Year of the Reign of His said Majes^ King George
the Third, intituled An Act to extend so much of an Act passed in 14 G. s. c 7s.
&e TwelfUi Year of the Reign of His present megestg as relates to
Distillers or Makers of Low Wines and Spirits from Com to every
Kind of Distiller, and for the more effectual securing the Revenue
cf Excise arising from Low Wines and Spirits; and for ascertainxng
Ae Allowance to be made to the Manufacturers of Wool and Linen
m respect of the Duties on Soap imported and used in the Woollen
and Linen Manufactures ; an Act passed in the Seventeenth
Year of the Reign of His said Majesty King George the Third,
intituled An Act for better securing the Duties on Sope, and the 17 q. 3. «. S2,
Duties on Rum of the Sugar Plantations put into Warehouses, and
far allowing a Drawback of the Duties on Rum shipped as Stores
to be consumed on board Merchant Ships on their Voyages, for a
limited Time ; an Act passed in the Twenty-fourth Year of the
Reign of His said Majesty George the Third, intituled An Act S4 G. 3. seas. 2.
for better securing the Duties on Starch and Sope ; an Act passed ^' ^^*
in the Twenty-sixth Year of the Reign of His said Majesty George
the Third, intituled An Act to limit a Time for the Repayment of 26 G. 3. c. 77.
Atf Duties on Male Servants and Carriages by the Commissioners of
Excise, and also on Horses, Waggons, Wains, and Carts by the Com,"
ndssumers of Stamps, and for the Amendment of several Laws re-
lotinff to the Duties under the Management of the Commissioners ofBx^
^; an Act passed in the Twenty-seventh Year of the Reign of
His said Majesty King George the Third, intituled An Act for S7 G. 3. e.si.
"<ai»y ABowances to the Dealers in Foreign Wines for ihe^oelkof

certain

999 C8p.49« Slotff Duties. 8 & 4. Vict.

eertain Foftigm Wines in their Possession at a certain Time^ upon
which the Duties on Importation have been paid^ and for amending
several Laws relative to the Revenue of Excises an Aot passed in
the Twenty-eighth Year of the Rdgn of His said Majesty King

28G.3. cS7. George, the Third, intituled ^n Ad for repeoKng tlis Duties on

Buck or Deer Shins^ undressed Budt or Deer Shins, Indian half'
dressed and Elk Skins undressed impartedi and an Hides and Shins
dressed in Oil in this Kingdom, and for granting other Duties in
lieu thereof: fop laying ^ Duty on Stuffs painted, stained, or dyed in
Great Britain, allowing Deer and other Skins, the Produce of
Florida, to be sold by Auction foee fivm the Duty charged on such
Sales ; forr amending sev^al Laws relative to the Bevenue of Excise,
and to prevent the Sale of Sweats forr Consianption in the Houses of
BetaUers thereof who shall not have Licences to sell Beer or Ale ;
an Act passed in the Thirty- second Year of the Reign of His

32 G. 3. C.2]. said Majesty King George the Third, intituled An Act for the

more ^ectual Prevention of Frauds in the Bevenue of Excise with
respect to the manufacturing of Soap ; an Act passed in the Forty-
seventh Year of the Reign of His said Majesty King George

47 G. 3. sess. 2. the Third, intituled An Act to amend several Laws of Excise in

c. 30. Great Britiun relating to the Duties on Salt^ Sope, Papery Coffee,

Cocoa Nuts, Spirits, and Glass, andfiir restoring Seizures in certain
Cases i an Acf passed in the Fifty-ninth Year of the Reign of

59 G. 3. c. 90. His said Majesty King George the Third, intituled An Act for

the Prevention of Frauds in the Duties on Soap ; for preserving the
Books or Papers called Specimens left by the Officers of Excise an
&e Premises^ Traders, andfbr requiring more speedy Payment of
the Excise Duties on Printed Calicoes; an Act passed in the
Third Year of the Reign of His late Majesty King WiUiam the

3&4W.4. C.16. Fourth, intituled ^it Jfc^ to repeal the Duties^ Allowances, and

(except s. 9.) Drawbacks of Excise on Soap, and to grant other Duties, Alhw*

ances, and Drawbacks in lieu thereof, except so much of the said
Act as grants and allows the Allowances on Soap used, em-
ployedi or consumed in Manufactures, and as enacts that no
spch Allowances shall be claimed by, or be paid or payable to
any 3^rvant or Workman, or Person other than the Owner, or
One of the Part Owners, or the Foreman of the Manufactory
or business in which the Soap in respect of which such Allow-
ance shall be claimed shall have been used or consumed ; -an
Act passed in the Third Year of the Refgn of Her present

2&3 Vict.c.6s. Majesty, intituled An Act to remove Doubts as to the charging the

Duty of Excise on Hard Soap until the Eleventh Day o/* October
. One thousand eight hundred and forty.

Recovery of LXX. Provided always^ and be it enacted, That all Duties

DuUeTand ^^ ^*P ^^^8^ *"*^ Arrears of Duties incurred before the
Penalties. Commencement of this Act, under the said recited Acts hereby

repealed, or any pf them, and any Drawbacks or Allowances
due or owing or payable, and all Penalties, Fines, and For-
feitures incurred under the said recited Acts, or any of them,
before the Commencement of this Act, may be recovered, de«
manded,. and paid, sued for, enforced, and recovered and con-
demned as if Vfyd said Acts were not repealed*

LXXI. Pro.

1640. Soap Dutiu.— Comb Police. Cap, 49^ 60. 393

LXXL Provided always, and be it enacted^ That nothing in This Act Dot to
this Act C(Hitained shall repeal or affect, or be deemed or con- J^^^®<^^'
strued to repeal or affeoti the Allowances of the Duties of Excise Duty on Soap
by the said Act passed in the Third Year of the Reign of His used in Manu-
said late Majesty King William the Fourth, to repeal the Duties, ^"^^^
Allowances, and Drawbacks of Excise on Soap, and to gr^nt
other Duties, Allowances, and Drawbacks in lieu thereof,
granted and allowed until the End of the Session of Parliament
next after the Thirtyi-first Day of May One thousand eight
hundred and thirty*five, on all Soap used, employed, and con-
sumed in Great Britain in the making of any Cloths, Serges,
Kerseys, B^ize, Stockings, or other Manu&otqre of Sheep or
Lambs Wool only, or Manufactures whereof the greatest Part
of the Value of die Materials shall be Wool, or in the finishing
of the said Manufactures, or preparing the Wool for the same,
or in whitening of new Linen in the Piece for Sale, or in
preparing and finishing any Manufactures from Flax or Cotton
for Sale, or in the Process of throwing, printing, or dying of
Silks, and further continued by an Act passed in the Fifth and
Sixth Years of His said late Majesty's Reign, and further con-
tinued, except the Allowance for whitening of new Linen in the
Piece for Sale, by an Act passed in the Second and Third
Years of the Beign of Her present Majesty, until the End of
the Session of Parliament next after the Thirty-first Day of
Hay Ope thousand eight hundred and forty-one, or the Regu-
lations and Provisions for claiming and paying the said Allow-
ances, but the same shall continue in th^ same Manner as if
this Act had not been passed.

LXXII. And be it enacted, That the additional Duty or The additional
Charge of Five Pounds par Centum upon the Produce and ^^ f^'^
Amount of the several Duties and Revenues of Excise imposed, under
and the additional Drawbacks and Allowances granted by an s&4Vict.c.i7.
Act passed in this present Session of Parliament, intituled An Suti^on°s<» ^
M for granting to Her Mcgesty Duties of Customs^ Excise, and under this Act.
Aimted Taxes, shall extend to and attach upon the Produce
and Amount of the Duties, Drawbacks, and Allowances on Soap
to be raised, levied, collected, and paid by and under the Pro-
visions of this Act

LXXIIL And be it enacted. That this Act shall commence Commencement
and take eifect on the Twenty-seventh Day of July One thou- ^^ -A.ct.
sand eight hundred and forty.

LXXIV, And be it enacted. That this Act may be amended Act may be
or repealed by any Act to be passed in this present Session ^^^^ *^
ot raruament.

CAP. L.

An Act to provide for keeping the Peace on Canals and
Navigable Rivers. [4th August 1840.]

' \l^7 HERE AS Robberies and other Outrages are frequently
^ committed on Canals and Navigable Rivers throughout

t Bsi^loiMd and Walesj and it is expedient that Power be given

* to

294

Cap. 50.

Canals Police.

8 & 4 Vict.

Appointment
uf Constables
for Canals and
Rivers;

who shall take
the following
Oath.

Oath of Con-
stables,

Powers of
Constables.

< to appoint Constables for better keeping the Peace, and for the
^ Prevention and Detection of Crime, along the Line of such

* Canals and Rivers and in the Neighbourhood thereof:' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That it shall be lawful for
any Two Justices of the Peace, and for the Watch Committee
of any incorporated Borough within their several Jurisdictions,
on the Application of the Committee or Board of Directors
acting in the Management of the Affairs of the Company of
Proprietors of any Canal or Navigable River, or of any Clerk or
A^ent of any such Company, duly authorized by such Com-
mittee or Board of Directors, to appoint so many Persons as
they shall think fit from among those who shall be recommen-
ded to them for that Purpose by such Company of Proprietors,
Clerk or Agent, to act as Constables on and along such Canal
or River ; and every Person so appointed shall take an Oath
or make a solemn Declaration in the Form or to the Effect
following ; (that is to say,)

' J A. B,j having been appointed a Constable to act upon and

* along the [name the Canal or Navigable River]^ under the

* Provisions of {here insert the Title of this Acf]^ do swear, That I

* will well and truly serve our Sovereign Lady the*^ Queen in the

* said OflSce of Constable, without Favour or Affection, Malice
' or Ill-will ; and that I will, to the best of my Power, cause

* the Peace to be kept, and prevent all Offences against the
^ Peace; and that, while I continue to hold the said Office, I

< will, to the best of my Skill and Knowledge, discharge

* the Duties thereof faithfully according to Law.

' So help me GOD/
Such Oath or Declaration to be administered by any One such
Justice ; and every Person so appointed, and having taken such
Oath or made such Declaration as aforesaid, shall have full
Power to act as Constable for the Preservation of the Peace, and
for the Security of Persons and Property against Felonies and
other unlawful Acts, on such Canal or River, and the Towing
Paths and Works belonging thereto, and on and within any
Railways, Tramroads, Wharfs, Quays, Locks, Docks, Landing
Places, Warehouses, Lands, and Premises, belonging to any
such Company, and in all Places not more than One Quarter
of a Mile distant from either Bank of such Canal or River,
or from such Railways, and shall have all such Powers, Pro-
tections, and Privileges for the apprehending of Offenders as
well by Night as by Day, and for doing all Things for the
Prevention, Discovery, and Prosecution of Felonies and other
Offences, and for keeping the Peace, which any Consta-
ble duly appointed has within his Constablewick : Provided
always, that such Power shall not extend to authorize any such
Person to act as such Constable within the Metropolitan
Police District, or the City of London and the Liberties
thereof, or in any Places beyond the Banks, Towing Paths^ and

other

1840. Canah Police. Cap. 50. 295

other the Premises belonging to such Company, as may be
situate within any other City or any incorporated Borough,
any thing in this Act contained to the contrary notwith-
standing.

IL And be it enacted, That it shall be lawful for any Two Dismissal of
Justices, or the Watch Committee of any incorporated Borough, Consubles.
to dismiss any such Constable who shall act within their severed
Jurisdictions, or for the Company of Proprietors of any such
Canal or River for which any such Constables shall be appointed,
or for any Clerk or Agent of such Company duly authorized by
the Committee or Board of Directors of such Companies, to
dismiss any such Constable from his Office of Constable ; and
upon every such Dismissal all Powers, Protections, and Privi*
leges belonging to any such Person by reason of such Appoint-
ment shall wholly cease; and no Person so dismissed shall be
capable of being again appointed or acting as a Constable for the
same Canal or River, without the Consent of the Authority by
which he was dismissed.

III. And be it enacted, That it shall be lawful for every such Constables
Company of Proprietors to pay to every such Constable, out of ^^ P*"^
the Monies Bsxd Effects of the Company, such Salary or
Allowances, and at such Times and in such Manner as the
Company shall think fit.

IV. And be it enacted, That every Constable who shall be Penalty on
guilty of any Neglect or Breach of Duty in his Office of Con- Con^Jes
stable shall be liable to a Penalty not more than Ten Pounds, outy-^ ^ ^
the Amount of which Penalty may be deducted from any

Salary due to ^uch Offender, or> in the Discretion of the
Magistrate before whom such Offender shall have been convicted,
such Offender may be imprisoned in the Gaol or House of
Correction for the County or Place in which such Offence shall
have been committed, with or without hard Labour, for any
Time not more than One Calendar Month.

V. And be it enacted, That every Constable who shall, be Constables
dismissed from or shall cease to hold his Office, and who shall ^w™««d to
not forthwith deliver over all the Clothing, Accoutrements, Accoutrements.
Appointments, and all other Necessaries which have been

supplied to him for the Execution of his Duty, to such Person,
and at such Time and Place as shall be directed by the Com-
pany on whose Recommendation he shall have been appointed,
or by any Clerk or Agent of such Company duly authorized by
|ke Company to receive the same, shall be liable to be imprisoned
in any Gaol or House of Correction as aforesaid, with or without
Ijard Labour, for any Time not exceeding One Calendar Month ;
and it shall be lawful for any Justice of the Peace to issue his
^arrant to search for and seize, to the Use of such Company, all
^ Clothing, Accoutrements, Appointments, and other Neces-
^ries which shall not be so delivered over, wherever the same
JJ^y be found.

VI. And be it enacted. That every Person who shall assault Penalty for
or resist any Constable appointed as aforesaid, in the Execution p"^]^^"
of his Duty, or who shall aid or incite any Person so to assault

or

206

Cap. 50.

Canals Police,

3 & 4 Vict.

Instruments
for unlawfully
procuring and
carrying away
Liquors.

Unlawfully
injuring the
Contents of
Packages.

Constable*
&C. haying
just Cause to
suspect Felony,
may enter on
board Vessels
and take up
suspected
Persons.

or i^ist, shall for every such OfFence be liable to a Penalty not
more than Ten Pounds, or, in the Discretion of the Magistrate
before whom he shall be convicted, may be imprisoned in any
Gaol or House of Correction as aforesaid, with or without hard
Labour, for any Time not more than Two Calendar Months.

VII. And be it enacted, That every Person who shall be
found upon such Canal or River, or in or upon any Lock, Dock,
Warehouse, Wharf, Quay, or Bank thereof, or on board of any
Boat or Vessel lying or being in any such Canal or River, or in
any Lock or Dock thereunto belonging, having in his Possession
or under his Control any Tube or other Instrument for the
Purpose of unlawfully obtaining any Wine^ Spirits, or other
Liquors or Goods, or having in his Possession any Skin, Bladder,
or other Utensil for the Purpose of unlawfully secreting or
carrying away any such Wine, Spirits, or other Liquors or
Goods, and any Person who shall attempt unlawfully to obtain
any such Wine^ Spirit, or other Liquors or Goods, shall for
every such Offence be liable to a Penalty not more than Five
Pounds, or, in the Discretion of the Magistrate before whom he
shall be convicted, may be imprisoned as aforesaid, with or with-
out hard Labour, for any Time not more than One Calendar
Month.

VIII. And be it enacted, That every Persoti who shall bore,
pierce, break, cut open, or otherwise injure any Cask, Box^ or
Package containing Wine, Spirits, or other Liquors, or any Case,
Box, Sack, Wrapper, Package, or Roll of Goods, on board of
any Boat, Vessel, or Waggon, or in or upon any Warehouse,
Wharf, Quay, or Bank of or belonging to any such Canal or
River, with Intent feloniously to steal or otherwise unlawfully
obtain or to injure the Contents or any Part thereof, or who
shall unlawfully drink or wilfully spill or allow to run to waste
any such Liquors or any Part thereof, shall for every such
Offence be liable to a Penalty not more than Five Pounds, over
and above the Value of the Goods or Liquors so taken or
destroyed, or, in the Discretion of the Magistrate before whom
he shall be convicted, may be imprisoned as aforesaid, with or
without hard Labour^ for any Time not more than One Calendar
Month.

IX. And be it enacted. That it shall be lawful for every
Constable appointed as aforesaid, having just Cause to suspect
that any Felony, or any other Offence contrary to the Provisions
of this Act, has been or is about to be committed in or on
board of any Boat or other Vessel lying in any such Canal or
River, or any Lock or Dock thereunto belonging, to enter at all
Times, as well by Night as by Day, into and upon every such
Boat or other Vessel, and therein to take all necessary Measures
for the Prevention or Detection of all Felonies or other Offences
which he has just Cause to suspect to have been or to be about
to be committed, and to take into Custody all Persons suspected
of being concerned in such Felonies or other Offences, and also
to take charge of ail Property so suspected to be stolen or
embezzled. *

X. And

1840. CanahPdice. Cap. 59. 397

X. And be it enacted, That it shall be lawful for any such Constable
Constable, to take into Custody, without a Warrant, any loose, ^^o'ut'^i^'*
idle, and disorderly Person whom he shall find disturbing the rantincertoin

EaUic Peace, or whom he shall have good Cause to suspect of Cases,
aving committed or being about to commit any Felony, Mis-
demeanor^ or Breach of the Peace, or other Ofience contrary to
the Provisions of this Act, and every Person whom he shall
find, between Sunset and the Hour of Eight in the Morning, %

Ijing or loitering in or upon any Towing Path^ or in or upon
any Whar^ Bridge, Railway, Quay, Landing Place, Lock, Dock,
or up<m the Bank of any- such Canal or River, and not giving a
satisfactory Account of himself. .

XL And be it enacted. That any Person found committing Power to
any Offence punishable upon summary Conviction by virtue of CoDstabies
this Act may be uken into Custody, without a Warrant, by any *"^ ^S? to
Constable, or may be apprehended by the Owner of the Property apprehend
with respect, to which the Offence shall be committed, or by his certain
Servant, or any Person authorised by him, and may be detained ^^""^•^
until he can be delivered into the Custody of a Constable to be deal t
with according to Law;, and every such Constable may also
stop, search, and detain any Vessel, Boat, Cart, or Carriage in
or upon which there shall be Reason to suspect that any tning
stolen or unlawfully obtained may be found, and also any Person
who may be reasonably suspected of having or conveying in any
Manner any thing stolen or unlawfully obtained.

XII. And be it enacted, That any Person to whom any Pro- stolen Pro-
perty ihall be offered to be sold, pawned, or delivered, if he perty offered in
Bhall have reasonable Cause to. suspect that any such Offence d^ain^^ ^
has been committed with respect to such .Property, or that the

same, or any Part thereof has been stolen or unlawfully ob-
tained, is hereby authorized, and, if in his Powor, is required,
to apprehend and detain, and as soon as may be. to deliver such
Offender into the Custody of a Constable^ together with such
Property, to be dealt with according, to Law.

XIII. Provided always, and be it enacted. That nothing Not to repeal
herein contained shall be construed to prevent any Person from ^^"^ ^^
being indicted for toy indictable Offence made punishable on p^tiSf
summary Conviction by this Act, or to prevent any Person from

being liable under any other Act or Acts to any other higher
Penalty or Punishment than is provided for such Offence by
this Act, so nevertheless that no Person be pumped twice fpr
the same Offence.

XIV. And be it enacted, That any Two Jpsticjes ^f the. Peace Offenc^t how
within their several Jurisdictions shall be empowered summarily ^^ y^^^
to convict any Person charged with any Offence against this ^^ enforced.
Act, on the Oath of One or more Witnesses, or by Confession

of such Person, and to award the Penalty or Punishment herein
provided for such Offence. t^ « i •

XV. And be it enacted, That in every Case of the Adjudlca- ^^^^^e"
Uon of a pecuniary Penalty under this Act, and Nonpayment offender may
thereof it shall be lawful for tjie Justices before whom any *» committed.
Offender shall have been convicted to conjjnit such Offender to ^^ £^*^

any

298

Cap. 50.

Canab Police.

3&4Vicr.

5G.4.C. 18.

Form of
CoDYietion.

any Gfaol or House of . Correction within his Jurisdiction for a
Term not more than One Calendar Month* where the Sum to
be paid shall not exceed Five Pounds^ and in any Case not
more than Two Calendar Months, the Imprisonment to cease
on Payment of the Penalty and the Costs for the Recovery
thereof; or, instead of Imprisonment, it shall be law&l for the
Justices, by Warrant under their Hands and Seals, to order
such Penalty, with the reasonable Costs and Charges of the
Conviction, to be levied by Distress and Sale of the Goods and
Chattels of the Offender ; and all such Convictions and War-
rants shall be taken to be within the Provisions of an Act
Sissed in the Fifth Year of the Reign of King George the
ourth, intituled An Act for the more effectual Recovery Gf
Penalties before Justices and Magistrates on Conviction of Offen^
ders^ and for facilitating the Execution of Warrants by Canr
stables,

XVI. And be it enacted, That any Justice of the Peace be-
fore whom any Person shall be summarily convicted for any
Offence against this Act may cause the Conviction to be drawn
up, on Paper or Parchment, in the following Form of Words,
or to the like Effect; (that is to say,)

* County, City, or Borough 1 ^^ ^^ remembered, That on the

< of to wit. J" Day of in the Year of our
' Lord in the County of A.E. is convicted before

* US /.P., and J.J.P^ Two of Her Majesty's Justices of the

* Peace for the said County, for that he the said A.E. did {here
^ specify ihe Offence, and Oie Time and Place when and where Ihe

* same was committed^ as the Case may be"] ; and we do adjudge

< that the said A.E. shall for the said Offence forfeit the Sum

* of and shall pay the same immediately [or shall pay

< the same on or before die Day of ] to CD.,

< to be by him applied according to the Directions of the Sta-

* tute in that Case made and provided. Given under our
' Hands the Day and Year first above-mentioned.

' J.P. and J.J.P:

XVII. And be it enacted, That no Convicdon for any Offence
against this Act shall be quashed for Want of Form, or be re-
Want of Form, moved by Cerdorari or otherwise into any of Her Majesty's

Superior Courts of Record ; and that no Warrant of Comnut-
ment shall be held void by reason of any Defect therein, pro-
vided it be therein alleged that it is founded on a Convicdon,
and there be a good and valid Conviction to sustain the same ;
and that where any Distress shall be made for levying any
Money by virtue of this Act the Distress itself shall not be
deemed unlawful, nor the Party making the same be deemed a
Trespasser, on account of any Defect or Want of Form in the
Summons, Conviction, Warrant of Distress, or other Proceed-
ing reladng thereto, nor shall the Party distraining be deemed
a Trespasser from the beginning on account of any Irregularity
afterwards committed by him, but the Person aggrieved by such
Irregularity may recover full Sads&cdon for the special Damage
(if any) in an Acdou upon the Case*

XVIIL And

Convictions
not to be
quashed for

1840. Canals Police. Cap. 50. 290

XVIII. And for the Protection of Persons acting in the Venue;
Execution of this Act, be it enacted, That all Actions and
Prosecutions to be commenced against any Person for any
thing Aone in pursuance of this Act shall be laid and tried
in the County where the Fact was conmiitted, and shall be
commenced within Six Calendar Months after the Fact com-
mitted, and not otherwise ; and Notice in Writing of such Cause Limiution of
of Action shall be given to the Defendant One Calendar Month Actions;
at the least before the Commencement of the Action ; and in General issue,
any such Action the Defendant may plead the General Issue,
and give this Act and the special Matter in Evidence, at any
Trial to be had thereupon ; and no Plaintiff shall recover in Tender of
any such Action if Tender of sufficient Amends shall have ^"•"^
been made before such Action brought, or if a sufficient Sum
of Money shall have |been paid into Court after such Action
brought by or on beWf of the Defendant; and if a Verdict
shall pass for the Defendant, or the Plaintiff shall become Non-
suit, or discontinue any such Action after Issue joined, or if
upon Demurrer or otherwise Judgment shall be given against
the Plaintifr, the Defendant shall recover his full Costs as be-
tween Attorney and Client, and have the like Remedy for the
same as any Defendant hath by Law in other Cases ; and
though a Verdict shall be given for the Plaintiff in any such
Action such Plaintiff shall not have Costs against the Defendant,
unless the Judge before whom the Trial is had shall certify his
Approbation of the Action and of the Verdict obtained there-
upon.

XIX. And be it enacted. That in every Case of summary Appeal to
Conviction before any Justices of the Peace under this Act, in ^^^
which the Penalty adjudged to be paid shall be more than «^"''
Three Pounds, any Person who shall think himself aggrieved
by the Conviction may appeal to the Justices of the Peace at the
next General or Quarter Sessions of the Peace to be holden for
the County, Riding, or Division wherein the Cause of Com-
plaint shall have arisen; provided that such Person, at the
Time of the Conviction, or within Forty-efght Hours there-
after, shall enter into a Recognizance, with Two sufficient
Sureties, conditioned personally to appear at the said Sessions
to try such Appeal, and to abide the further Judgment of the
Justices at such Sessions assembled, and to pay such Costs as
shall be by the last-mentioned Justices awarded ; and it shall
be lawful for the Justices by whom such Conviction shall have
been made to bind over the Witnesses who shall have been
examined in sufficient Recognizances to attend and be ex-
amined at the hearing of such Appeal ; and that every such
Witness, on producing a Certificate of his being so bound,
under the Hand of the Justices, shall be allowed Compensation
for his Time, Trouble, and Expences in attending the Appeal^
which Compensation shall be paid, in the first instance, by
ihe Treasurer of the County or Riding, in like Manner as in
Cases of Misdemeanor, under the Provisions of an Act passed
in the Seventh Year of the Reign of King George the Fourth,
[No.20 . Price 2(i] U intituled

300

7 G. 4. c, 64.

Powers of
Companies
to be exercised

by Directors.

Act may be
amended
this Session.

Cap.50, 5L Camls PoItce.-^ToU on lAme. 3 & 4Vicr,

intituled An Act for impraoing the Administration of Criminal
Justice in England ; and in case the Appeal shall be dismissed,
and the Order or Conviction affirmed, the reasonable Expences
of all such Witnesses attending as aforesaid, to be ascertained by
the Court, shall be repaid to the Treasurer of the County or
Riding by the Appellant "

XX. And be it enacted. That all the Powers hereby vested
in any Company of Proprietors of any such Canal or Navigable
River may be exercised by the Directors or Committee of
Management, or other Body of Persons, under whatever Style
or Name they may be known, duly authorized according to the
Constitution of such Company to manage the Affairs of such
Company respectively, and if there shall be no such Body, or
more than One such Body, so that it may be doubtful by
whom the said Powers ought to be exercised, then by such
Body of Persons as shall be appointed for that Purpose by
the Proprietors at any General or Special Meeting of the
Proprietors convened for that Purpose, with Hie like Forms
and Notices as are required by Law in each Cas? respectively
with regard to such Meetings.

XXI. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this Session of Parliar
ment

4 G.4. c. 16.

Nothing in tlie
Act 3 G. 4.
c. 126. shall
enable Collec-
tors to take
Toll for Horses
carrying Lime
for the Im-
provement of
Land.

CAP. LI.

An Act to amend and explain the general Turnpike
Acts, so far as relates to the Toll payable on Carriages
or Horses laden with Lime for the Improvement of
Land. [4th August 1840.]

< TI/'HEREAS an Act was passed in the Fourth Year of
« ^^ the Rei^ of His late Majesty King George the Fourth,

* intituled An Act to explain so much of the general Turnpike
^ Act as relates to the ToU payable on Carriages laden with Lime

< for the Improvement of Land : And whereas Doubts have arisen

* in the construing of the said Act;' for removing which
Doubts be it declared and enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same^ That
nothing in the said general Turnpike Act passed in the Third
Year of the Reign of His said late Majesty, intituled An Act
to amend the general Laws now in being for regulating Turnpike
Roads in that Part o/* Great Britain called England, shall extend
or be construed to extend to enable any Collector or Collec- •
tors of Tolls under the Authority of any Local Act or Acts to
take or demand any Toll for Horses or Carriages employed in
carrying or conveying Lime on any Turnpike Road for the
Improvement of Land, when Carriages or Horses laden with
Lime for the Improvement of Land are exempted from the Pay-
ment

1840. TottonUme Regency. Cap. 51, 52. 30i

ment of Toll by any such Local Act or Acts now in force, or
which' were exempted from the Payment of Toll by any Local
Act or Acts in force at the Time of the passing of the said re-
cited Act of the Third Year of the Reign of His late Majesty
King Gtorge the Fourth, but since repealed

CAP. LIL

An Act to provide for the Administration of the Go-
vernment in case the Crown should descend to any
Issue of Her Majesty whilst such Issue shall be under
the Age of Eighteen Years, and for the Care and
Guardianship of such Issue. [4th August 1840.]

WHEREAS Your Majesty, by Your Majest/s Royal Mes-
sage to both Houses of Parliament, has been pleased
to state that the Uncertainty of Human Life, and the deep
Sense Your Majesty feels of Duty to Your People, rendered it
incnmbent upon Your Majesty to recommend to both Houses
of Parliament to consider Contingencies which may hereafter
taie place, and to make such Provision as will, in any Event,
secure the Exercise of the Roj^ Authority ; and that Your
Majesty would be prepared to concur with the Two Houses of
Parliament in those Measures which may appear best cal-
culated to maintain unimpaired the Power and Dignity of the
Crown, and thereby to strengthen the Securities which pro-
tect the Rights and Liberties of Your People : And whereas,
with the most cordial Sense of Duty and Gratitude to Your
Majesty for the tender Concern and Regard so uniformly
and now more especially demonstrated for the Happiness of
Your People and the Security of their Rights and Liberties,
we have taken this most important Business into our Con-
sideration, and being thoroughly convinced of the Wisdom
and Expediency of what Your Majesty has thought fit to re-
commend, we are firmly and zealously determined to contri-
bute every thing in our Power to maintain unimpaired the
Power and Dignity of the Crown, and to strengthen the
Securities which protect the Rights and Liberties of the
People :' We therefore. Your Majesty's most dutiful and loyal
Sobjects, the Lords Spiritual^and Temporal, and Commons, in
Parliament assembled, do most humbly beseech Your Majesty
that it may be enacted ; and be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this pre-
sent Parliament assembled, and by the Authority of the same,
That if at the Demise of Her present Majesty {whom God long on Demise of
preserve) there shall be Issue of Her said Majesty who shall Her Migesty,
become and be King or Queen of this Realm whilst under the ^^^^^^
Age of Eighteen Years, His Royal Highness Prince AJberty the ^f Her M^jest/
Consort of Her said Majesty, shall be the Guardian, and shall who shall

U 2 have becomeKuagiW

302 Cap. 52. Regency. 3 & 4 Vict.

Queen under bave the Care, Tuition, and Education of such Issue, until such
A ^h" iL Iss^^ shall attain the Age of Eighteen Years, 'and shall till such
nf^n^ ^ -^S^ '^^^ ^^ Disposition, ordering, and Management of all
Prince Albert Matters and ;.Things relating thereto ; and His said Royal
^pointed Highness Prince Albert shall, until such Issue of Her said

suXiKl^e, and Majesty shall attain the Age of Eighteen Years, and no longer,
empowered to have full Power and Authority, in the Name of such Issue,
Autb^t^^"^ and in His or Her Stead, and under the Style and Title of
under^Sie Title Regent of the United Kingdom of Great Britain and Ireland^
of Regent of to exercise and administer, according to the Laws and Con-
K^i^**^ stitution thereof, the Royal Power and Government of this
^^*^™' Realm, and all the Dominions, Countries, and Territories to

the Crown thereof belonging, and Use and exercise and perform
all Prerogatives, Authorities, and Acts of Government and
Administration of Government which belong to the King or
Queen of this Realm to use, execute, and perform, according to
the Laws thereof, but in such Manner and subject to such
Conditions, Restrictions, Limitations, and Regulations as are
herein-after for that Purpose specified, mentioned, and con-
tained.
Acts done con- IL And be it further enacted by the Authority aforesaid,
trarytosuch Xhat all Acts of Royal Power, Prerogative, Government, and
u on y vol . ^dinjujg^^ation of Government, of what Nature or Kind soever,
which shall be done or executed during the Regency established
by this Act otherwise than by and with the Consent and Au-
thority of the said Regent, in the Manner and according to the
Direction of this Act set forth and prescribed, shall be abso-
lutely null and void to all Intents and Purposes.
Regent to take III. And be it further enacted by the Authority aforesaid,
**»® Oaths pre- That the Regent, before he shall act or enter upon his said
iw. &*M. Office of Regent, shall take the Oaths of Allegiance and Su-
aessi. c. 8. and premacy in the Form prescribed and required by an Act passed ^
6 G. 3. c. 53. in the First Year of the Reign of King William and Queen

Mary^ intituled An. Act fir (Abrogating the Oaths of Supremacy
and Allegiance^ and appointing other Oaths ; and shall also take
the Oath of Abjuration in such Manner and Form as is set
down and prescribed in an Act passed in the Sixth Year of the
Reign of King George the Third, intituled An Act for aUering
the Oath of Abjuration andtiieAsswrance^ and for amending somucJi
of an Act of the Seventh Year of Her late Majesty Queen Anne, inti-
tuled * An Act fir the Improfjement of the Union of the Two
Kingdoms^* as after the Time therein limited requires Die Delivery
of certain Lists and Copies therein mentioned to Persons indicted of
High TYeason or Misprision of Treason; as also the following
Oath ; that is to say.
Oaths. ( J DO solemnly promise and swear, That I will truly and

* faithfully execute the Office of Regent of the United

* Kingdom of Great Britain and Irelaruiy according to an Act

* of Parliament made in the Fourth Year of Her Majesty

* Queen Victoria, intituled An Act to provide for the Adminis^
' tration of the Government^ in case the Crown should descend to
^ any 'Issue of Her Majesty whilst such Issue shall be under the ALffe

* of

1840. "Regmcy. Cap. 52. 303

ofEighieen Years^ and for the Care and Grwrdxanship of sudt
Issue; and that I will administer the Government of this
Realm, and of all the Dominions thereunto belonging, accord-
ing to the Laws, Customs, and Statutes thereof, and will in
all Things, to the utmost of My Power and Ability, consult
and maintain the Safety, Honour, and Dignity of His or Her
[(u the Case shall require] Majesty, and the Welfare of His
or Her {as the Case shall require'] People.

« So help me GOD.'
J DO faithfully promise and swear, That I will inviolably
maintain and preserve the Settlement of the true Pro-
testant Religion, with the Government, Discipline, Rights,
and Privileges of the Church of Scotland^ as established by
Law., So help me GOD/

Which Oaths shall be taken before the Privy Council then in
being, who are hereby empowered and required to administer
the same, and to enter the same in the Council Books.

IV. And be it further enacted by the Authority aforesaid. The King or
That it shall not be lawful for the King or Queen of this ^",7"J^derthc
Realm, for whom a .Regent is hereby appointed, to inter- Age of is,
roanry before His or Her Age of Eighteen Years, with any without Con-
Person whomsoever, without the Consent, in Writing, of the ^^^j^j
Regent, and the Assent of both Houses of Parliament, pre- Aasent of Far-
vioosly obtained ; and every Marriage without such Consent, liament.

and such Assent of the Two Houses of Parliament, shall be

null and void to all Intents and Purposes; and every Person Abetting such

who shall be acting, aiding, abetting, or concerned in obtain* Marriage, High

ing, procuring, or bringing about any such Marriage, and the

Person .who shall be so married to such King or Queen under

the Age of Eighteen Years, shall be guilty of High Treason,

and suffer and forfeit as in Cases of High Treason.

V. Provided always, and be it further enacted by tlie Au- Regent not
thority aforesaid, That the Regent shall not give or have empowered to
rower to give the Royal Assent to any Bill or Bills in Assent to any
Parliament for repealing, changing, or in any respect varying Act altering the
from the Order and Course of Succession to the Crown of this fg^^g"*"; g
Realm as the same stands now established by the Act of the

Twelfth Year of the Reign of King William the Third, inti-
tuled An Ad for the further Limitation of the Crown^ and better 13& 14 Car. 2.
securing the Rights and Liberties of the Subject^ or to any Act for «• '*•
repealing or altering the Act made in tlie Tliirteenth Year of
the Reign of King Charles the Second, intituled An Act for
^ Vnformity of Public Prayers and Administration of Sacra-
mentsj and other Rites and Ceremonies^ and for establishing the
Form of making^ ordaining^ and consecrating Bishops^ Priests^ and
Deacons^ in tlie Church of England, or an Act of the Fifth
Year of the Reign of Queen Aiincj made in Scotland, intituled
An Act for securing tlte Protestant Religion and Presbyterian 5Ann.(S.)
Govemmait,

VI. Provided always, and be it further enacted, Tliat if His in case His
said Royal Highness Prince Albert shall, at any Time after ^^f^^^
becoming such Guardian and Regent, be reconciled to or person pro-
US shall fessingthQ

804 Cap. 52, 63. Regency.'— Newgate Gaol^ Dublin. 3 & 4 Vict

Roman Catho- shall hold Communion with the See or Church of Rome^ or
lie Reii^on, his ghall profess the Popish Religion, or shall marry a Person pro-
thiTASt^to ^ fessing the Roman Catholic Religion, or shall cease to reside
detenxune, in or absent Himself from the United Kingdom of Great

Britain and Irehmdy then and in any of such Cases His said
Royal Highness shall no longer be Guardian and Regent, and
all the Powers and Authorities which He may have derived
under and by virtue of this Act shall thenceforth cease and
determine.

jy//^c./

a G. 4. c, 74.

Any Present-
ments made for
rebuilding the
Gaol of Neir.
^at9,aiidall

CAP. LIIL

An Act for vacating any Presentment for rebuilding
the Gaol of Newgate in Dublin^ and vacating [ any
Contract between the Commissioners for rebiulding
the said Gaol and the Contractor.

[4th Augmt 1840.]

Vl/^HEREAS an Act was passed in the Seventh Year of the
^^ Reign of His late Majesty King George the Fourth,
intituled An Act for consolidating and amending the Laws re-
lating to Prisons in. Ireland: And whereas in consequence of
the Report of the Inspectors General of Prisons in Ireland it
Is inexpedient to incur the Expence of rebuilding the Gbol of
Newgate in the City of Dublin^ as originally proposed in con-
sequence of the said Act : And whereas it is expedient to
make void any Presentment that may have been made in pur-
suance of the said Act by the Grand Jury of the County of
the City of Dublin for the rebuilding of the Gaol of Newgate
in the City of Dublin, save as to any Instalments already
collected of any Sum presented for that Purpose, and also to
make void any Contract which may have been entered into for
the rebuilding of the said Gaol ; and it is also just and ex-
pedient to provide for the Payment of any Sum which, under
any Arbitration entered into between the Conunissioners ap-
pointed by the Grand Jury of the said County of the City of
Dublin for the rebuilding of the said Gaol, and the Contractor
who may have contracted with the said Commissioners for
rebuilding the same, shall be awarded to such Contractor as
Compensation for any Losses sustained by him by reason of
such Contract not being carried into effect: And whereas
certain Sums of Money may, under the Provisions of the said
Act, have been paid by the Treasurer of the County of the
City of Dublin to the Collector of Excise of the Dublin Dis-
trict;* be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and by the Authority of the same. That
any such Presentment which may have been heretofore made
by any Grand Jury for the County of the City of Dublin of any
Sum of Money for or towards the rebuilding of the said Gaol,

and

1840. Newgate Gaok Dublin. Cap.53« 805

and any Contract entered into between such Commissioners Contracts for
and any Person for rebuilding the said Gaol o{ Newgate, and S^^^^^^'j

c ^ /f rttf* i flfort void

all Contracts and Agreements between the said Parties re-
lating thereto^ shall be and the same are hereby declared to
be absolutely null and void to all Intents and Purposes what-
ever.

IL And be it enacted, That the Award to be made by any Compensation
Arbitrators or Umpire, under any Submission to Arbitration «varded to Con-
entered into between the said Conunissioners or the Crown p^, under the
Solicitor in Dublin and such Contractor for determining the Direction of the
Amount of such Compensation as aforesaid, shall be final and Commwdoners
conclusive between the said Commissioners and the said Grand ^ut ^f the""^'
Jury and such Contractor, to all Intents and Purposes whatever; Amount of
and that when and so soon as the said Arbitrators or Umpire presentments
shall have made their or his said Award, to be given under their nJ^g. "^
several and respective Hands and Seals, and that the same shall
be communicated to the Lord Lieutenant or other Chief Go-
vernor or Grovernors of Ireland^ it shall and may be lawful for
the Commissioners of Her Majesty's Treasury of the United
Kingdom of Great Britain and Ireland for the Time being to
cause to be paid to the said Contractor, out of any Monies that
shall have been paid to the Collector of Excise of the Dublin
District for or on account of any Instalments of any Present-
ment heretofore made for [rebuilding the said Gaol of Newgate,
80 much as shall be equivalent to the Sum awarded to the said
Contractor for such Compensation as aforesaid, in case the said
Monies shall be su£Scient for that Purpose; and in case there and any Surplus
shall be any Surplus that the said Commissioners of Her ^ufe Treasurer
Majesty's Treasury shall cause such Surplus to be paid over of the County
to the Treasurer of the Public Money for the County of the of the City of
City of Dublin, for the Use of the said County of the City of g^fi^j^^^'i^y
DMin ; and in case the Sum so awarded to the said Contractor be supplied by
shall exceed the Amount of all the Instalments then paid to the Grand Jury
Collector of Excise for the said Dublin District for and on P^e^^to^ent.
account of the said Presentment, that the whole Amount of the
said Instalments shall be paid over by the said Commissioners
of Her Majesty's Treasury to the said Contractor, in part Dis-
charge of the Amount of scud Award; and the Balance of such
Amount so awarded shall, on the Certificate of the Secretary
or. Under Secretary of the Lord Lieutenant ascertaining the
same, at some Presenting Term after such Award shall be made^
be raised by Presentment to be made by the Grand Jury of the
said County of the City of Dublin off the said County of the
City of Dublin, in like Manner as the Amounts of Grand Jury
Presentments are now raised by any Act now in force for the
raising of Grand Jury Presentments in the County of the City
of Dublin.

HI. And be it enacted. That in case the Grand Jury of the If the Grand]
County of the City of Dublin at such Presenting Term as J"Jjf^ ^"^
aforesaid shall n^lect, decline, or refuse duly to present the ascertained
said Balance so ascertained as aforesaid, the Court at such Babuice, the
Presenting Term at which such Certificate shall be laid before ^,^^^3^'

U 4 such

306

Act may be
altered this
Session.

Cap* 53, 54. NewffateGaoljDiibliTu^^Insane Prisoners, 3&4Vicr.

such Grand Jury may and shall make an Order, directinfr the
Sum which ought to have been so presented to be raised and
levied as if the same had been so presented, and such Order
shall have the Force and Effect of a Presentment, and the
Treasurer of the County of the City of Dublin shall insert the
Sum mentioned in such Order in his Warrant, and the same
shall be applotted, raised, levied, and applied in like Manner,
to all Intents and Purposes, as if the same had been duly pre*
sented by such Grand Jury.

IV. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

Prisoners be-
coming insanei
Two Justices
may inquire,
with Medical
Aid, respecting
such Insanity ;

if certified to
be insane, Secre-
tary of State to
grant Warrant
for Removal
to Lunatic
Asylum.

If afterwards
sane, how to
be dralt with.

CAR LIV.

An Act for making further Provision for the Confine-
ment and Maintenance of Insane Prisoners.

[4th August 1840.]

* Yl/^HEREAS it is expedient that further Provision should
< be made for the Confinement and Maintenance of In*

* sane Prisoners :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and. Temporal, and Commons, in this pre-
sent Parliament assembled, and by the Authority of the same,
That if any Person, while imprisoned in any Prison or other
Place of Confinement under any Sentence of Death, Trans*
portation, or Imprisonment, or under a Charge of any OiFence,
or for not finding Bail for good Behaviour or to keep the
Peace or to answer a Criminal Charge^ or in consequence
of any summary Conviction or Order by any Justice or Justices
of the Peace, or under any other than Civil Process, shall
appear to be insane, it shall be lawful for any Two Justices
of the Peace of the County, City, Borough, or Place where
such Person is imprisoned to inquire, with the Aid of Two
Physicians or Surgeons, as to the Insanity of such Person ; and
if it shall be duly certified by such Justices and such Phy-
sicians or Surgeons that such Person is insane, it shall be
lawful for One of Her Majesty's Principal Secretaries of State,
upon Receipt of such Certificate, to direct, by Warrant under
his Hand, that such Person shall be removed to such County
Lunatic Asylum or other proper Receptacle for Insane Persons
as the said Secretary of State may judge proper and appoint ;
and every Person so removed under this Act, or already removed
or in Custody under any former Act relating to Insane Pri-
soners, shall remain under Confinement in such County Asylum
or other proper Receptacle as aforesaid, or in any other County
Lunatic Asylum or other proper Receptacle to which such Per-
son may be removed, or may have been already removed, or in
which he may be in Custody by virtue of any like Order, until
it shall- be duly certified to One of Her Majesty's. Principal

Secretaries

1840. Insane Priionars. Cap. 54 807

Secretaries of State, by Two Physicians or Surgeons, that such
Person has become of sound Mind, whereupon the said Secre-
tary of State is hereby authorized, if such Person shall still
remain subject to be continued in Custody, to issue his War- warrant for
rant to the Keeper or other Person having the Care of any I^^J^oJ ^wck
such Asylum or Receptacle as aforesaid, directing that such todischrrge'
Person shall be removed back from thence to the Prison or
other Place of Confinement from whence he or she shall hfive
been taken, or, if the Period of Imprisonment or Custody of
such Person shall have expired, that he or she shall be dis-
charged.

XL And be it enacted, That in all such Cases as aforesaid. Justices of the
unless One of Her Majesty's Principal Secretaries of State ?**^'®22*f'®
shall otherwise direct, it shall be lawful for such Two Justices^ J^m ^ ^i^
or any other Two Justices of the Peace of the County, City, Priaoner, and
Borough, or Place where such Person is imprisoned, to inquire ™^ ^"J? 7*
into and ascertain, by the best Evidence or Information that can MaintenaiiM!
be obtained under the Circumstances, of the personal legal &c
Disability of such Insane Person, the Place of the last [legal
Settlement, and the pecuniary Circumstances of such Person;
and if it shall not appear that he or she is possessed of sufficient
Property which can be applied to his or her Maintenance, it
shall be lawful for such Two Justices, by Order under their .
Hands, to direct the Overseers of the Parish where they adjudge
him or her to be lawfully settled, or in case such Parish be
comprised in a Union declared by the Poor Law Commissioners,
or shall be under the Management of a Board of Guardians
established by the Poor Law Commissioners, then the Guar-
dians of such Union, or of such Parish, (as the Case may be,)
to pay on behalf of such Parish, in the! Case of any Person re-
moved under this Act, all reasonable Charges for inquiring into
SQch Person's Insanity, and for conveying him or her to such
County Lunatic Asylum or Receptacle for Insane Persons, and
to pay such weekly Sum as they or any Two Justices shall, by
Writing under their Hands, from Time to Time direct, for his
or her Maintenance in such Asylum or Receptacle in which he
or she shall be confined; and in the Case of any Person re-
moved under any former Act relating to Insane Prisoners, to
pay such weekly Sum as they or any Two such Justices as afore-
said shall, by Writing under their Hands, from Time to Time
direct, for his or her Maintenance in the Asylum or Receptacle
in which he or she is confined ; and when the Place of Set- When Settle-
tlement cannot be ascertained, such Order shall be made upon ment not founds
the Treasurer of the County, City, Borough, or Place where ^^^ »^.
such Person shall have been imprisoned; but if it shall appear, smer of Count/
upon Inquiry, to the said or any other Two Justices of the in case the
County, City, Borou^, or Place where such Person is impri- Peraon is pos-
soned, that any such Person -is possessed of Property, such Pro- ^^^T^

iiii*^ ,. ,^ ^ 11 T^'^'^* 1 perty, It shall

perty shall be applied for or towards the Expences mcurred be applied
or to be hereafter incurred on his or her Behalf, and they shall towards the
from Time to Time, by Order under their Hands, direct the ^»P«"««-
Overseers of any Parish where any Money or Securities for

Money,

808 Cap.54. Insane Prisoners* 3&:4Vicr.

Money, Goods, Chattels, Lands, or Tenements of such Person

shall be, to seize so much of the said Money, or to seize and

sell so much of the said Goods and Chattels, or receive so much

of the annual Rent of the Lands or Tenements of such Person,

as may be necessary to pay the Charges, if any, of inquiring

into such Person's Insanity, and of K^oval, and also the

Charges of Maintenance, Clothing, Medicine, and Care of any

such Insane Person, accounting for the same at the next Speciad

Petty Sessions of the Division, City, or Borough in which

such Order shall have been made, such Charges having been

first proved to the Satisfaction of such Justices, and the Amount

thereof being set forth in such Order.

Penonseharged HI, < And whereas it is expedient that the same Provision

with Misde-^^^ < should be made with regard to Persons charged with Mis-

toTon^e ' demeanors as is made with regard to Persons charged with

Ground of In- < Treason, Murder, or Felony by virtue of an Act passed in

T^^mcS^ * *® Session holden in the Thirty-ninth and Fortieth Years

39 & 40 G. 3. * ^^ -^^ Reign of King George the Third, intituled An Act for

c. 94. ^ &€ safe Custody of Insane Persons charged with Offences;^ be it

therefore enacted. That in all Cases where it shall be given
in Evidence upon the Trial of any Person charged with any
Misdemeanor that such Person was insane at the Time of the
Commission of such Offence, and such Person shall be acquitted,
the Jury shall be required to find specially whether such Person
was insane at the Time of the Commission of such Offence,
and to declare whether such Person was acquitted by them on
account of such Insanity ; and if they shall find that such Per-
son was insane at the Time of the committing such Offence the
Court before whom such Trial shall be had shall order such
Person to be kept in strict Custody, in such Place and in such
Manner as to the Court shall seem fit, until Her Majesty's
Pleasure shall be known; and it shall thereupon be lawful
for Her Majesty to five such Order for the safe Custody of
such Person, during Her Pleasure, in such Place and in such
Manner as to Her Majesty shall seem fit; and in all Cases
where any Person before the passing of this Act has been
acquitted of any such Offence on the Ground of Insanity at the
Time of the Commission thereof, and has been detained in
Custody as a dangerous Person by Order of the Court before
whom such Person has been tried, and still remains in Cus-
tody, it shall be lawful for Her Majesty to give the like
Order for the safe Custody of such Person during Her Plear
sure as Her Majesty is hereby enabled to give in the Case
of any Person who shall hereafter be ac||aitted on the Ground
Xike Powers as of Insanity ; and in all such Cases any Two Justices of the Peace
in Cases before of the County, City, or Place where such Person shall have
mentioned for }^QXi acquitted on account of Insanity, or shall be kept in Cus-
^^dem^Nit and tody, shall have the like Power as is given in the Ci^ before
ordering Main- mentioned to inquire into and ascertain the last legal Settle^
tenanoe. ment of such Insane Person, and also to make the like Order

or Orders for the Payment of such Person's Maintenance and
of other Charges i^ above mentioned.

IV. Pro-

1840. Insane Priaoners. Cap. 54. 809

IV. Provided always, and be it enacted, That if any Person Persons ag-
shall feel aggrieved by any Order of any Justices as aforesaid, grieved may
such Person may appeal to the Justices of the Peace at the next ^^ of^the****
Quarter Sessions of the Peace to be holden in and for the Justices.
Coanty, City, Borough, or Place where the Matter of Appeal

shall have arisen, the Person so appealing having given to the
Justices against whose Order such Appeal shall be made Ten
Days Notice of his or her Intention to make such Appeal ; and
the said Justices at such Sessions are hereby authorized and
required to hear and determine the Matter of such Appeal in
a summary Way, and to make such Determination as they shall
think proper, and shall and may also award such further Satis-
faction to the Pbrty injured, or such Costs to either of the
Parties, as they shall juci^e reasonable and proper ; and every
such Determination shall be final and conclusive to all Intents
and Purposes whatsoever, and no Certiorari shall be allowed.

V. Provided also, and be it enacted. That the Overseers of Overseen or
the Parish in which the Justices shall adjudge any Insane Person Guardians may
to be settled, or in case such Parish be comprised in a Union, SeOrderof *
or be under the Management of a Board of Guardians, then the Justices oo
either the Guardians of such Union or Parish (as the Case may ***® Parish,
be), or the Overseers of such Parish, may appeal against such

Order to the General Quarter Sessions of the Peace to be holden
fbr the County, City, Borough, or Place where such Order shall
be made, in like Manner and under like Restrictions and Regu-
lations as against any Order of Removal, giving reasonable
Notice thereof to the Clerk of the Peace of such County, City,
Borough, or Place, who shall be Respondent in such Appeal,
which Appeal the Justices of the Peace assembled at the said
General Quarter Sessions are hereby authorized and empowered
to hear and determine in the same Manner as Appeals against
Orders of Removal are now heard and determined.

VI. And be it enacted. That so much of an Act passed in 9 G. 4. c. 40.
the Ninth Year of the Reign of His Majesty King George the »• ^^- 'cpe^l^d.
Fourth, intituled An Act to amend the Laws for the Erection and
Seguhtion of County Lunatic Asylums^ and more effectually to

provide for the Care and Maintenance of Paxeper and Criminal
Lunatics^ in England, as relates to the Removal of any Person
imprisoned under Sentence of Imprisonment or Transportation
to any County Lunatic Asylum or other proper Receptacle,
shall be and the same is hereby repealed.
VIL ' And whereas by the said last-mentioned Act it was So much of
among other things enacted, that it should be lawful for Two ^ ^- '*• ^' ^^•
Justices of the Peace of the County where any Person should ^ orABtTfor
be kept in Custody as an Insane Person by Order of any the Payment of
Court, or by His Majesty's Order subsequent thereunto, to ^^^ ^^^^
inquire into and ascertain the Setdement and Circumstances Maintenwceof
of such Insane Person, and to make Order for the Payment insane Pri-
of such weekly Sum for his or her Maintenance as One of His "*"f"i^^_^
Majesty's Principal Secretaries of State should, by Writing ^ of State*
under his Hand, from Time to Time direct : And whereas it repealed,
is expedient that so much of the said Act as relates to such

^ Direction

310

Cap. 54, 55.

Insane .Prisoners*

8 & 4 Vict,

Rules for Inter-
pretation of
this Act.

Linnitation of
Act.

Act may be
amended this
Session.

^ Direction to be given by such Secretary of State should be
• repealed, and other Provisions made in the Place thereof:'
Be it therefore enacted, That so much of tlie said Act as relates
to such Directions to be given by such Secretary of State shall
be and the same is hereby repealed; and that it shall be lawful
for such Two Justices, by Order under their Hands, to direct
the Overseers of the Parish in which they shall adjudge such
Insane Person as last aforesaid to be legally settled, or in case
such Parish shall be comprised in a Union declared by the
Poor Law Commissioners, or shall be under the Management
of a Board of Guardians established by the Poor Law Commis-
sioners, then the Guardians of such Union or Parish, as the
Case may be, to pay such weekly Sum for the Maintenance of
such Person as they or any such Two Justices shall, by Writing
under their Hands, direct.

VIII. And in order to remove Doubts as to the Meaning of
certain Words in this Act, be it enacted, That the Words
" Treasurer of the County, City, Borough, or Place " shall be
deemed to include any Officer in any County, Riding, Division,
Liberty, County of a City, County of a Town, Cinque Port, or
Town Corporate, who has the Custody of any Funds assessed
upon or raised in or belonging to such County, Riding, Division,
Liberty, County of a City, County of a Town, Cinque Port, or
Town Corporate, in the Nature of County Rates, and applicable
to the Purposes to which County Rates are applicable ; that the
Words '^ Insane Person " shall be deemed to include any Lu-
natic or dangerous Idiot; and that the Words ^' County, City,
Borough, or Place" shall be deemed to include any County,
Riding, Division, Libertj', County of a City, County of a Town,
Cinque Port, or Town Corporate; and the Word "Parish**
shall be deemed to include any Township, Hamlet, Tithing,
Vill, Extra-parochial Place, or ahy Place maintaining its own
Poor.

IX. And be it enacted. That this Act shall extend only
to England and Wales.

X. And be it enacted. That this Act may be altered, amended,
or repealed by any Act to be passed in the present Session of
Parliament

1€^

CAP. LV.

An Act to enable the Owners of Settled Estates to
defray the Expence of draining the same by way of
Mortgage. [4 th August 1840.3

"l^HEREAS much of the Land in England and Irehmd
^ would be rendered permanently more productive by
improved Draining, and nevertheless, by reason of the great
Expence thereof, Proprietors having a limited Interest in
such Land are often unable to execute such Draining : And

• whereas

1840. SetSed Estates Drainage. Cap. 55. 811

< whereas it is expedient, as well for the more abundant Produc-

< tion[of Food as for the increased Employment of Farming

< Labourers, and the extended Investment of Capital in the

* permanent Improvement of the Soil, that such Proprietors
' should be relieved from this Disability, due Regard being

* bad to the Interests of those entitled in Remainder:' Be it
therefore eniUsted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the ^me. That from and after the Tenants for
passing of this Act it shall and may be lawful for any Tenant ^^^ may apply
for Life^ or for a Term determinable on his or her Life, under chancery*for
any Will, Settlement, or other like Disposition, entitled in Pos- Leave to make
session at Law or in Equity to any Lands in Enffland or Ireland^ Improvements,
(or the Guardian or Guardians of any Infant, on the Behalf of
Boch Infant so entitled as aforesaid,) to apply by Petition to
Her Majesty's Court of Chancery or Exchequer in England or
Momd for Leave to make any permanent Improvements in the
Lands to which he or she shall be so entitled, or any Part
thereof, by draining the same with Tiles, Stones, or other
durable Materials in a permanent Manner; and in every such
Petition shall be specified the Improvements proposed to be
made, and the estimated Cost thereof, and of all Matters in-
cidental thereto ; and every such Petition shall be referred to a
Master of the said Court of Chancery, or to a Master, or in Ire^
land to the Chief or Second Remembrancer of the Court of
Exchequer, to inquire into and ascertain the Propriety of such
Improvements being effected; and such Master or Chief or
Second Remembi*ancer shall and he is hereby required to call
for such Plans and Estimates and Specifications in relation to
the said proposed Improvements as he shall think fit; and
the Master or Remembrancer shall make his Report respecting
such Proposal; and the Court to which any such Application
shal] be made shall make such Order upon such Petition and
Report as such Court shall think fit.

II. Provided always, and be it enacted, That a Copy of every Copy of Peti-
such Petition shall be served Twenty-one Days at the least be- *'^"^^ ^^^
fore the hearing thereof upon the Person or Persons beneficially huerested!
entided at Law or in Equity to the first vested Estate of Free-
hold of Inheritance in Remainder after the Estate of the
Tenant for Life, but if any of such Persons shall be of unsound
Mind, or linder the Age of Twenty-one Years, or under any
other legal Disability, or beyond the Limits of the United
Kingdom of Great Britain and Ireland^ then a Copy of such
Petition shall be served, on his, her, or their Behalf, upon
such Person or Persons respectively as the said Court of Chan- y — ^^ ^ ^/
eery or Court of Exchequer to which the said Petition shall ^ ""^^i^f^^^
preferred shall appoint for that Purpose ; and every Person upon "^^^^ y^ ^*r
^hom a Copy of any such Petition shall be so served shall be ^^^jj^j^t^ ***' ^

at liberty to attend before the Master or Remembrancer to
whom such Petition shall be referred, and to consent or* object
to the Proposal contained in such Petition ; and any Person

appearing

312 Cap. 55. Settled Estates Drainage^ 8 & 4 Vict;

appearing before the Master or Remembrancer on any such
Petition may also appear before the Master or Remembrancer,-
previously to his signing any such Certificate as after mentioned,
for the Purpose of producing any Objection to the Mode in
which any such Improvements as after mentioned may have
been executed ; and all the Costs attending any such Applica-
tion, and of the Party so served, shall be paid by the Party
making such Application as aforesaid.
Tenants for HI. And be it enacted, That if it shall appear to the Satisfao-

Imprc^mratB* tion of such Master or Remembrancer, on the Report of One or

more Surveyors to be appointed or approved of by the said

Master or Remembrancer, that it will be for the Benefit of

such Lands that they should be so drained, and such Report

shall be confirmed by the said Court, then it shall be lawful for

the Tenant for Life, or such Guardian or Guardians as aforesaid,

who shall have presented such Petition, to make and execute

such Improvements accordingly.

After Improve- IV. And be it enacted. That in every Case where the said

ments have been Court of Chancery or ikchequer shall have made an Order

^rtai^what* Sanctioning the Execution of any such Improvements of any

Money has been Lands, and such Improvements or any Part thereof shall have

properly ex- been made accordingly, it shall be lawful for the Master or

oSeHttobe*^ Remembrancer whose Report shall be so confirmed by the

charged. sdd Court, by a Certificate under his Hand to be filed in the

said Court, on having Satisfaction that the Money had been
properly expended, to authorize any such Person so entitled
as aforesaid, or the Executors or Administrators of such
Person, or such Guardian or Guardians of such Infant as afore-
said, by Deed in Writing, to charge all or any Part of the
Lands so drained as aforesaid, or any other Lands subject to
the like Uses or^ Trusts as the Lands so drained, with the Pay-
ment to any Person or Persons willing to advance the same of
the Amount of the Money which may have been so expended,
and so firom Time to Time as any Money shall • be so ex-
pended, together with Interest thereon after any Rate not
exceeding Five Pounds per Centum per Annum firom the Time of
making the Charge, but so nevertheless that in any such
Charge it shall be provided that the Principal Sum charged
shall be paid off by equal yearly Instalments, such Instalments
not to be less than Twelve nor more than Eighteen, the Number
of such Instalments to be determined and recommended by the
said Master or Remembrancer in his Report, and such Number
of the said Instalments to be diminished or increased at the Dis-
cretion of the said Master, according to the greater or leas
Improvement sho^Ti to have been made by such Draining ; and
for the Purpose of securing such Monies to be so charged 4t
shall be lawful for the Person making such Charge to demise
the Hereditaments to be charged for any Term or Number of
Years, by reason whereof the Rents and Profits of the said
Hereditaments shall be applicable to the Payment of the said
Monies so to be charged as aforesaid, but so as such Term be
made to cease on the Payment of the Monies charged : Pro-
vided

1840. SettM Estates Drainage. Cap. 55,56,. 813

yided nevertheless, that such Person making such Charge, and
every succeeding Tenant for Life, or Tenant for Tferin of
Years determinable on his or her Life, shall be bound to keep
down the Interest and Instalments to be charged, or any Rent*
charge to be charged as after mentioned; and the Lanjds charged
shall not (except as against any Tenant for Life or other Person
liable to pay such Instalments and Interest or keep down such
Rent-charge) be liable to pay* more than Six Months of any
Interest, and One Half of any Instalment^ or pay more than
Half a Year's Rent-charge, which is hereby directed to be
kept down as aforesaid : Provided nevertheless, that if any
Person shall be willing to advance to any Person hereby autho*
rized to make such Charge as aforesaid the Amount he or she
may be so authorized to charge in consideration of a Rent-
charge for a Term of not less than Twelve nor more than
Eighteen Years, then such Person so authorized to charge, in-
stead of charging the said Hereditaments with such Instalments
and Interest as aforesaid, may charge the same \nth a Rent-
charge for any such Period as aforesaid, so as that the said
Master or Remembrancer shall in his said Report approve of
the Substitution of a Rent-charge, and of the Amount to be
charged, and shall ascertain and determine the Number of
Years for which the same shall be granted (such Number of
Years to be ascertained in the same Manner as is before directed
with respect to the ascertaining the Amount of such Instalments
as aforesaid) : Provided also, that no Person shall be entitled
to make any such Charge as aforesaid unless it shall be
stated in the Report of such Master or Remembrancer that
it hath been made to appear to him by the Report of such
Sorveyor that the annual Value of the Lands so drained is in-
creased by such Draining to an Amount equal to Seven Pounds
pfT Centum at least on the Sum to be charged.>

V. And be it enacted. That this Act may be amended or re- Act maybe
pealed by any Act to be passed during the present Session of ^^^^ *^'
Parliament. °°'

CAP. LVI.

An Act further to regulate the Trade of Ships built and
trading within the Limits of the East India Com*
pany's Charter. [7th August 1840.]

' WHEREAS by an Act passed in the Fifty-fiftli Year of

* the Reign of His late Majesty King George the Third,

* intituled An Act to make further Regulations for the Registry of ssG.s, die
' Ships built in India, it was enacted, that nothing in that or in

^ the therein-recited Acts or in any other Act contained should
' subject any Ship or Vessel built or to be built within the

* Limits of the Charter of the JSast India Company, which
' should not be of the Burthen of Three hundred and fifty

* Tons, or any Ship or Vessel built within the Limits of the

« Charter

3U

Cap. 56.

East India Shipping.

8 & 4 Vict.

4 G.4. C.41.

4 G. 4. c. 80.

S&4W.4.C.59.

3 &4W.4.C 55.

Charter of the said Company, then the Property of any of
His said Majesty's Subjects within the Limits aforesaid, and
employed in Trade as theretofore solely within the said
Limits, including the Cape of Good Hope^ or any Ship or
Vessel which then was, or at any Time before the First Day
of Jamtary in the Year One thousand eight hundred and
sixteen should be, building within the Limits aforesaid, on
account of any of His said Majesty's Subjects within the said
Limits, and should be employed in Trade solely within the
said Limits, including the Cape of Good Hope, to any Penalty,
Forfeiture, Disability, or Impediment, by reason of such Ship
or Vessel not being registered, and not being BriHsh-huiltj
or to affect the Property or any Transfer of Property in any
6uch Ship or Vessel as aforesaid which should not be regis-
tered : And whereas by an Act passed in the Fourth Year of
His late Majesty King George the Fourth, intituled Jn Act for
the registering of Vessels^ and by another Act passed in the
same Session, intituled Ait Act to consolidate and amend the
several Lmids now in force with respect to Trade from and to
Places within the Limits of the Charter of the East India Com-
jpony, and to make furfher Provisions with respect to such Trade ;
and to amend an Act of the present Session of Parliament j for the
Registry of Vessels^ so far as it relates to Vessels registered in
India, the said recited Act of the Fifty-fifth Year of King
the George Third was repealed: And whereas by an Act
passed Jin the Session held in the Third and Fourth Years
of the Reign of King William the Fourth, intituled An Act
to regulate die Trade of Hie British Possessions abroad, it was
among other things enacted, that all Ships built at any Place
within the Limits of the East India Company's Charter prior
to the First of January One thousand eight hundred and
sixteen, and which then were and had continued ever since
to be solely the Property of His Majesty's Subjects, should
be deemed to be British Ships for all the Purposes of Trade
within the said Limits, including the Cape of Good Hope :
And whereas, under and by virtue of an Act passed in the
same Session, intituled An Act for the registering o^ British
Vessels, Ships or Vessels built in any Ports in the Territories
under the Government of the said Company, being owned
by Britidi Subjects, and being registered in manner therein
provided for, are entitled to all the Privileges and Advan-
tages of a British registered Ship ; but it is expedient further
to regulate the Trade of Ships built and trading within the
Limits of the East India Company's Charter, including the
Cape of Good Hope and the Territories and Dependencies
thereof and in the meantime to restore- to the Ships or Vessels
so described as aforesaid in the said recited Act of the Fifty-
fifth Year of King George the Third the Enjoyment of the
Privileges to which they were thereby entitled ; and <tt is
fit that Indemnity should be afforded in respect of the Con-
sequences of the Repeal of such Privileges by the said Acts
of the Fourth Year of King George the FourUi, or either of

« them:'

l8i0. Easi India Shipping. Cap. 56. 815

< them:' Be it therefore enacted by the Queen's most Excellent
Majesty, by and witli the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and by the Authority of the same. That Until Procla-
in the meantime and until such Declaration by Proclamation "J"^***"* *"
shall be made by the Governor General in Council as herein- entitled to Privi-
after is authorized, as well all Ships mentioned in the said leges given by
Enactment contained in the said first-recited Act of King 55G.S. ciie.
William the Fourth, as also all other Ships or Vessels so as
aforesaid described in the said Act of the Fifty-fifth Year of the
Reign of King George the Third, shall have and enjoy the same
Privileges as were thereby given to such Ships or Vessels.

II. And be it enacted, That for all Purposes of Indemnity This Act to
and Discharge from all Actions, Suits, Prosecutions, Penalties, ^*^« **>« ■*"«
Forfeitures, Disabilities, or Impediments, and for 8^11 Purposes 55 ots^c. lie.
of confirming and giving Validity to all Sales, Assignments,
Mortgages, Contracts, Engagements, Bonds, Policies of Assur-
ance, Gifts, Bequests, Rights, Titles, Interests, Matters, and

Tiling whatsoever, which but for the said recited Repeal of the
said Privileges would have been valid and^ effectual in Law, and
for all other beneficial Purposes whatever, this Act shall have
the same Force and Effect as if the said Act of the Fifty-fifth
Year of the Reign of King George the Third had never been
repealed.

III. And be it enacted, That it shall be lawful for the Governor
Governor General of India in Council, by Proclamation, to toXu^haf
declare that all Ships or Vessels built or to be built within the ships shall be
Limits of the Charter of the East India Company, being owned considered as
by Her Majesty's Subjects for whom the said Governor General ®"^^-

in Council has Power to legislate, and belonging, under the
Regulations herein-after provided for, to any Ports in the Ter-
ritories under the Government of the said Company, shall be
deemed to be British Ships for all the Purposes of Trade within
the said Limits, including the Cape of Good Hope and the
Territories and Dependencies thereof; provided that upon such
Declaration being made the said Governor General in Council
shall, and the said Governor General in Council is hereby ac-
cordingly empowered to make Regulations, to be enforced by
suitable Penalties, concerning the registering, licensing, and
ascertaining the Admeasurement of the Tonnage and Burden,
and generally for the Trading within the Limits aforesaid of
such Ships or Vessels, any thing in any Act to the contrary
notwithstanding ; which Regulations shall be of equal Force
and Effect with any Laws and Regulations which the said
Governor General in Council is authorized to make, but shall
be subject to Disallowance and Repeal, and shall in the, same
Manner be transmitted to England^ and be laid before both
Houses of Parliament, as in the Case of any other Laws or
Regulations which the said Governor General in Council is
now by Law empowered to make.

ly. « And whereas it may be expedient to admit to similar Ships belonging
* Privileges and Advantages any Ships or Vessels belonging to powere^may be
[No, 21. Price 2d,] X * Native admitted to

816

Privileges of
British Ships.

Cap. 56.

East India Shipping.

3&4Vicr.

Giving legal
Validity to Acts
of Governors of
Presidencies for
regulating
Trade.

Provisions of
Act for regis-
tering British
Vessels to have
full Force in
Bast Indian
Territories.

* Native Princes or States in subordinate Alliance with or
' having subsidiary Treaties with the East India Company, or

* owned by Subjects of any such Princes or States;' be it
therefore enacted, That the Governor General of India in
Council may by such Regulations as aforesaid, such Regulations
being subject as aforesaid, admit to the Privileges and Advan^
tages of British Ships, for the Purposes of Trade within the
Limits of the Charter of the said Company, including the Cape
of Good Hope and the Territories and Dependencies thereof, or
to any of such Privileges and Advantages, any Ships or Vessels
belonging to such Princes or States or any of them, or owned
by Subjects of any such Princes or States; but any such Regu-
lations shall provide for the granting to such Ships or Vessels
fit and convenient Licences or Passes, and generally for the
Trading within the Limits aforesaid of such Ships or Vessels.

V. * And whereas Vessels exceeding the Burden of Three
hundred and fifty Tons, built in Ports within the Limits of
the East India Company's Charter since the First Day of
January One thousand eight hundred and sixteen, and owned
by British Subjects, and Vessels built in Ports within the
Limits aforesaic^ owned by Native Princes or States in sub**
ordinate Alliance with or having subsidiary Treaties with the
East India Company, or by the Subjects of such Princes or
States, may have heretofore engaged and may be now engaged
in Trade within such Limits, under some Licence^ Authority,
or Sanction of the respective Governments of the several
Presidencies in India; and it is expedient that full legal
Validity and Effect should be given to all Acts of the said
Government respectively in reference to any Trading;* be it

therefore enacted. That all Acts and Documents whatever, done^
given, or issued by any of the said Governments in reference
to the Trading of the Two Classes of Vessels last herein-before
mentioned, shall be deemed and construed to have had for all
Purposes full legal Validity and Effect from the respective
Times when such Acts and Documents may have been done,
given, or issued respectively, and shall for all Purposes continue
to have such Validity and Effect until the Governor General of
India fn Council shall make other Provisions in respect of the
trading of such Classes of Vessels respectively under the
Authority of this Act.

VI. * And whereas Doubts have been entertained whether

< the Provisions and Remedies enacted and contained in an

* Act passed in the Session held in the Third and Fourth Years

< of the Reign of His late Majesty King William the Fourth,

* intituled An Act for the registering o^ British Vessels^ in Cases

* of the wilful Detention and Refusal to deliver up the Certifl-

* cate of the Registry of any Ship or Vessel to the proper

* OflScer or other Persons authorized and entitled in that Behalf^

* as in the said last-mentioned Act is specified, extend to and

* are in force in the Territories under the Government of the

* East India Company ; and it is expedient that such Doubts
^ should be removed;' be it therefore declared and enacted,

-That

1840. EaH India Shipping. Cap. 56. Sl7

That the said several Provisions and Remedies in the said
last-mentioned Act contained touching the wilful Detention of
such Certificate of Registry, or the absconding of any Person
in Possession of the same, shall be deemed and taken to eictend
to and shall extend to and be in force in the said Territories
under the Government of the Eatt India Company.

VII. And be it enacted, That wherever in and by the said Mottendiwcted
Act it is directed or provided that any Act, Matter, or Thing ^^^*SS™**
shall and may be done or performed by, tO) or with the Oo» Ternon of any
vernor, Lieutenant Governor, or Commander in Chief of any pKticiikr pum
Place where any Ship or Vessel may be registered under the fo^ndf mPre-
Authority of the same Act, the same shall or may be done woee of Go-
or performed in the Territories under the Government of the ▼emor General
Bad India Company by, to, or with the Governor General of ^ ^^"^^ ***
India in Council, or the Governor of the Presidency of JFbrf
WiUiam in Bengal, or the respective Governors in Council or
Governors of the Presidencies of Fart Saint George and Bombay,
or the Governor of Prince of Wales Idand, Singapore, and Ma^
ItEcco, or the respective resident Councillors at Singtxpore and
Malacca, according to Circumstances, and as the Case may be*

yilL And be it enacted. That in all Cases in which by the 5°J^°* .
said last-mentioned Act it is made lawful for any Governor, ^JJ^cSSfc
Lieutenant Governor, or Commander in Chief of any of Her
Majesty's Colonies, Plantations, Islands, or Territories, and they
are thereby authorized and required, if any Suit, Information,
Libel, or other Prosecution or Proceeding, of any Nature or
Kind whatever, shall have been commenced or shall hereafter
be commenced in any Court whatever in any of the said Colo*
nies, Plantations, Islands, or Territories respectively, touching .
the Force and Effect of any Register granted to any Ship or
Vessel, upon a Representation made to any such Governor,
Lieutenant Governor, or Commander in Chief, to cause all
Proceedings thereon to be stayed, as in the said last-mentioned
Act is provided, it shall be lawful, in the Territories under the
Government of the East India Company, for the Governor
General of India in Council, or the Governor of the said Pre-
sidency of Fort William in Bengal^ or for the respective Go-
vernors in Council or Governors of the said Presidencies of
fort Saint George and Bombay, or the Governor of Prince of
Wake Island, Singapore, and Malacca, according to Circum-
stances, and as the Case may be, and they are respectivelv
authorized and required, if any such Suit, Information, Libel,
or other Prosecution or Proceeding whatever shall have been
commenced or shall hereafter be commenced in any of Her
Majesty's Courts whatever, in or in any Place subordinate to
the said several Presidencies, or the Government of Prince of
Wales Island, Singapore, and Malacca respectively, touching the
Force and Effect of any Register granted to any Ship or
Vessel, upon a Representation made to any such Governor
General of India in Council, or Governor of the said Presidency
of Fort WiHiam in Bengal, or Governors in Council or Governors
of the said Presidencies of Fort Saint George and Bombay respec-

X 2 tively,

818

CoDstruction
of Term.

Cap. 56, 57.

Sugar {ExcUe) Duties,

8&4VICT.

tively, or such Governor of Prince of Wales Idandj Singapore, and
Malacca^ according to Circumstances, and as the Case may be^
to cause all Proceedings thereon to be stayed, if he shall see
just Cause so to do, until Her Majesty's Pleasure shall be known
and certified to him by Her Majesty, by or with the Advice
of Her Majesty's Privy Council ; and such Governor General
of India in Council, or Governor of the said Presidency of
Fort William in Bengal^ or Governor in Council or Governor of
the said Presidencies of Fort Saint George and Bombay respec-
tively, or such Governor of Prince of Wales Island^ Singapore, and
Malacca respectively, is hereby required to transmit to the Court
of Directora of the East India Company, to be by them forth-
with forwarded to the President of the. Board of Commissioners
for the Affairs of India, to be laid before Her Majesty in Coun-
cil, an authenticated Copy of the Proceedings in every such
Case^ together with his Reasons for causing the same to be
stayed, and such Documents properly verified as he may judge
necessary for the Information of Her Majesty.

IX. And be it enacted. That the Term « Limits of the
East India Company's Charter " shall for all Purposes of this
Act be construed to mean all Places and Seas Eastward of the
Cape of Good Hope to the Straits of Magellan,

f/^<^o /3

7 W. 4. &
1 Vict. c. 57

S&4yict c. 17.

CAP. LVIL

An Act to impose Duties of Excise on Sugar manu-
factured in the United Kingdom.

[7th August 1840.]

TIT" HERE AS an Act was passed in the First Year of the
Reign of Her present Majesty, intituled An Act to
impose certain Duties of Excise on Sugar made front Beet Soot
in the United Kingdom, whereby a Duty of Excise of One
Pound Four Shillings was imposed on every Hundred Weight
of Sugar manufactured in the United Kingdom from Beet
Root : And whereas an Act was passed in this present Ses-
sion of Parliament, intituled An Act for gracing to Her
Mqjestg Duties of Cfustoms, Excise, and Assessed Taxes, whereby
an additional Duty or Charge of Five Pounds per Centum was
imposed upon the Produce and Amount of all the several Duties
and Revenues of Excise, except upon the Produce and
Amount of the Duties of Excise on Horses let to hire^ and
on Licences taken out by Persons letting Horses to hire, and
upon the Produce and Amount of the Duties on Spirits
made and distilled in the United Kingdom: And whereas
since the passing of the said first-recited Act Sugar has been
manufactured and is now making in the United Kingdom
from Potatoes, Rice, and other Materials, and it is therefore
expedient to extend the said Act, and to impose on all
Sugar, from whatever Materials made in the United King-
dom, the same Duties as are by Law payable ou Sugar made

* from

1840. Suffar (Excise) Duties.--- Poddk River. Cap.57,5& 319

* from Beet Root:' Be it therefore enacted by thie Queen's

most Excellent Majesty, by and with the Advice and Consent

of the Lords Spiritual and Temporal, and Commons, in this

present Parliament assembled, and by the Authority of the

same. That there shall be charged, raised, levied, collected. The Duty on

and paid on every Hundred Weight, and so in proportion for ^®^ ^'^^^L.wi

any greater or lesser Quantity, of all Sugar manufactured in the otSTsq^^

United Kingdom, from whatever Materials made, the same nude in the

Amount of Duty as is by Law payable on Sugar made or United Kbg-

manufactured from Beet Root.

II. And be it enacted. That the said Duties by this Act !>"»»«« ^ be
imposed shall be under the Management of the Commissioners ^^^^°*"
of Excise, and the same shall be charged, raised, levied, collected. Excise, and
and recovered, applied, and accounted for under the Enactments "ued under
and Provisions of the said first-recited Act and in such and the ^"^™*' ^^^^
like Manner, and in and by the same Means, Ways, or
Methods, by which any other Duties of Excise, are or may

be charged, raised, levied, collected, and recovered, applied,
and accounted for ; and the said first-recited Act, and all and
every other Act or Acts relating to the Duties of Excise^ and
all and every Fine, Pain, Penalty, and Forfeiture, of any
Nature or Kind whatsoever, for any OflTence against or in
breach of the said recited Act, or any other Act or Acts for
securing the Duties of Excise, or for the Regulation thereof,
in force immediately before the passing of this Act, and the
several Clauses, Powers, and Directions therein contained, shall
and the same are hereby respectively directed and declared to
extend to, slnd shall be applied, practised, and put in execution
for and in respect of the Duties of Excise by this Act imposed,
in as full and ample Manner as if all and every the said Act
and Acts, Clauses, Provisions, Powers, Directions, Fines, Pains,
Penalties, and Forfeitures were repeated and re-enacted in this
Act

III. And be it enacted, That all Sweets and Saccharine Sweets, &c.
Matter which shall resemble or be in the Form or Imitation ^^^^cctdST
of Sugar, or which shall be capable of being used as a Sub- sugw.
stitute for Sugar, shall be deemed and taken to be Sugar

within the Meaning of this Aqt

IV. And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed in this present Session of ^^ *"
Parliament.

CAP. Lvni.

An Act to amend the Acts relating to the River Pod-
die in the County and City of Dublin.

[7th August 1840.]

* y^ HERE AS an Act was passed in the Parliament of /re-

* ^^ land in the Thirty-sixth Year of the Reign of His Ma-

* jesty King George the Third, intituled An Act for prenenting the 36 ^' 3. (I.>

X 3 \ Inundations

880

Cap. 5&

Poddk River.

8&4Vic?r.

171(18 Car. 9,
(I.)

Inundations of the Poddle River in Dablin^ and far preeervinff
the Cathedral Church of Saint Patrick and the MouMet of the
adjoining Inhabitants from the Damages arising therefrom^^
whereby, after reciting a certain Act made in the said Par^
liament of Ireland in the Seventeenth and Eighteenth Years
of the Reign of His Majesty Charles the Second, intituled An
additional Ad to the Act intituled ^ An Act for the cleansing of
the Watercourse in Saint Patrick Street,' certain Commissioners
were appointed for carrying into effect the Purposes of the
said Acts, and were empowered from Time to Time to lay
such Tax or Assessment as they should think sufficient upon
the Dean, Dignitaries, and Prebendaries of the Cathedral
Church of Saint Patrick^ Dublinj and upon every House in
the Liberties or Baronies of Saint Sepulchre^s and Thomas
Court and Donore', and upon every House then built or
thereafter to be built situate in the City of Dublin or in the
adjoining Liberties or Baronies of Saint Sepidchn^s, Thomas
Court, and Donore, or in the County of DubliUy and which
Houses were or should be also liable to the Tax for the
Support of the Workhouse or Foundling Hospital, and under
which Houses the Watercourse described in the said Acts
runs or should run, or from whence any Water should flow
through any Sewer or Drain into the said Watercourse, and
upon every House then built or to be built on the Sides of
Streets in the said City of DubKn^ or in the said adjoining
Liberties or Baronies, or in the County of Dublin^ and which
Houses were or should be also liable to the Tax for the Sup*
port of the Workhouse or Foundling Hospital, the Kennels
of which Streets empty and discharge themselves into the
said Watercourse, or into any Sewer or Drain communicating
with or leading or running into the said Watercourse, a cer«
tain Tax not exceeding in any One Year One Shilling in the
Pound Sterling of the respective yearly Values or Rents
according to which such Houses were or should be respec-
tively chargeable to the Tax for the Support of the said
Workhouse or Foundling Hospital, such Tax to be equally
rated and assessed, by Warrant under the Hands and Seals
of the said Commissioners, upon the several Inhabitants of
such respective Houses as aforesaid, provided the Amount
^f the said Rates, Imposition, or Cess should not exceed the
Sum of Three Pounds for any One House in any One Year,
and should also rate and assess upon the Dean, Dignitaries,
and Prebendaries of the said Cathedral Church of Saint
Patrick, and on His Majesty's Castle of Dublin, and the Pre-
cincts thereof, comprehended within the Places from whence
the said Waters descend into the said Watercourse, and
through which the said Watercourse runs, such Rate and
Assessment as the said Commissioners should think reason-
able : And whereas many of the Houses formerly liable to
the said Assessment have, by reason of the Change of Levels,
and by the Construction of Sewers communicating with the
River Lijffeg and not with the said River Poddh^ ceased to

«.be

IMO. Poddk River. Cap. 58. 821

be in Circumstances contemplated by the said Acts as ren-
dering them properly chargeable for the Purposes aforesaid,
and others of the said Houses so formerly liable are in many
Instances occupied by poor Persons who are unable to bear
the same : And whereas the said River Poddk has been used
as a Drain for Her Majesty's Castle of Dublin and for the
said Cathedral Church of Saint Patrick^ and the Precincts
thereof respectively, but is in its present State insufficient
effectually to drain the same as well as the adjoining District,
and the said Castle of Dublin and the said Cathedral may
thereby sustain considerable Ii\jury; and it is therefore rea-
sonable that a Proportion of the total annual Expence of
improving and maintaining the said Drainage should be
defrayed by an Assessment on Her Miyesty's Castle of Dublin
and on the said Cathedral : And whereas it is expedient, for
the more effectual Execution 6f the Purposes of the said Acts,
to transfer to the Commissioners for paving, cleansing, and
lighting the Streets of Dublin the Powers and Authorities
vested in the Commissioners appointed under the said recited
Acts, and to make other Provisions for more effectually carry-
ing the said Acts into execution :' Be it therefore enacted by
tbe Queen's most ExceUent Majesty, by and with the Advice
and Consent of the Lords Spirituid and Temporal, and Com-
mons, in this present Parliament assembled, and by the
Anthority of the same. That from and after the Commencement On Commenco.
of this Act all the Powers, Rights, Duties, and Authorities be- ™«"* ^ *}>»
longing under the said recited Acts to the Commissioners con- mSli^ners^™'
stituted or appointed thereunder, or by the said recited Acts, under recited
or any of them, given to or imposed upon such Commissioners, ^^^ ^^ ««•"
shall cease to be exercised by the said Commissioners, and Po^cra uiweby
shaU, lave as such Powers, Duties, and Authorities may be by given, wbioh
this Act varied or curtailed, be thenceforward transferred to, ^^^ *»«»-
imposed upon, and vested in and exercised by the Commis- rabdonws o"'
sioners for paving, cleansing, and lighting the Streets of Dublin^ Paying,
appointed or hereafter to be appointed under the Provisions of
an Act passed in the Forty-seventh Year of the Reign of His
Majesty King George the Third, intituled An Act for the more 47 G. s. c. cix,
^educd Improvement of the City of Dublin and the Environs
Aireof and of another Act passed in the Fifty-fourth Year of
the Reign of His said Majesty, intituled An Act to explain and 54e.s.o.oeMd.
onmd an Act passed in the Forttf'sevenih Year of His present
Mi^est^s Reiffnyfor the more effectual Improvement of the City of
Dublin and the Enoirons thereof who shall therein enjoy all the
Powers, Privileges, and Advantages by the said first-recited
Aets conferred upon the Commissioners appointed thereunder.

II. And be it enacted, That the Appointments of the In- Appointment of
jpector. Collectors, Treasurer, and all other Officers, under the peciteTAcI Z
said Two first-recited Acts, shall cease and determine from and cease, and
after the Ccnnmencement of this Act; and. that the Duties Duties to be
and Authorities pertaining to their respective Offices shall be offic^ of ^
respectively exercised and performed by the Supervisoi*s of Commissionen
Works, Collectors of Taxes, Treasurer, or such other Officer of Paving.

X 4 or

322 Cap, 68. Poddk River. 3&4Vict

or Officers of the said Commissioners for paving, cleansing,
and lighting the Streets of DuUint and their Successors, as they
shall direct to perform the same, without any additional Salary
or Remuneration, other than such Poundage, not exceeding
Sixpence in the Pound, as the said Commissioners shall think
fit to allow the Collector or Collectors of the Rates to be im-
posed under this Act.
Number of III. And be it enacted. That all and every the Powers, of

^"'^eT^"^^ what Nature or Kind soever, by the said Two first-recited Acts
act ^' vested in the Commissioners appointed thereunder, and hereby

transferred to or vested in the said Commissioners for paving,
cleansing, and lighting the Streets of Dublin^ shall and may be
exercised by any Two or more of the said last-mentioned
Commissioners, eitlier personally or by Writing under their
Hands, or under their Hands and Seals, according to the
Nature of the Case; and that all Contracts, Orders, and
Proceedings of any Two or more of the said last-mentioned
Commissioners shall have the same Force and EfiPect as if made
or done by all the said Commissioners.
Book of Pro- IV, And be it enacted, That the said Conmiissioners shall
codings to be ^ausc their Secretary to enter in a Book or Books to be for that

Purpose provided Minutes of all their Proceedings under this
Act, and of the Name or Names of the Commissioner or Com-
missioners present thereat, and that such Minutes shall be signed
by the presiding Commissioner ; and such Book or Books shall
be received as Evidence of the Acts and Proceedings of the said
Commissioners in all Courts of Law or Equity.
All Fines and V. And be it enacted, That all Fines and Penalties re-
^*"^^ A ""t*^ coverable under the said Two recited Acts of the Seventeenth
bTrecoTered by ^^^ Eighteenth Years of the Reign of King Charles the Second,
Commissioners and of th<? Thirty-sixth Year of His Majesty King George the
of Paving. I'hird, or under this Act, shall and may be sued for and re-
covered by and in the Name of the said Commissioners for
paving, cleansing, and lighting the Streets of DubUrij and their
Successors, or in the Name of their Secretary for the Time
being, and shall, when recovered, be paid to the Treasurer of
the said Commissioners, and applied to the Purposes of the said
recited Acts and this Act
Rating Provi- VI. And be it enacted. That from and after the Commence-
ActeJlfpSid^ ment of this Act tlieherein-before recited Provisions of the said

last-recited Acts, authorizing the Commissioners appointed
thereunder to lay or impose or levy the Rate, Tax, or Assess-
ment therein mentioned, shall be and the same are hereby re-
pealed.

]^Jd?Md^Tied ^''* ^^^ ^" ^^^^ ^^ ^^^^^ * IPxaiA to carry the Purposes of
on Castle of the said recited Acts and this Act into execution, in lieu of
Dublin and the said Tax, Rate, or Assessment hereby abolished, be it
Chur^'of enacted, That the said Commissioners for paving, cleansing, and
St Patrick, and ^ig^^i^g the Streets ofDublirij and their Successors, shall, from
on the Houses Time to Time as often as they shall find it necessaxy after the
\?ate^uL^^ Commencement of this Act, and they are hereby empowered,

to impose and levy such Rate, Tax, or Assessment as they shall

think

1840. Poddk River. Cap. 5a 323

think sufficient, not exceeding Three hundred Pounds in any
One Year, to defray the Elxpence of carrying the said recited
Acts and this Act into execution, upon Her Majesty's Castle
of Dublin and the Precincts thereof, and upon the said Cathe-
dral Church of Saint Patrick^ Dublin^ and upon all and every
the Houses and Tenements situate within the Jurisdiction of
the said Commissioners for paving, cleansing, and lighting the
Streets of Dublin under which the said Watercourse called the
Paddle River runs or shall run, or from whence any Water
shall flow through any Sewer or Drain into the said Water-
course, and upon every the Houses and Tenements now built
or to be built on the Sides of Streets the Kennels of which
Streets empty and discharge themselves directly into the said
Watercourse, or into any Sewer or Drain communicating with
or leading or running into the said Watercourse ; and such
Rate, Tax, or Assessment shall be imposed and levied according
to and in the Proportions herein^after mentioned ; (that is to
say,) upon Her Majesty's said Castle of Dublin^ and the Pre-
cincts thereof a Sum not exceeding One Moiety of the entire
Amount of the said Bate, Tax, or Assessment, and upon the
said Cathedral Church of Saint Patrick^ Dublin^ a Sum not ex-
ceeding One Twelfth Part of the entire Amount of such Rate,
Tax, or Assessment, and upon all and every the Houses and
Tenements situate and being as aforesaid, a Sum not exceeding
five Twelfth Parts of the entire Amount of such Rate, Tax,
or Assessment.

VIII. And be it enacted, That the Rate or Rates so to be Ratcasseswdon
asaesaed on Her Majesty's Castle of Dublin^ and the Precincts J^^"" .^®
thereof, shall from Time to Time be paid and payable to BoardofWoriu,
the said Commissioners under this Act by the Commis- >n<i Rate on
sioDers of Public Works in Ireland; and the Rate or Rates ^^^ftlJeiTto
to be assessed on the said Cathedral Church of Sain/ Patrick^ bepaidbyDeao,
Dublin^ shall from Time to Time be paid and payable to the &c* out of the
said Commissioners under this Act by die Treasurer for the Economy Fuad.
Time being of the Dean, Dignitaries, and Prebendaries of
the said Cathedral Church, and his and their Successors,
OQt of the Economy Fund of the said Cathedral Church ; and
in case of Nonpayment sliall and may be recovered by all such
Ways and Means and Remedies by which any Sum or Sums
rated or assessed upon the Dean, Dignitaries, and Prebendaries
of the said Cathedral Church of Saint Patrick^ Dublin^ and
the said Castle of. Dublin, or either of them, under the said
Two first-recited Acts, or either of them, might or would have
been levied or recovered thereunder.

IX« And be it enacted. That the Proportion of such Rate so Rate to be a
to be assessed on the Houses and Premises situate and being as Poundage Rate
aforesaid shall be assessed and levied upon the said several ^luuef'^'^fae
Houses and Tenements rateably according to the net annual Poor.
Value thereof respectively as the same are now or shall from
Time to Time be hereafter valued and rated under an Act
pttsaed in the Session of Parliament holden in the First and
Second Years of the Reign of Her present Majesty, intituled

An

834 Gap. 5a PoddU River. 3&4Vicr,

iSt2Yiete.se. An Act fir the more effectual Relief of the deetitute Poor in Ire-
land ; and in making such Assessment for the Purposes of this
Act the like Exemptions and Deductions shall be allowed as
by the said recited Act of the First and Second Years of Her
present Majesty's Reign are directed in respect of the Rate for
the Relief of the Poor to be made thereunder.
Rates tq^ X. And be it enacted, That every Rate made under the

paid by Occu- Authority of this Act shall be paid to the Person authorised to
^'"' collect the same by the Person in the actual Occupation of the

rateable Property at the Time of the Rate being made from

whom such Rate shall be demanded, and on his Default then

by the Person subsequently in the Occupation of the rateable

Property from whom such Rate shall be demanded.

Rates to be re- XI. And be it enacted, That all the Rates, Taxes, and

^woM dSarae- Assessments by this Act made payable shall and may be re*

able therewith covered from the Person or Persons chargeable therewith as

in like Manner aforesaid bv Distress and Sale of the Goods and Chattels of

Ae^4^ such Person or Person, lying and being on the Pi«mises (saT«

54 Geo. s. the said Cathedfal Church and Castle of Dublin) chargeable

with such Rate, in like Manner as is provided and directed in
and by this Act and the said Two recited Acts of the Forty-
seventh Year and the Fifty-fourth Year of His said late
Majesty's Reign with respect to any Rates payable under the
said Acts.
Po^" of^^ XII. And be it enacted, That if the respective Person or
tress or ates. p^j^Q^g^ Body or Bodies, who are hereby made liable as afore-
said to the Rates assessed or to be ass^sed by virtue of this
Act or the said recited Act, shall neglect or refuse to pay to the
Collector of the said Commissioners any Sum or Sums of
Money which hath been rated or assessed or which shall be
rated or assessed on him, her, or them, or such Body or
Bodies, by virtue of this Act, or which they shall be otherwise
liable to piy, that then and. ia any such Case it shall and
may be lawful to and for the said Collectors, or any of
them, or other proper Officer duly authorized, by Warrant
under the Hand and Seal of the Commissioners, to enter
into and upon any . Part of the Premises (except the said
Cathedral Church and the said Castle of JOiibUn) which shall
be so in arrear or hereby made liable to Distress, and to distrain
the Goods and Chattels which shall be found thereon or
therein, and if the same shall not be replevied or Money
paid within Eight Days after such Distress made, together wim
the Costs attending the same, to be ascertained by the Com-
missioners, to sell the same, or so much thereof as shall be
sufficient to answer the said Rates or other Demand, and all
Costs attending such Distress and Sale, returning the Over-
plus (if any) to the Owner or Proprietor of such Goods and
Chattels ; or the said Commissioners may recover the same by
One or more Action or Actions, Bill or Bills, to be brought
against such Person or Persons, or against the Treasurer,
Secretary, or Clerk belonging to such Body or Bodies, in the
Name of the .Secretary of the said Commissioners, in any of

Her

1840. Poddte River. Cap.5& 83S

Her Majesty's Supericn* Courts in DuNith or by Civil Bill, in
tbe Name of the aaid Secretary^ in the Court of proper Ju-
risdiction.

XIIL Provided always, and be it enacted, That no House ^o House
or Premises shall be rated or assessed under this Act which is under 15/. net
or shall be valued under thisJAct at a lesser Sum than Fifteen ^^^"^
Pounds net annual Value. ^

XIV. And be it enacted, That where any House or Tene* Rates on Lodg-
ment shall be let in Lodgings to different Persons, and the ">g Houses to
Persons letting such Lodgings shall not reside in the said j^fjnljl^
House or Tenement, then and in every such Case the Per-

lons letting such Lodging, or the immediate Lessor or Les-
ion under whom all tbe different Holdings in such House or
Tenement shall be derived, shall be subject and liable to
the Payment of the said Tax thereon ; and if such Lodgers,
or any of them, shall pay the same, or any Part thereof, he,
ihe, or they shall be entitled to deduct the Sum or Sums so
paid out of his or her Rent for such Lodgings.

XV. And be it enacted. That it shall and may be lawful Powertoinspeet
for the said Commissioners, or any Person or Persons autho* Valuation for
rised by them, at all convenient Times, to inspect the Books ^^^ *****'

of Valuation and Rates made by the Boards of Guardians of
the Unions in which any House or Tenement liable to Assess-
ment under this Act shall be situate, in order to ascertain or
regulate the Rates and Assessments to be laid and raised by
virtue of this Act, and to take Copies and Extracts of and
from such Books respectively, which Inspection, Copies, and £x-«
tracts tlie respective Boards of Guardians, their Clerks and
other Officers, haying the Custody of such Books of Valuation
and Rates, are hereby required, to permit to be made and taken
without any Fee or Reward.

XVL Provided always, and be it enacted. That if any of All Houses not
the said Houses or Tenements shall not at the Time of any !?**^ for the
8ueh Assessment to be made under this Act have been valued valued by Com.
for the Rate for the Relief of the Poor as aforesaid, then and missioners.
in such Case it shall and may be lawful to and for the said
Commissioners, by Writing under their Hands, to nominate
and appoint any Three Persons conversant in Buildings whom
they shall think fit, to make and ascertain a Valuation of such
Houses and Tenements, which Valuation shall be returned to
the said Commissioners, with a Declaration thereunto annexed,
made before any Justice of the Peace for the County of the
City of DubUn, purporting that such Valuation was made by
the said Valuators, accordmg to the best of their Skill and
Knowledge, without Partiality or Favour to any Person or
Persons concerned or interested therein, according to the Mode
pursued and directed by the said recited Act for the Relief of
the destitute Poor in Ireland^ which Valuation so made shall,
for the Purposes of this Act only, and for no other Purpose,
be deemed Evidence of the annual Value of the same respec*
tiydy.

XVH. And

326 Cap. 58. PodtOe River. 3&4Vict.

Power to enter XVII. And be it enacted, That it shall and may be lawful
FremiMs to ^q ^^^d for the Said Commissioners or their Supervisor, or any
ma e epaire, ^^j^^j. pgfgQjj q^ Persons employed or authorized by Uiem, at

all convenient Times, to enter any Premises within the Juris-
diction of the said Commissioners which the said Commis-
sioners shall consider necessary for the Purpose of widening,
deepening, or cleansing the said River, or the Walls or Arches
thereof, so as to render the Sewage and Drainage more effec-
tual, making reasonable Compensation for any Injury thereby
done.
Commissioners XVIII. And be it enacted^ That it shall be lawful for the
may apply their g^id Commissioners, in defect of Funds under this Act, from
Puroo8w°of Time to Time to lay out and expend, out of the Monies accru*
this Act. ing to or vested in them under the said recited Acts of the '

Forty-sevendi and Fifty-fourth Years of the Reign of His
Majesty King George the Third, such Sum or Sums of Money,
not exceeding in any One Year Three hundred Pounds, as may
be required to carry into effect the Purposes of this Act: Pro-
vided always, that distinct Accounts shall be kept of all Monies
so advanced, and the Purpose to which the same may be applied,
and that the same, so soon as conveniently may be after an As-
sessment shall have been made under this Ac^ and the Money
so assessed shall be received or recovered by the said Com-
missioners, shall be repaid out of so much of the Monies
raised by Assessment under this Act as shall not be required
for the carrying into execution the Purposes of the said Two
first-recited Acts and of this Act.
Property to vest XIX. And be it enacted. That all the Estates and Effects,
'" ^^?°S^^°"" ^^ ^^^ Personal, and all Debts, Dues (save Arrears of Rates),
erso avmg. ^^^ ^jj Penalties of or belonging to or recoverable by the

said Commissioners appointed under the said Two first-recited
Acts in that Capacity, shall, from and after the Commencement
of this Act, be and they are hereby given to and vested in
and made payable to and recoverable by the said Commis-
sioners for paving, cleansing, and lighting the Streets of Dublin^
and their Successors, who shall have all such Remedies for
recovering the said Debts, Dues, and Penalties respectively as
by the said recited Acts or by this Act are provided for re-
ceiving and recovering any Debts, Dues, or Penalties there-
under; and that all Debts so due by the said Commissioners
under the said recited Acts in their Capacity as such Com-
missioners shall be borne and paid by the said Commis-
sioners for paving, cleansing, and lighting the Streets o{ Dublin^
out of the Monies to be raised and levied by virtue of this
Act.
Assessments, XX. And be it enacted. That upon the Commencement of

^A^ this Act the said Commissioners so appointed under the said

COTimi«ioDOT '^^'^ first-recited Acts, and their Secretary, Treasurer, Inspec-
of Paving. tor, and other Officers, shall deliver over to the s/aad Commis-
sioners for paving, cleansing, and lighting the Streets of Dublin^
all Assessments, valuations, Contracts, Books, and other Docu-
ments

1840. Poddle jRiver. Cap. 58. 337

ments relating to the several Purposes and Objects of the
said Acts.

XXI. And be it enacted, That in every Case where by Notices r©.
the said first-recited Act any Notice is provided to be given by quired by re-
or to the Inspector under the said Act it shall and may be law- ^^n ^^8^^!
fill for the Secretary of the said Commissioners for paving, tary of Com-
cleansing, and lighting the Streets of Dublin^ and he is hereby missionen.
authorized and directed, to give or receive siTch Notice as therein
provided, and such Notice shall be of equal Force and Validity
as any Notice to be given to or received by the Inspector under
the said AcL

XXIL And be it enacted, That it shall and may be lawful Power to con-
for the said Commissioners under this Act, and their Succes- ^^^"^
sors, from Time to Time to contract with a fit Person or fit
Persons for all or any Works necessary for the Purposes and
Objects of this Act, in like Manner as they are now empow-
ered to do for any Works under the said recited Acts of the
Forty-seventh and Fifty-fourth Years of the Reign of His late
Majesty King George the Third.

XXIII. And be it enacted. That in the Books of Account Distinct Ac.
of the said Commissioners distinct and separate Accounts shall ^^^ *® ^
be kept of the Produce of each and every distinct Tax, Rat^, ^ '

and Assessment hereby imposed, or directed to be raised,
levied, or paid, and what Sum or Sums shall have been paid
and applied to the Purposes of this Act respectively.

XXIV. And be it enacted, That the Accounts of the said md to be sub-
Commissioners under this Act shall be subject to the like Audit J*®* ^ Audit,
and Examination in all respects as the other Accounts of the

said Commissioners are or shall be by Law subject to.

XXV. Provided alwajrs, and be it enacted. That if any Per- Appeal to
son shall think himself or herself aggrieved by any thing done ^®^°°^ •
in pursuance of this Act, such Person may apply to the Justices

of the Peace at any General Quarter Sessions of the Peace to
be held for the City or County of Dublin^ as the Cause of Com«
plaint shall have arisen, and within Three Calendar Months
after such Cause of Action shall have arisen, such Appellant first
giving or causipg to be ^ven Twenty-one Days Notice at the
least in Writing of his or her Intention of bringing such Appeal,
and of the Matter thereof, to the Secretary of the said Com-
missioners, and within Two Days after such Notice entering
into a Recognizance before some Justice of the Peace of such
County or Place, which such Justice is hereby authorized |and
required to take, with Two sufficient Sureties, conditioned to
try such Appeal at the said Sessions, and abide the Order of
and pay such Costs as shall be awarded by the Justj^ces of
the said Quarter Sessions ; and the said Justices at such Ses-
sions shall, upon due Proof of such Notice being given, and
of such Recognizance being entered into, hear and determine
the Course and Matters oi such Appeal in a summary Way,
and award such Costs to the Party aggrieved as they shall
think proper, and their Determination shall be final and conclu-
sive to all Parties. .

XXVL And

S28 Cap. 5$, 59. « Law of Evidence^ Scotland. 3 & 4 Vict.

Expenotfof XXVI. Atid be it enacted, That the Costs, Charges, and

^^ Expences of preparing and procuring this Act shall be paid by

the said Commissioners for paving, cleansing, and lighting the
Streets of Dublin^ out of the first Monies to be received by virtue
thereof.
Publia Aot. XXVII. And be it enacted, That this Act sliall be deemed

and taken to be a Public Act, and shall be judicially taken
notice of as such by all Judges, Justices, and others*
Commencement XXVIII. And be it enacted. That this Act shall commence
of Act. , and take effect from and after the First' Pay of September One

thousand eight hundred and for^.
Aet maybe XXlX. And be it enacted, That this Act may be amended

amended Uik or repealed by any Act to be passed in this present Session
^^^ of Parliament.

CAP. LIX.

An Act for the Amendment of the Law of Evidence in
Scotland. [7th August 1840.]

' Yl/^HEREAS the Law of Evidence in Scotland has in cer-
^ tain respects been found inconvenient, and inconsistent

< with the Ends of Justice, and therefore requires Amend*
^ ment :' Be it therefore enacted by the Queen's most Excel*
lent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Witnesses ad- Parliament assembled, and by the Authority of the same, That

IldSlu^dr*' ^^^^ ^^'^ ^'®^ ^® passing of this Act it shall by the Law of
RelatfoDship to Scotland be no Objection to the Admissibility of any Witness
Party adducing that he or she is the Father or Mother, or Son or Daughter^
^^^ or Brother or Sister, by Consanguinity or Affinity, or Unde

or Aunt, or Nephew or Niece, by Consanguinity, of any Party

adducing such Witness in any Action, Causey Prosecution, or

other Judicial Proceeding, Civil or Criminal ; nor shall it be

competent to atly ^Vitness to decline to be examined and giva

Evidence on the Ground of any such Relationship*

Examination in . II. And be it enacted, That it shall not be necessary for any

initiaiibusmay Judge in Scottondi or for any Person acting as Commissioner, in

yrixh!^ taking Evidence in any Action, Cause, Prosecution, or odier

Judicial Proceeding, Civil or Criminal, depending in Scotland^

to examine any Witness in initialHnu s Provided fldways, that it

shall nevertheless be competent for any such Judge or Person

acting as Commissioner, or the Party against whom the Witness

shall be called, to examine any Witness in initialibue as here*

tofore.

Presence in IIL And be it enacted, That in any Trial before any Judge

Court not to of the Court of Session or Court of Justiciary, or before any

^^^Z^' Sheriff or Stewart in Scotland, it shall not be imperative on the

tain Cases. Court to reject any Witness against whom it is objected that be

or she has, without the Permission of the Court, and without
the Consent of the Party objecting, been present in Court'

durmg

1840. Lm of Evidence^ ScotlmJL Cap. 69, 60. 839

during all or any Part of the Proceedings ; bat it shall be
competent for the Court, in its Discretion, to admit the Witness,
where it shall appear to the Court that the Presence of the
Witness was not the Consequence of culpable Negligence or
criminal Intent, and that the Witness has not been unduly
instructed or influenced by what took place during his or her
Presence, or that Injustice will not be done by his or her
Examination.

IV. And be it declared and enacted. That in any Action, Ezamination of
Cause, Prosecution, or other Judicial Proceeding, Civil or ^**S!!I?'^
Criminal, where Proof shall be taken, whether by the Judge or againH whom

a Person acting as Commissioner, it shall be competent for the thej are pro-
Party against whom a Witness is produced and sworn in camd ^"***^
to examine such Witness, not in cross only, but in causd.

V. And be it enacted, That this Act may be amended or Act may be^
repealed by any Act to be passed in the present Session of SS^ **^
rarliament

CAR LX.

An Act to further amend the Church Building ActSi /^^^ ^

[7th ^t^gt**M840.] "^^^/^V^

WHEREAS an Act was passed in the Fifty-eighth Year
* of the Reign of His Majesty King Otorge the Thirds
intituled An Act far buQdmg and prmnoting the building of s% o. 3. «. 45.
tdditional Churches in populous Parishes : And whereas another
Act was passed in the Fifty«'ninth Year of the Reign of His
laid Majesty King George the Third, intituled An Act to 59O. s.e.l84,
amend and render more effectual an Act passed in the last Session
of Parliament, for building and promoting the building of addi-^
tianal Churches in populous Parishes i And whereas another
Act was passed in the Third Year of the Reign of His Ma-
jesty King George the Fourth, intituled An Act to amend and s o. 4. c. 72.
render more effectual Two Acts, passed in the Fifty^hth and
Fiffy-ninA Years of His late Mtgesty, for building cmd promoting
&s building of additional Churches in populous Parishes : And
whereas another Act was passed in the Fifth Year of the
Reign of His said Majesty King George the Fourth, intituled
jfn Act to make further. Provision^ and to amend and render more 5 0. 4. c los.
effectual Three Acts passed m (he Fifly^eighth and Fifiy^inth
Years of His late Majesty, and in the Third Year of Ins present
Majesty, for building and promoting the building of additional
Churches in populous Parishes : And whereas another Act was
passed in the Seventh and Eighth Years of the Reign of His
said Majesty King George me Fourth, intituled >^ ^c^ to 7&8 0.4.C.78.
amend the Acts far building and promoting the building of addi^
tional Churches in populous Parishes : And whereas cuiother
Act was passed in the First and Second Years of the Reign
of His late Majesty King William the Fourth, intituled^ 1418W.4.0.S8.
Act to amend and render more effectual an Act passed in the

< Seventh

930

2&3W.4.C.61.

7 W. 4. &

1 Vict. c. 75.

1 & 2 Vict
c. 107.

2&3Vict.c.49.

Commissionen
may nssigii a
new District
Chapelry or
new District
Chapelries out
of a District
Chapelry or
Cliapelries al-
ready formed.

Lioebee in '
Mortmain not

Cap. 60. Church Building Acts Amendment, 3 & 4 Vict.

* Seventh and Eighth Years of the Reign of His late Majesty^ in^
^ tituled ^ An Act to, amend the Acts for building and promoting the
^ ^building of additional Churches in populous Parishes:* And
^ whereas another Act was passed in the Second and Third

* Years of the Reign of His said late Majesty, to render more

* effectual the aforesaid Act passed in the Fifty-ninth Year
^ of the Reign of His Majesty King George the Third : And
^ whereas another Act was passed in the First Year of the

* Reign of Her present Majesty Queen Victoria^ intituled

* An Act to prolong for Ten Years Her Majeshfs Commission for

* building new Churches : And whereas another Act was passed
' in the First and Second Years of the Reign of Her said

* Majesty Queen Victoria, intituled An Act to amend and render
^ mare effectual the Church Building Acts : And whereas another

* Act was passed in the Second and Third Years of the Reign

* of Her present Majesty, intituled An Act to make better Pro-
^ vision for the Assignment of Ecclesiastical Districts to Churches
^ or Chapels augmented by the Governors of the Bounty of Queen

* Anne, and for other Purposes : And whereas it is expedient
^ to further explain and amend some of the Provisions of the

* said several recited Acts:' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
C!onsent of the Lords Spiritual and Temporal, and Ck>m-
mons, in this present Parliament assembled, and by the Autho-
rity of the same, That it shall be lawful for Her Majesty's Com-
missioners for building new Churches to assign a new District
Chapelry or new District Chapelries, under the Provisions of
the herein-before recited Acts, or some or One of them, with
such Consent and in such Manner as is therein required and
specified, to any Church or Chapel situated in a District Cha-
pelry which has been or hereafter may be formed under the
said recited Acts, or some or One of them, and such new
District Chapelry or District Chapelries may be formed out
of a Part or Parts of One or more such first formed District
Chapelry or Chapelries, with or without any Part or Parts
of the Parish or Parishes out of which such District Chapelry
or Chapelries may have been formed, and also of any Extra-
parochial Place^ or any Part thereof ; and the Right of Nomi-
nation to the Chapel or Chapels of such new District Chapelry
or District Chapelries shall belong to and be exercised by the
Incumbent of the Parish out of which such first assigned
District Chapelry shall have been taken, unless the Right of
Nomination thereto shall be legally vested in some other Party
or Parties, and in that Case such Right of Nomination shall
belong to him or them, or to such. Party or Parties as shall be
agreed upon by him or them and the said Commissioners, with
Consent of the Bishop ; and the Chapel or Chapels of such
new District Chapelry or District Chapelries shall respectively
be subject to the Provisions and Regulations contained in the
herein-before recited Acts respecting District Chapelries.

II. And be it further enacted, lliat in any Case where,
under the herein-before recited Acts or either of them, or of

this

^

1840. Chwreh Bmlditig Acts Amendment. Cap. 60. 331.

this Act, an Endowment, Grant, or Conveyance, consisting of necessary in
or arising out of Houses, Lands, Tithes, Advowsons, Rent- ^^ °^ ^'*"
charges. Tenements, or other Hereditaments, or consisting of c^ll^^r Coa-
Money to be laid out in Lands or other Hereditaments, is veyanoeof
authorized to be made, for the Purpose of a Site for any Sj"^^^
Church or Chapel, or Churchyard, or Parsonage House, or chunh Build-
Glebe^ or for the Use or Benefit of any Church or Chapel, or. log Acts,
of the Incumbent or Minister thereof, or for the Repairs thereof,
such Endowment, Grant, or Conveyance, whether made before
or after the passing of this Act, shall be good and valid, without
any Licence or Writ of Ad quod damnum^ the Statutes of
Mortmain or any other Statute or Law to the contrary not-
withstanding.

III. Provided nevertheless, and be it enacted. That nothing Mortmain Acts
herein contained shall authorize an Exemption from the Pro- ^^^^^ ^'f"
visions of the Mortmain Acts where, in the Case of an Endow-^ ezoeediUie
ment as aforesaid for the Use or Benefit of any Church or annual Valu^
Chapel, or of the Incumbent or Minister thereof, such Endow- ®^ ^^^
ment, whether made at one Period or at different Periods, shall
in any One Case exceed in the whole the clear annual Value of
Three hundred Pounds*

IV» And be it further enacted. That in every Case in which Power to de-
it sliall be'desired to ascertain the clear annual Value of such ^™^* ^
Endowment, it shall be lawful for the said Commissioners or Vaiue of such
for the Bishop of the Diocese to cause such clear annual Value Bndowmoit.
to be determined and ascertained by any Two Persons whom
they or he shall appoint for that Purpose, by Writing under
the Common Seal of the said Commissioners, or by Writing
under the Hand of the said Bishop, which Writing is hereby
directed to be afterwards annexed to the Instrument by whicn
such Endowment shall be effected ; and a Certificate of such
clear annual Value, written and endorsed on the Instrument by
which such Endowment shall be effected, and signed by such
Persons as aforesaid, shall for all the Purposes of this Act be
conclusive Evidence of such clear annual Value as aforesaid.
V. < And whereas it is expedient that Her Majesty's Com- Commisdonen,
missioners for building new Churches should have the Power, JJ.'***^^"*^* ®^
with the Consent of the Bishop of the Diocese^ to augment, n^y^ j^ ceruin
out of the surplus Pew Rents of a Church or Chapel, the Cases, augment
Stipend of the Incumbent or Minister thereof (in respect to ^® t**'^"!^
which Church or Chapel the said Commissioners have made or^Mij^r of
or hereafter may make an Order for the Reservation of the a Church or
Pew Rents thereof, and an Assignment thereout of an annual ^*P«^ ^^^^
Stipend to such Incumbent or Minister, under the Authority R^te?* "" ^^
of the said recited Act passed in the Fifty-eighth Year of
the Reign of His late Majesty King George the Third) ;* be
t therefore enacted. That it shall be lawful for die said
Commissioners, if they shall think fit, to direct under their
Common Seal, with the Consent of the Bishop of the Diocese
under his Hand and Seal, a further Assignment to the In-
cumbent or Minister of any Church or Chapel, for his Use and
[No.22. Price 2<i] Y Benefit,

332

Cap. 60.

Church Building Acts Amendment 3 & 4 ViCTt

This Power not
to be exercised
where surplus
Pew Rents have
been invested
in GoTemment
Securities to
Ibnn a Fund
for building or
purchasing a
Parsonage
Houaa^ &C.

B0und«ri«i of
distinct imd
separate Pa-
rishes, or Dis-
trict Parishes
or District
Chapelries, may
be altered by
an Order in
Council, on
Representation
by the Commis^
. sioners, with
certain Con-
aeots.

Benefit, of a Part or of the Whole of the surplus Pew Rents
thereof, already accrued or hereafter to accrue, in respect to
which Church or Chapel the said Commissioners may have
made or hereafter may make, under the said last-mentioned
Act, an Order for the Reservation of Pew Rents, and an
Assignment thereout to such Incumbent or Minister, any thing
in the said recited Acts to the contrary notwithstanding ; and
every such further Assignment shall be registered in the Registry
of the Diocese : Provided always, that the Power herein given
shall not be exercised in any Case where such surplus Pew
Rents have been invesled in Government Securities in the
Names of Trustees to be appointed by the Bishop of the
Diocese, and suffered to accumulate, for die Purpose of forming
a Fund for the building or purchasing a House of Residence,
with the Consent of the Bishop of the Diocese, for the Spiritual
Person serving such Church or Chapel, or where such surplus
Pew Rents have been charged or chargeable by the said Com-
missioners with the Payment of any Sura or Sums of Money
borrowed or advanced by way of Loan at Interest, or by way
of Annuity, or otherwise, for or towards the building any such
Church or Chapel, or for the purchasing any Site or Sites for
same, and defraying all Expences relative thereto^ and in
keeping such Church or Chapel in repair.

VI. ^ And whereas by the said recited Act passed in the
Fifty-eighth Year of the Reign of His late Majesty King
George the Third it is provided, that by an Order in Council,
upon the Representation of the said Commissioners made with
the Consent of the Bishop of tlie Diocese, the Boundaries of
a distinct and separate Parish, or of a District Parish, formed
under the said Act, may be altered within Five Years after
a Description of such Boundaries has been enrolled in the
High Court of Chancery ; and it is expedient that the Power
of altering such Boundaries should be enlarged, with certain
Consents : Be it therefore enacted. That if Her Majesty in
Council, upon the Representation of the said Commissioners
made with the Consents of the Bishop of the Diocese and of
the Patron and Incumbent of the Parish Church, signified
under their respective Hands and Seals, shall think fit to alter
the Boundaries of a distinct and separate Parish, or a District
Parish or a District Chi^elry, (formed under the herein-before
mentioned Acts passed in the Fifty-eighth and Kifty-ninth
Years of the Reign of His late Majestv King George the Third,
or either of them,) at any Time after Five Years from the
Time the Description of such Boundaries has been enrolled in
the High Court of Chancery, such Order in Council shall be
good and valid in Law for the Purpose of effecting such
Alteration, any thing in the said recited Act of the Fifty^eighth
Year of the Reign of His late Majesty King George the Third,
limiting the Power of making such Alteration in such Boun-
daries to Five Years from the Time the Description of such
Boundaries has been enrolled in the High Court of Chancery,

. to

1840. Church Building AcU Amendment Cap. 60. 838

to the contrary notwithstanding ; and such Order in Council
shall be enrolled and registered in manner directed by the said
last-mentioned Act.

VII. And be it farther enacted, That if the Consent of the Alteration of
Incumbent as aforesaid is not obtained to such Alteration of Boundwiesnot
Boundaries, such Order in Council on the Representation of ^tbout'incum-
the said Commissioners may be made, and shall be good and bent*s Consentt
valid, with the Consents of the Bishop of the IKocese, and ^"^^J^mL
the Patron aforesaid, though without the Consent of such
Incumbent; provided that such Alteration does not take effect

until after the next Avoidance of the Parish Church.

VIII. And be it further enacted, That the Power given to a Select Vcitri«i
Select Vestry appointed under the Provisions of the herein* «n4tT59G. a.
before recited Act passed in the Fifty-ninth Year of the Reign ^y appoSt
of His late Majesty King George the Third, to elect new new, Vfttrynco
Members of such Vestry as Vacancies may arise by Death, ^^*" Venry- .
Resignation, or ceasing to inhabit the Parish, shall be extended ^^d.^^*

to Cases where any such Vestrymen shall neglect to attend
the Meetings of such Select Vestry for the Space of Twelve
Months, provided such Select Vestry shall have met at least
Three Times during such Twelve Months ; and in every such
Case it shall be lawful for such Select Vestry to declare the
Member or Members of such Select Vestry so neglecting to
attend no longer a Member or Members of such Vestry, and
the Vacancy or Vacancies thereby created shall be filled up in
the Manner directed by the said last-mentioned Act with
respect to Vacancies arising by Death, Resignation, or ceasing
to inhabit the Parish.

IX. And be it further enacted, That so much of the said Subscribers to
recited Act passed in the First and Second Years of the Reign endbwilj rf a
of His late Majesty King William the Fourth, Chapter Thirty- Church or)
eight, as requires that when a Church or Chapel shall have Chapel under
been or shall be built by Subscription under that Act, the i,ty ^^^f"
Nomination or Appointment thereto shall be signified to the a Patron to
said Commissioners for their Consideration, by the major Part ^ Commif-
in Value of such Subscribers, at the Time of the Application q^JJJ'J"^
to the said Commissioners, shall be and the same is hereby AppUcatioB.
repealed, so far only that it shall not be necessary for the major

Part in Value of the Subscribers to the building and Endow-
ment of such Church or Chapel to declare such Nomination or-
Appointment to the said Commissioners at the Time of such
Application, but the same may be signified by such Subscribers
to the said Commissioners for their Consideration at the Time
of or subsequently to such Application ; provided that the same
be so signified before the said Commissioners affix their Common
Seal to any Instrument granting the Right of Nomination to
such Church or Chapel.

X. And be it further enacted, That the Ri^ht of Patronage in caseof Neg-
already granted with respect to any such Church or Cha^ locttonominate,
shall not be affected by reason of such Nomination or Appoint-

meQt not having, been sent to the said Commissioners at the
same Time as the Application aforesaid. '

Y 2 XL And

834 Cap. 60. Church Building Acts Amendment. 3 & 4 VicT.

Who entitled XL And be it further enacted, Tliat from and after the

to make such passing of this Act no Subscriber for a less Amount than

ominatioa. pjfty Pounds towards the building or Endowment of any

Church or Chapel shall be entitled to join in making such

Nomination or Appointment as aforesaid, under the said

recited Act, to the said Commissioners or the Bishop of the

Diocese.

Amount of XIL And be it further enacted, That for the Purposes of

Endowment^ ^^ g^j^j recited Acts passed in the First and Second Years of

Uie Bishop is the Reign of His late Majesty King William the Fourth,

authorised to Chapter Thirty-eight, and the First and Second Years of Her

tt^Mtte^o^ present Majesty's Reign, Chapter One hundred and seven, an

Chuich built Endowment consisting of Houses or Lands in 'Fee Simple of the

under i&sW.4. Value of One thousand Pounds i^t the least, or an Endowment

tafi^Vkt. ^^ ^^^ thousand Pounds at the least vested in Houses or

0. 107. Lands in Fee Simple, or an EIndowment of such a Sum vested

in Houses or Lands in Fee Simple as will with a further

Investment in the Funds amount to One thousand Pounds at

the least, may be taken in those Cases where the Bishop of

the Diocese is authorized, if he sees fit, to grant the perpetual

Right of nominating a Minister in the Manner specified in

the said recited Acts or either of them ; provided that where

such Endowment consists of Houses or Lands in Fee Simple

of the Value of One tljousand Pounds at the least, or where

such Endowment is composed of such a Sum vested in Houses

or Lands in Fee Simple as will, with a further Investment in

the Funds, amount to One thousand Pounds at the least, a

Certificate shall in each such Case be produced to the Bishop

of the Diocese^ signed by Two Architects or Surveyors, to the

Effect that the actual Value of such Endowment amounts to

One thousand Pounds at the least

Major Part in XIIL And be it further enacted. That where by the said

Value of Sub- recited Act passed in the First and Second Years of the Reign

^^ ^* of His late Majesty King William the Fourth future Trustees or

Chapel may in a future Trustee for any Church or Chapel built and endowed

eertain Cases under that Act are directed to be chosen in such Manner as may

^^^^^ ioi the first instance be agreed upon by the Persons building and

endowing such Church or Chapel, or the major Part of them,
.and the Bishop of the Diocese, under their Hands and Seals,
in the Place and Stead of any One or more of the Trustees
who shall from Time to Time die, resign, or become incapable
of acting, and in whom the Right ot nominating a Minister
to such Church or Chapel shall be vested, the major Part in
Value of the Subscribers to the building and endowing such
Church or Chapel shall in every such Case be entitled to make
such Agreement touching the Appointment of any such future
Trustees or Trustee, with the Bishop of the Diocese, under
their Hands and Seals, any thing in the said recited Act to the
contrary notwithstanding; provided that from and after the
pissing of this Act no such Subscriber shall be so entitled unless
his Subscrijption shall amount to at least Fifty Pounds, as pro-
vided by this Act«

XIV. And

1840. Churdi Building Acts Amendment Cap. 60. 835

XIV, And be it further enacted. That where a Parish has Census of
been divided int6 separate and distinct Parishes, or a District ®"**??^^
Parish or District Parishes have been formed out of such S*^rtain
Parish, under the Provisions of the said recited Acts, or by Cues under
any competent Authority, and where no separate Census has ^ V,^' I'v^i'
been made by Authority of Parliament of the Population of ^107.

such distinct and separate or District Parishes, the Jurisdiction
given by the said recited Acts of the First and Second Years
of the Reign of His late Majesty King William the Fourth,
or of the First and Second Years of the Reign of Her present
Majesty, to the said Commissioners, or to the Bishop of the
Diocese, (as the Case may be,) to declare the Right of Par
tronage under such Acts, shall not be invalidated by reason of
no such separate Census having been made, whether such
Jurisdiction has been or may be exercised before or after the
passing of this Act; and that it shall be sufficient in every such
Case, with reference to the Amount of Population, to state
in the Notices or Copies of Application (required to be served
on or sent to the Patron or Incumbent under such Acts, or
One of them,) the Amount of the Population accordit^g to the
last Parliamentary Census of the original Parish ; and the Patron
and Incumbent of the distinct and separate Parish or District
Parish in which the new Chuf'ch or Chapel built or pro-
posed to be built shall be situate shall in every such Case be
considered to be the Patron and Incumbent to whom such
Notices or Copies of Application are required to be sent or
served under such Acts or One of them; provided that in
every such Case where the Bishop of the Diocese claims to
have Jurisdiction under the said recited Acts or either of them
to grant such Right of Patronage, by reason of the Population
of the Parish amounting to Two thousand Persons, with Church
Accommodation for not more than One Third of the Inhabi-
tants thereof, the Population of such original Parish shall
amount, according to die last Parliamentary Census, to Two
thousand Persons at the least,* and that the existing Churches
and Chapels in such original Parish do not afiPord Accommo-
dation for more than One Third of the Inhabitants thereof.

XV. And be it further enacted, That for the Purpose of a a perpetual
Fund directed or authorized to be secured for the Repairs of Rent-<^iiige

a Church or Chapel built and endowed or to be built and ^^jfSff^)^;
endowed under the said last-mentioned Acts or One of them, a c. ss. and
perpetual Rent-charge, equal in Value to the Repair Fund i&sVict.
directed or authorized by the said Acts or either of them to ^^^J^^^ ^
be secured for such Purpose, may be made on Lands or other Lands, &e.
Hereditaments; and it shall and may be lawful for the In- which may be
cumbent of such Church or Chapel, so soon as the same has been j^^Sb^ *
consecrated, and a particular District assigned thereto, under
the said recited Act of the First and Second Years of His late
Majesty King WiUiam the Fourth, to accept, take, and hold
any such Rent-charge upon the Trusts and jfor the Intents and
Purposes for which the same shall have been or hereafter may
be given or granted, by the Person or Persons prqviding the

Y 3 §ame,

38a Cap. 60. Church Building Acts AmendmenL 3 & 4 YiCT.

same, in like Manner as any such Repair Fund may now be
taken or held by any private Trustee or Trustees ; and it shall
and may be lawful for any Trustee or Trustees of any such
Repair Fund to assign and transfer such Rent-charge to such
Incumbent and his Successors, to be held and applied by him
or them, or to allow the same to be so applied, upon the same
Trusts, Intents, and Purposes as the same previously to such
Assignment and Transfer were held by such Trustee or
Trustees.
Where a XVI. And be it further enacted, That where a Church or

haSr^'Mi^ ^ Chapel has been or shall hereafter be built and endowed, under
Extraparochia] the Provisions of the said last-mentioned Acts or either of
Place, and there them, in any Extra-parochial Place where there is no Incum-
bent! N^ca ^°^ ^^ ®^^ ^® sufficient, with respect to the Notices required
may be sent to to be Sent or served on the Patron and Incumbent, to send
the Bishop. ' such Notices, with respect to such Extra-parochial Place to the

Bishop of the Diocese alone ; and such Notices when so sent,
shall be deemed to be as good and valid as if the same had
been sent to the Patron and Incumbent
Additional XVII. And be it further enacted. That an additional per-

^^bT^id^- "*anent Endowment may be at any Time made for the Use
but not to be ' Or Benefit of any Church or Chapel, or of the Incumbent or
exempted from Minister thereof which may have been previously built and
Actt^wherTSie ^^^^^^^ under the said last-mentioned Acts or either of them;
clear yearly and such additional Endowment may consist of Houses, Lands»
Value of the Tithes, Advowsons, Rent-charges, Tenements, or other Here-
thaSl^S^!***" ditaments, or of Money in the Funds, or of Money to be laid

out in Lands or other Hereditaments : Provided always, that

nothing herein contained shall be construed to extend to the

authorizing any such additional Endowment, without the same

being subject to the Provisions of the Mortmain Acts, which

shall amount, together with the former Endowment or Endow-

ments, in any One Case to more than the clear yearly Value of

Three hundred Pounds.

Commisdonen, XVUI. And be it further enacted. That in any Case in

iBiah ^"^°* ^^ which the said Commissioners, or the Bishop of the Diocese, aa

Bish^'aione» ^^^ ^^^ ^^7 he, shall hereafter grant the Patronage of any

may order the Church or Chapel b.uilt and endowed or to be built and

I^nT Office! ^"^^^^ under the said recited Acts passed in the First and

to belong, after Second Years of the Reign of His late Mcgesty King WUliam

next Avoidance the Fourth and in the First and Second Years of the Reign

Chwch'to ^^ ^^^ present Majesty, or either of them, and shall here-

the Incumbent after assign a particular District to such Church or Chapel

of the endowed under the said first-mentioned Act, and shall determine under

Ch^. ^ *^^ ^^^ ^^^^ ^^^ Offices of Baptisms, Churchings, or Burials,

or some or one of them, shall be performed in such Church
or Chapel, it shall be lawful for the said Commissioners, if
they think fit, with the Consent in Writing of the Bishop of
the Diocese, or for tlie Bishop of the Diocese alone^ as the Case
may be, to order aiid direct that all or a Portion of the Fees
arising from the Performance of such Offices, and from the
makings opening, or using any Catacombs, Vaults, or Ground

for

18<a Church Buildiriff Acts Amendment. Cap. 60. 837

for Burials of or belonging to such Church or Chapel, shall,
from and after the next Avoidance of the Parish Church of
the Parish in which such Church or Chapel is situated, belong
and be paid to the Incumbent of such Church or Chapel fur
his own Use and Benefit; and every such Order or Direction
shall be good and valid, any thing in the said recited Acts or
either of them to the contrary notwithstanding; and every such
Order and Direction shall be registered in the Registry of the
Diocese.

XIX. And be it enacted, That in every Case in which any Commiwonen
Grant shall have been or shall be made of any Land or Ground ^f^^^^l^^.
to the silid Commissioners for any of the Purposes of the guwUci^Eur.
said recited Acts or of any of them, either for a valuable Con- poses or to
sideration being paid for the same, and in which the said ^][^^?l
Commissioners shall determine to apply a Part only of such ^^^^i^^c^
Land or Ground to any of the Purposes of the said recited Acts ^y^^i^cTJ^^y
or any of them, it shall be lawful for the said Commissioners ^'
and they are hereby authorized and empowered, with the

Consent of the Grantor or Grantors or Donor or Donors (as
Case may be) of such Land or Ground, or of his, her, or
their Heirs or Successors, (which Consent such Grantor or
Grantors or Donor or Donors, and his, her, or their Heirs and
SttCcessor% whether he, she, or they shall or shall not be under
sny legal or equitable Disability or Incapacity whatsoever to
give such Consent, is and are hereby fully authorized and
empowered to give accordingly,) to apply any Part of such
Land or Ground which shdl not have been or shall not be
applied by the said Commissioners for the Purposes of the said
recited Acts, or of any of them, to any other Ecclesiastical
Purposes, either as Glebe or otherwise, for the Use of the
Incumbent or Minister of the Parish, Place, or District in
vhich such Land or Ghround is situate, or for the Purpose of
any parochial or charitable School or any other charitable
or public Purpose relating to any such Parish or Place.

XX. And be it enacted, That it shall be lawful for the said Comnii«lonm
Commissioners, and they are hereby authorized, if they think ™*y ^^f ***•
proper, to defray the Law Coste and other incidental Expences jnu^ngA*
of amending or consolidating the herein-before recited Acts and recittd A«u
this Act, out of any Money in their Hands arising out of Ex- ■»* **>^ ^^
chequer Bills issued to them under the Provisions of the herein«-

before recited Acts of the Fifty-eighth Year of the Reign of
His late Majesty King Gewve the Third and of the Fifth Year
of the Reign of His Tate ^Jajesty King George the Fourth, or
either of them,

XXL And be it further enacted, That the Provisions con- The ProTirions
tained in an Act passed in the First and Second Years of the of i & 2 Vict.
Reign of Her present Majesty, intituled An Act to abridge the Jj,^ pirtf« to
f^i^ ofBeneficet in Plurality^ and to make better Provision for be consideKd
Ai Reiidence of the Clergy^ touching the Party or Parties who ^^\ "*• ^
for the Purposes of such Act shall be in the Cases therein g{^Qg (^^
mentioned considered the Pati*on or Patrons, and the Manner sents, to apply
in which the Consent of or Ae Execution of any Deed or Deeds, to this Act.

Y 4 Instrument

338

To what Parts
only this Act
shall extend

Cap. 60, 61. Sale of Beer. 3 & 4 Vicr.

Instrument or Instruments by or Notice to such Patron or
Patrons shall be given or effected, shall apply to the Consent
of, or the Execution of any Deed or Deeds, Instrument or
Instruments by or Notice to such Patron or Patrons for the
Purposes of the herein-before first-recited Acts or this Act*

XXII. And be it further enacted, That this Act shall extend
only to that Part of the United Kingdom called England and
Walesj and to the Isle ofManj and to the Islands of Guernsey^
Jersey^ Aldemey^ and Sark.

11 G. 4. &
1 W. 4. c. 64.

4ae5W.4.c.85.

Licence to re-
tail Beer not to
be granted to
any but the
real resident
Occupier, nor
in respect of
any House
rated at less
than 152. per
Annum within
the Bilkof
Mortality, or
in Cities, Towns,
&c. containing
10,000 Inha-
bitants ;

nor less than
1 1/. per Annum
in Places ex-
ceeding 2,500
Inhabitants ;

CAP. LXI.

An Act to amend the Acts relating to the general Sale
of Beer and Cider by Retail in England.

[7th August 1840.3

TI^HEREAS an Act was passed in the First Year of the
^^ Reign of His late Majesty King William the Fourth,
intituled Aa Act to permit the general Sale of. Beer and Cider
by Betail in England : And whereas another Act was passed
in the. Fourth and Fifth Yeai*s of the Reign of His said late
Majesty^ intituled An Act to amend an Act passed in the First
Year of His present Mcgesty^ to permit Oie general Sale of Beer
and Cider by Retail in England : And whereas it is expedient
to alter and amend the said Acts :' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-
rity of the same, That no Licence to sell Beer or Cider by
Retail under the said recited Acts or this Act shall be granted
to any Person who shall not be the real resident Holder and
Occupier of the Dwelling House in which he shall apply to be
licensed, nor shall any such Licence be granted in respect of
any Dwelling House which shall not, with the Premises occupied
therewith, be rated in One Sum to the Rate for the Relief of
the Poor of the Pai*ish, Township, or Place in which such
House and Premises are situate on a Rent or annual Value of
Fifteen Pounds per Annum at the least if situated in the Cities
of London or Westminster^ or within any Parish or Place within
the Bills of Mortality, or within any City, Cinqpe Port, Town
Corporate, Parish, or Place^ the Population of which according
to the last Parliamentary Census shall exceed Ten thousand, or
within One Mile, to be measured by the nearest public Street
or Path, from any Polling Place used at the last Election for
any Town having the like Population, and returning a Member
or Members of Parliament; nor shall any such Licence be
granted in respect of any Dwelling House which shall not, with
the Premises occupied therewith, be rated in One Sum to the
Rate for the Relief of the Poor of the Parish, Township, or
Place in which such Houie and Premises are situate on a Rent
or annual Value of Eleven Pounds per Annum^ if situated within

any

1840. Sale of Beer. Cap. 61. 339

any City, Cinque Port, Town Corporate, Parish, or Place, the

Population of which according to such last Parliamentary Census

shcJI exceed Two thousand five hundred and shall not exceed

Ten thousand, or within One Mile, to be measured as aforesaid,

from any Polling Place used at the last Election for any Town

having the like Population as last aforesaid, and returning a

Member or Members of Parliament ; nor shall any such Licence norlen than si.

be granted in respect of any Dwelling House which shall not, J^J[^°"™ ^

with the Premises occupied therewith, be rated in One Sum to ebewhrn!^^

the Kate for the Reliet of the Poor of the Parish, Township or

Place in which such House and Premises are situate on a Kent

or annual Value of Eight Pounds, if situated elsewhere than as

aforesaid ; and every Licence granted contrary hereto shall be

null and void.

II. And be it enacted. That eveiy Person who shall apply to Pencm apply.
be licensed to retail Beer or Cider shall produce to the proper jj*^^^^ ^
Officer of Excise authorized to grant such Licences a Certi- duce « Ccr-
iicate in Writing from an Overseer of the Township, Parish, or tifbate ofhis
Place in which he shall reside, certifying that such Applicant ^^^^^.
is the real Resident, Holder, and Occupier of the said House, pier of the
and ako certifying the true Rent or annual Value at which such House, and of
Houses with the Premises occupied therewith, is rated in One J^^h"T' ^
Rating to the Poor Rates, according to the last Sum or Rate rated.

made and allowed in such Township, Parish, or Place for the
Relief of the Poor ; and every such Certificate shall be deposited
and left with the proper Officer of Excise by whom such Li-
cence shall be granted ; and a Duplicate thereof shall be depo*
sited and left with the Clerk of the Peace for the County,
Riding, or City within which such Township, Parish, or. Place
is situate.

III. Provided always, and be it enacted. That when any Pnmaionfor
Person shall become the Occupier of a House newly erected, "•^ ^^3**^
and not yet rated, and shall be desirous of taking out a Licence ^r^ ww^
to retail therein Beer and Cider before the making of a new made.
Rate, it shall be lawful for tlie proper Officer of Excise, if the
Applicant shall in other respects be duly qualified, to grant

such Licence^ on the Certificate of the Overseer of the Poor
certifying the Rent or annual Value to be not less than that at
which such House, with the Premises occupied therewith, will
be rated in One Sum to the Relief of the Poor in the next Rate
to be made and allowed, and certifying also that the Applicant
has claimed to be rated in respect of the said House and
Premises.

IV. * And whereas in some Extra-parochial Places no Assess- In Extra-paro-
* ments are made or Rates collected for the Relief of the Poor, ^/^'^

^ and it is expedient to provide for Persons obtaining Licences be^nrntedm
' in such Places ;' be it therefore enacted, That in any Extra- the Certificate
parochial or other Place where no Rates are made or collected ^f Two Inh»-
for the Relief of the Poor it shall be lawful for the proper holders of the
Officers of Excise authorized to grant Licences to grant a Li- required aiiiiiial
cence to any Person to retail Beer or Cider in a Dwelling ^•^"••'
House, which, with the Premises occupied therewith, shall, be

of

840

Cap.6L

Sale of Beer,

3 & 4.Vicii

Penalty on
Overaeen
refusing to
grant Certifi-
eacc% and on
Oreneenand
other PcfiKma
granting fiUaa
CertifioatM.

Penalty on
forging Certifi-
cates* or u'ing
fiUae Certifi-
cates.

lieenoet ob-
tained by fUfle
Certificates to
be void, and
the Persons
obtaining tbem
disqualified.

Licences to be
void on Con-
viction of Fe-
Ibtly or of
selling SpiriU
without Lip
eence.

of the real Rent or annual Value of Fifteen Pounds, Eleven
Pounds, or Eight Pounds respectively, according to the Situation
thereof as aforesaid ; and in such Case the Person applying for
such Licence shall produce to and deposit and leave with the
proper Officer of Excise granting such Licence a Certificate in
Writing, signed by Two Inhabitant Householders of the Town«
ship or Place, certifying that the Party applying is the real
Resident in and Occupier of the Dwelling House sought to be
licensed, and also certifying the true and real annual Value of
the same, with the Premises occupied therewith, according to
the best of their Judgment and Belief.

. V. And be it enacted. That every Overseer of the Poor who
shall refuse to grant a Certificate of the Rating or Assessment
of any rated House and Premises, when demanded, or of any
Person havipg claimed to be rated in respect of any newly-
erected House not yet rated, or who shall fidsely certify any
House to be rated when the same was not duly rated at the
Time of the making and Allowance of the last Rate made and
allowed for the Relief of the Poor, and every Overseer or other
Person who shall ialsely certify any Person to be tlie real Resi«
dent. Holder, and Occupier of any House^ contrary to the Fact,
or falsely certify the Rent or annual Value at which any
Dwelling House and Premises shall now or will be rated, or
the Rent paid for the same, or the annual Value thereof, or
shall grant any Certificate which shall in any other respect be
wilfully false) shall forfeit Twenty Pounds.

VL And be it enacted, That every Person who shall, for
the Purpose of obtaining for himself or enabling any other
Person to obtain a Licence to retail Beer or Cider, forge or
counterfeit any Certificate, or shall produce or make use of
any Certificate, knowing the' same to be forged or counterfeit,
or the Matters certified therein or any of them to be false,
shall forfeit Fifty Pounds ; and every Licence for the Retail of
Beer or Cider obtained by any Person on any such forged,
counterfeit, or false Certificate shall, on the Conviction of such
Person, be void to all Intents and Purposes, and shall be so ad-
judged ; and every Person who shall be convicted of any of
the said Offences shall be disqualified from obtaining any Li*
cence under the said recited Acts or this Act to retaU Beer or
Cider, either to be drunk and consumed on the Premises or off
the Premises.

VIL And be it enacted. That every Person who shall here*
after be lawfully convicted of Felony, or of selling Spirits
without Licence, shall for ever thereafter be disqualified from
selling Beer and Cider by Retail, and no Licence to sell Beer
and Cider by Retail under the said recited Acts or this Act
shall be granted to any Person who shall be so convicted as
aforesaid ; and if any such Person shall, after having been so
convicted as aforesaid, take out or have any Licence to sell Beer
or Cider by Retail under the said recited Acts or this Act, the
same shall be void to all Intents and Purposes, and every Per*
son who shall, after bttsg convicted as aforesaid, sell any Beer

or

1«40. Soli of Beer. Cap. 61. 841

or Cider by Retail* in any Manner whatsoever, shall incur the
Penalty for so doing without Licence, and in all such Cases
in the Prosecution for the Recovery of such Penalty a Certifi-
cate from the Clerk of the Peace, or Person acting as such, of
tny such Conviction as aforesaid, shall on the Trial in such
Prosecution be li^l Evidence thereof.

VIIL And be it enacted, That upon the Death of any Per- On tbe Dtaih
son whatever licensed to retail Beer or Cider under the said ^ • '"*^
recited Acts or this Act before the Expiration^ of the Licence, E^licutottor
it shall be lawful for the Person authorized to grant Licences Adminittrator%
to authorize and empower, by Endorsement or otherwise^ as "'^mY*^'^
the Commissioners of Excise shall direct, the Executors or ^ authoriMd^
Administrators, or the Widow or Child, of such deceased Per« to sell for the
son, who shall be possessed of and occupy the Dwelling House ?*'Sf^°^%^.
and Premises before used for such Purpose, to continue to cen<ier™° "
retail Beer and Cider in the same House and Premises during .
tbe Residue of the Term for which such Licence was originally
granted, without taking out any fresh Licence, or Payment of
any additional Duty thereon ; and also at the Expiration of
such Licence (in case the Residue of the said Term shall be
less than Three Calendar Months from the Death of the Person
licensed) to grant a new Licence to such Executors, Adminis*
tnuors, or Widow, on Payment of the proper Licence Duty, and
entering into the usual Bond.

IX. And be it enacted, That every Person whatever licensed PerMnc
to retail Beer or Cider under the said recited Act or this Act ii««;«^to
ihall, in manner directed by an Act passed in the Seventh cider to^make
and Eighth Years of the Keign of His late Majesty King Entry with the
Gwye the Fourth, intituled An Ad to consolidate and amefS Excise.

fte Lanoi rdating to the Collection and Management of the Revenuo 7&8G.4. c5s.

rfEMse throughout Great Britain and Ireland, and by another

Act passed in the Fourth and Fifth Years of the Reign of His

late Majesty King WiUiam the Fourth, intituled An Act to 4&5W.4.0.514

mend the Lowe relating to the Collection and Management of the

Beoenue of Excise^ make Entry with the OflScers of Excise of

every House^ Cellar, Room, and Place for storing, keeping, or

retailing Beer or Cider, on pain of forfeiting the Penalties

imposed by the said last^mentioned Act for making use of any

unentered Room or Place ; and all Beer and Cider found in

any »ach unentered House, Cellar, Room, or Place shall be

forfeited.

X. And be it enacted. That if any Person licensed to retail Penalty on
Beer or Cider under the said recited Acts or this Act shall jf^^J^^^j
receive into or keep or have in his Possession, in any Cellar, Bm^r Cider
Room, or Place entered for storing, keeping, or retailing Beer haying Wine,
or Cider, any Wine or Spirits or Sweets, such Person shall, in l^^^i^^^eir
sdditbn to all other Penalties, forfeit Fifty Pounds, to be cnt»ed Pre-**'
i^covered and applied under the Powers and Provisions of the mises.

«aid Acts of the Seventh and Eighth Years of the Reign of
His said late Majesty King George the Fourth, and the Fourth
and Fifth Years of the Reign of His said late Majesty King
fnUiam the Fourdi; and all Wine and Spkits and Sweets

found

342 Cap. 61. Sale of Beer. 8&4Vicr.

Wine, &c. to found in any such entered Cellars^ Roomsy or Places shall
be forfeited. \^ forfeited ; and on Conviction of any such licensed Person
ci^"o^b^T^w! ^" ^y Penalty for having Wine or Spirite or Sweete in his Pos-

session, or for selling or retailing Wine or Spirits or Sweets^
the Licence of such Person for retailing Beer or Cider shall
become null and void, and shall be so adjudged.
Officers of XL And be it enacted, That it shall be lawful for any

Excise em- Officer of Excise, at all Times during the Hours in which any
eDterAe*Pfc- House licensed for the Retail of Beer or Cider may be kept
miscs of open, to enter into every House, Cellar, Room, or Place entered

licensed Beer fop ^he Storing, keeping, or retailing of Beer or Cider, and to
^^^^^^* make Search for and seize all Wine and Spirits and Sweets

which may be found in any such House, Cellar, Room, or Place,
and to examine all Beer or Cider kept therein,
and also Uie XIL And be it enacted, That it shall be lawful for any

Houses of Officer of Excise, during the Hours which any House is kept
B^r* Se"*^ open for the Sale of Beer after the Rate of One Penny
Rate of Hd. Halfpenny or after a less Rate the Quart, to enter into every
or less the such House, Cellar, Room, or Place for the keeping or retailing
^^"'^ such Beer, and to make Search for and seize all Wines, Spirits,

Sweets, and all Beer which by Law they are not entitled to
sell.'
Additional XHL And be it enacted. That if any Person, not being

^*i^'^ duly licensed to sell Beer or Cider, shall retail any Beer or
Perrons selling Cider, either to be consumed in or upon the House or Pre-
Beer or Cider; miscs or ofF the Premises where sold, or if any Person shall sell

any Beer or Cider to be consumed in or upon the House or

Premises where sold, without being duly licensed so to do,

such Person shall, in addition to any Excise Penalty to which

he may thereby become subject, forfeit Five Pounds, such

Penalty to be recovered in the same Manner as any other

Penalty (not being Excise Penalties) are by the said recited

to be sued for Acts or this Act to be recovered, levied, and applied : Provided

ciffi ^*** always, that no Information or other Proceeding for the Re-

^^' covery of the said Penalty shall be exhibited or commenced

except by and in the Name of a Constable or other Officer of

the Peace.

11 G. 4. & XIV. And be it enacted. That so much of the said recited

1 M.l'nd ^*' ^^^ ^^ *® ^*^* ^^^ ^^ *^ ^®^8^ ®^ *^ ^^^ ^*^^ Majesty
4 & 5 w. 4. as enacts, ** that no Person licensed to sell Beer by Retail

c. 85. s. 6. under this Act shall have or keep his House open for the Sale

"^ • of Beer, nor shall sell or retail Beer, nor shall suffer any Beer

to be drank or consumed in or at such House, at any Time

before the Hour of Four of the Clock in the Morning nor

after Ten of the Clock in the Evening of any Day in the

Week, nor at any Time between the Hours of Ten of die Clock

in the Forenoon and One pf the Clock in the Afternoon,

nor at any Time between the Hours of Three and Five of

the Clock in the Afternoon, nor any Sunday^ Good Friday^

Christmas Day^ or any Day appointed for a public Fast or

Thanksgiving; and that if any such Person shall keep his

House open for selling Beer, or shall sell or retail Beer, at

any

1840. Sale of Beer. Cap. 61. 343

any Time after the Hour of Ten of the Clock in the Evening
or before the Hour of Four of the Clock in the Morning of
any Day, or between the Hours of Ten of the Clock in the
Forenoon and One of the Clock in the Afternoon, or between
the Hours of Three and Five of the Qock in the Afternoon,
on any Sunday, Good Friday^ Christtnas Day, or any Day ap-
pointed for a public Fast or Thanksgiving, such Person shall
forfeit the Sum of For^ Shillings for every Offence, and
every separate Sale shall be deemed a separate Offence;" and
80 much of the said recited Act of the Fifth Tear of His
said late Majestjr's Reign as enacts, '^ that it shall be lawful
for the Justices of the Peace of every County, Riding, Division,
Franchise, Liberty, City, Town, and Place, in Petty Sessions
assembled, to fix, Once a Year, within Thirty Days after the
passing of this Act in that Year, and in every future Year in
the Counties of Middleeex and Surrey within the &t^t Ten Days
of the Month of March, and in every other County on some

Day between the Twentieth Day of August and the Fourteenth

Day of September inclusive, the Hours at which Houses and

Premises licensed to sell Beer under this Act shall be open

and closed : Provided always, that any Person thinking himself

aggrieved by any such Order tp be so made may appeal to

the Justices of the Peace in Quarter Sessions assembled at anv

Time within Four. Calendar Months after the making of such

Order^ giving: to the Justices by whom such OMer shall have

been made ^fourteen Days Notice of his Intention to appeal ;

and the Decision of the said Justices so assembled in Quarter

Sessions shall be finid and conclusive : Provided also, that the

Hour so to be fixed for opening any such House shall not in

any Case be earlier than Five of the Clock in the Morning, nor

for closing the same later than Eleven of the Clock at Night,

or before One of the Clock in the Afternoon on Sunday, Good

Friday, Christmas Day, or any Day appointed for a Public

Fast or Thanksgiving ; and the Hours so fixed from Time to

Time by such Justices, with reference to the Districts and ^

Places within their respective Jurisdictions, shall be deemed '

and taken to be the Hours to be observed and complied with

under this Act as fully as if the same had been specially ap-
pointed by this Act," shall be and the same is hereby repealed.
XV* And be it enacted. That no Person licensed to sell Houn for

Beer or Cider by Retail under the said recited Acts or this cGdM^Housei.

Act shall have or keep his House open for the Sale of Beer or t^^^g.^^^^*;, >;W^i^

Cider, nor shall sell or retail Beer or Cider^ nor shall sufier any /^/^^ ^ -^^^ ^ ^

Beer or Cider, to be drank or consumed in or at such House,

at any Time before the Hour of Five of the Clock in the Morn-
ing nor after Twelve of the Clock at Night of any Day in

the Week in the Cities of London or Westminster, or within the

Boundaries of any of the Boroughs of Mary^e^nme, Findmry,

the Tower Hamkts, Lambeth, or Southwark, as defined by an

Act passed in the Second and Third Years of His late Majesty

King William the Fourth, intituled An Act to settle and describe S&3W.4.C.G4.

t&e Divisians of Counties^ and the Limits of Cities and Boroughs,

in

844

Cap. 61«

Sale of Beer.

3&4V1CT.

Justices may

mitigate

Penalties.

No Feraon to
fori^t his
Licence for a
First Offence ;
and no Licence
to be Toid
unless so ad-
judged.

Notice to the
Excise.

Licences may
be granted to
Persons
licensed before
the passing of
the Act whilst
they continue
the Occupiers
of the same
House, al"
though it is
below the
QwHftwitlllPi

m England and Wales, in so far as respects the Eketion ofMtm^
hers to serve in Parliament^ nor after Eleven of the Clock within
any Parieh or Place. within tlie Bills of Mortality, or within
any City, Cinque Port, Town Corporate, Parish, or Place, the
Population of which, according to the last Parliamentary Census,
shall exceed Two thousand five hundred, or within One Mile,
to be measured as aforesaid, from any Polling Place used at
the last Election for any Town having the like Population, and
returning a Member or Members to Parliament, nor after Ten
of the Clock in the Evening elsewhere, nor at any Time before
One of the Clock in the Afternoon, nof at any Time during
which the Houses of Licensed Victuallers now are or hereafter
shall be closed, on any Sunday^ Good Friday, Christmas Day^ or
any Day appointed for a Public Fast or Thanksgiving; and if
any such Person shall keep his House open for selling Beer or
Cider, or shall sell or retail Beer or Cider, at any Time other
than as herein-before prescribed and directed, such Person shall
forfeit the Sum of Forty Shillings for every Offence, and every
separate Sale shall be deemed a separate Offence*

XVI. And be it enacted. That it shall be lawful for any
Justice or Justices of the Peace, when he or they shall see Cause,
to mitigate any Penalty incurred for any Offence committed
against the said .recited Acts or this Act ; provided that where
any Conviction shall take place on any Information exhibited
under the Laws of Excise such mitigated Penalty shall not be
less than One Fourth Part of the Penalty.

XVII. And be it enacted. That no rerson licensed to retail
Beer or Cider under the said recited Acts or this Act shall
forfeit his Licence for a first Offence against the Tenor or
Conditions of his Licence except as herein-before provided;
and no such Person shall be deemed to have forfeited hit Li«-
cence, on any Conviction by any Justices of the Peace for any
Offence, unless such Forfeiture shall be adjudged and declared
by the Justice or Justices by whom such Person shall be con-
victed of the Offence in respect of which the Forfeiture shall be
incurred ; and when any Justices of the Peace shall adjudge
and declare the Licence of any Person to be forfeited such
Justices shall cause Notice in Writing to be immediately given
to the Commissioners of Excise within the Limits of the chief
Office of Excise, or to the Collector of Excise out of such
Limits, of such Adjudication.

XVIIL Provided always, and be it enacted. That nothing
in this Act contained shall prevent any Person from obtaining
at the Expiration of his existing Licence, a renewed Licence
in respect of any House in which he shall at the Time of the
passing of this Act be duly licensed to retail Beer or Cider
under the said recited Acts"^ or either of them, notwithstanding
such House may not be of the Rent or annual Value by this
Act prescribed, nor to oblige such Person to produce any other
Certificate (where a Certificate is required) for obtaining his
Licence than the Certificate required by the said recited Acts;
but it idiall be lawful for the Officers of Excise duly autho-
rized

1840. Sab of Beer. Cap. 61. 34S

rized to grant Licences to renew and continue to grant Licences
to such Person (being in other respects properly qualified) on
the Production of such Certificate as last aforesaid^ so long as
such Person shall continue to be the resident Holder and Occu*
pier of the same House, any thing in this Act to the contrary
notwithstanding.

XIX. And be it enacted, That all Penalties and Forfeitures Penalties under
by this Act imposed, except where otherwise specially directed, ^" ^ ^^^
thall be sued for, recovered, mitigated, and applied in the same dbectefTtobe
Manner and by the same Means as the Penalties imposed by recovered under
the said recited Acts of the Firet and Fourth and Fifth Years ^^^^^^^
of the Reign of His late Majesty King WiUiam the Fourth Act«. "^
are directed to be sued for, recovered, mitigated, and applied ;

and all the Powers, Provisions, Authorities, and Regulations,
in the said Acts contained, for the Recovery, Mitigation, and
Application of Penalties, shall, except where otherwise specially
directed, extend to and be put in force, as to Penalties imposed
by this Act, as fully and effectually as if they were herein
repeated and re-enacted.

XX. And be it enacted, That all the Provisions of the said Redted Acte
Two recited Acts shall be deemed and taken to be in full Force fo^"^"*^^
and applicable to this Act, save and except where the Pro- hereby^ali^^d.
vigions of the said first-recited Act are altered by the Provisions

of the said secondly-recited Act, or where the Provisions of
either of the said Two Acts are altered by this Act; and that Interpretation
80 much of the said first-recited Act as relates to the Interpreta- ofWatda.
tion of certain Words therein mentioned shall be applied to the
Interpretation of the same Words where used in this Act.

XXI. And be it enacted, That all the Powers, Regulations, Powen, Pro-
Proceedings, Forms, Penalties, Forfeitures, Enactments, and P^JJJJj^'^f
Provisions contained in the said recited Acts, or in either of n q. 4. &
them, with reference to Persons licensed under either of the i w. 4. c 64.
said Acts, and to the Offences committed by such Persons ^^4 *1*
against- either of the said Acts, or against the Tenor of any xo apply to '
Licence granted under the said Acts, and also with reference to Persons

the Sureties of such Persons, and to Persons doing the Things ^*^[^"'^'
thereby prohibited without the Licence required by the said
Acts or either of them, shall (except where they are altered by
this Act, or are repugnant thereto,} be deemed and taken to be •
applicable to all Persons licensed under this Act, and to all
Offences committed by such Persons of the same Description as
the Offences mentioned in the said Acts, and to the Sureties of
all such Persons in respect of such Offences, and to all Persons
doing, without the Licence required by this Act, Things of the
same Description as the Things prohibited without the Licence
required by the said recited Acts, as fully and effectually as if
all the said Powers, Regulations, Proceedings, Forms, Penalties,
Forfeitures, Enactments, and Provisions had been repeated and
i^e-enacted in this Act, with reference to Persons licensed under
this Act, and to the Sureties of such Persons, and to Persons
actinff without the Licence required by this Act ; and also that
all the Pow^prsy Regulations} and Provisions in the said Acts ,

contained.

846

Act not to
afiect the Two
Uniyenitlefl. ■

Act may be
altered this
SenioiL

Cap. 6 ] ,62. New South Wales and Van Diemeris Land* 3 & 4 Vict.

contained, authorizing any Party convicted to appeal to the
General Session or Quarter Sessions of the Peace against any
Conviction under the said Acts, shall also extend and apply to
any Convictions under this Act.

XXII. Provided always, and be it enacted, That nothing
in this Act contained shall extend to alter or in any Manner
to affect any of the Rights or Privileges of the Universities of
Oxford or Cambridge^ or any of the Powers and Authorities
vested by Charter or otherwise in the Chancellors, Masters, and
Scholars of the said Universities, and their Successors, or in the
Master, Wardens, Freemen, and Commonalty of the Vmtners of
the City of London ; but not to extend to those Freemen of
the said Company of Vintners who have obtained the same by
Redemption only.

XXIII. And be it enacted, That this Act may be amended
or repealed by any Act to be passed during the present Session
of Parliament.

-/Xr-/^ ^^

9 G. 4. e. 83.

Recited Act
continued.

Proriiion for
Constitution of
new Colonies.

CAP. LXII.

An Act to continue until the Thirty-first Day of De-
cember One thousand eight hundred and forty-one,
and to the End of the then next Session of rarlia^
ment, and to extend, the Provisions of an Act to
provide for the Administration of Justice in New
South Wales and Van Diemen^s Landy and for the
more eflPectual Government thereof, and for other
Purposes relating thereto. [7tli Axigust 1840.]

< Al/^HEREAS an Act was passed in the Ninth Year of the

< ^^ Reign of King George the Fourth, intituled An Act
^ to provide for the Administration of Justice in New South
^ Wales and Van Diemen's Land, and for the more effectual Go*

* vemmeat thereof and for ot/ier Purposes relating thereto: And

< whereas the said Act hath been since continued, and by an

* Act passed in the last Session of Parliament the said Act hath

< been further continued, with certain Amendments: And

< whereas the said Act will shortly expire ; and it is expedient
^ further to continue the said Act, with such Amendments as

* are herein-after mentioned :' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament asseinbled, and by the Authority of
the same. That the said recited Act, as amended by the said
Act of the last Session of Parliament, shall continue and be in
force until the Thirty-first Day of December in the Year One
thousand eight hundred and forty-one, and thenceforward to
the End of the then next Session of Parliament.

II. < And whereas the said Colony of New Sou^i Wales is ^f

< great Extent, and it may be fit that oertaia Dependencies of

* the

1840. New South Wales and Van Diemen's Land. Cap. 62. 347

* the said Colony should be formed into separate Colonies,
' and Provision should be made for the temporary Administrar

* tion of the Government of any such newly erected Colony :'
be it therefore enacted, That it shall be lawful for Her Majesty,
by Letters Patent to be from Time to Time issued under the
Great Seal of the United Kingdom, to erect into a separate
Colony or Colonies any Islands which now are or which here-
after may be comprised within and be Dependencies of the
said Colony of New Scvth Wales.

til. And be it enacted, That in case Her Majesty shall. Her Majesty
by any such Letters Patent as aforesaid, establish any such new ™*y mppomt
Colony or Colonies as aforesaid, it shall be lawful for Her coimca for «iy
Majesty, by any such Letters Patent, to authorize any Number new Cokmy,
of Persons, not less than Seven, including the Governor or
Lieutenant Governor of any such new Colony or Colonies, to
constitute a Legislative Council or Legislative Councils for the
same; and that every such Legislative Council shall be com-
posed of such Persons as shall from Time to Time be named
or designated by Her Majesty for that Purpose, and shall
bold their Places therein at Her Majesty's Pleasure ; and that who nmy make
it shall be lawful for such Legislative Council to make and ^J]JllJ^**'*
ordain all such Laws and Ordinances as may be required for thereof, m^jeet
the Peace, Order, and good Government of any such Colony to Conflnna-
as aforesaid, for which such Legislative Council may be so ^^^*
appointed ; and that in the making all such Laws and Or-
dinances the said Legislative Council shall conform^ to and
observe all such Instructions as Her Majesty, with the Advice
of Her Privy Council, shall from Time to Time make for their
Guidance therein : Provided always, that no such Instructions,
and that no such Laws or Ordinances as aforesaid, shall be
repugnant to the Law of Enffkoidf but consistent therewith, so
far as the Circumstances of any such Colony may admit:
Provided also, that all such Laws and Ordinances shall be
subject to Her Majesty's Confirmation or Disallowance in such
Manner and according to such Regulations as Her Majesty,
by any such Instructions as aforesaid, shall fix)m Time to
"Kme see fit to prescribe : Provided al^, that alMnstructions tad to lie Udd
which shall in pursuance hereof be made by Her Majesty, ^^ ^"^^
with the Advice of Her Privy Council, and that all Laws and
Ordinances which shall be made in pursuance hereof by any
such Legislative Council of any such newly erected Colony as
last aforesaid, shall be laid before both Houses of Parliament
within One Month from the Date of any such Instructions, or
fit)m the Arrival in this Kingdom of the Transcripts of any
such Laws or Ordinances, if Parliament shall then be in Session
sitting, or if not, then within One Month from the Com-
mencement of the next ensuing Session of Parliament

IV. And be it enacted. That this Act may be amended or ^^^^
repealed by any Act to be passed in this Session of Parlia- *"*"
ment.

» «•

CKo.2aPHoe2<iL]

848

Cap. 6a

Ide of Man*

3 & 4.VicXi

11 a & lSS.

54 0.S. C148.

Harbour Com^
miMionen
empowered to
borrow Ex-
chequer Bills
or Money at
Interest from
the Exchequer
BillLoim
Commissionert
on the Security
of the Harbour
Dtttiiil

CAP. LXIII.

An Act to extend the Powers of the Commissioners
appointed for the Execution of Two Acts for sup-
porting the several Harbours and Sea Poi*ts in the
Isle of Man. [7lh August 1840.]

IT/^HEREAS an Act was passed in the Eleventh Year of
the Reign of His late Majesty King George the Third,
intituled An Act for repairing^ canending^ and supporting Am
several Harbours and Sea Ports in the Isle of Man, by which
said Act certain Rates and Duties were directed to be raised
and levied for the Purpose of repairing and keeping in
repair and supporting the several Harbours of the said
Island; but such Rates and Duties having been found in-
sufficient for maintaining the said Harbours^ another Act was
passed in the Fifty-fourth Year of tlie Reign of His said late
Majesty King George the Third, intituled An Act to repeal the
Duties grant^ by an Act passed in tfte Eleventh Year of His pre^
sent Mcgesty^ for repairing^ amending^ and supporting the seoeral
Harbours and Sea Ports in the Isle of Man, and for granting
new Duties in lieu thereof, and for giving ftrther Power to the
Commissioners appointed under the send Act, whereby the several
increased Rates and Duties were directed to be raised and
levied for the Purposes aforesaid in lieu of the said Rates and
Duties granted and made payable by the said first-recited
Act: And whereas several of die Harbours and Sea Ports in
the said Island require Improvements, the Expence of which
the said Rates and Duties granted by the said last-recited Act
would be inadequate to meet as an entire and immediate
Payment; and it is therefore expedient that the Commis-
sioners of the said recited Acts should be authorized to borrow
and take up Money at Interest for such Purposes on the
Security of the said Rates and Duties:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled,
and by the Authority of the same. That from and after the
passing of this Act it shall and may be lawful for the Com-
missioners for the Time being acting under or in execution of
the said recited Acts, or the major Part of them, (of whom
Her Majesty's Receiver General iii the Isle of Man, or his
Deputy for the Time being, shall always be one,) from Time
to Time, or at any One Time, by and with the Consent and
Approbation of the Commissioners of Her Majesty's Treasury,
or any Three or more of such Commissioners, or the Lord
High Treasurer of the United Kingdom of Great Britain and
Irdandf whenever such Office there shall be, to borrow and
take up at Interest of and from the Commissioners for carrying
into execution an Act passed in the Fifty-seventh Year of the
Reign of His late Majesty King George the Third» to authorize

the

1840. IJeofMan. Cap. 63. 849

the Issue of Exchequer Bills, and the Advance of Money oat
of the Consolidated Fund, to a limited Amount, for the carry-
ing on of Public Works and Fisheries in the United Kingdom,
and Employment of the Poor in Great Britain^ in manner
therein mentioned, and the several other Acts since passed for
amending, continuing, and extending the same, on the Security
of tlie Kates, Duties, Penalties, I'orfeitures, Impositions, or
other Monies by the said recited Acts granted or authorized
to be raised as aforesaid, any Sum or Sums of Money or Ex«
chequer Bills as such Harbour Commissioners, or the major
Part of them, (of whom Her Majesty's Receiver 6enei*al in
theiii& ofMon^ or his Deputy for the Time being, shall be
one,) with such Consent as aforesaid, shall from Time to Time
deem requisite or necessary for the Purposes aforesaid, and by
One or more Deed or Deeds under the Hands and Seals of the
said Harbour Commissioners, or such Majority of them as
aforesaid, to mortgage and charge the said Rates, Duties^
Penalties, Forfeitures, Impositions, or other Monies, or any
Part or Parts thereof, unto the said Exchequer Bill Loan
Commissioners, or to their Secretary for the Time being, for
securing to them, the said Exchequer Bill Loan Commissioners^
the Repayment of the full Amount of such Exchequer Bills or
Money so to be advanced or lent as aforesaid, by Instalments
to a sufficient Amount in the whole to repay the Principal
Sum so advanced in Exchequer Bills or in Money as aforesaid,
within the Period of Twenty Years from the Date of such
Advance, the first of which Instalments to commence and be
payable within the Period of Five Years from the Date of such
Advance at the farthest, together with Interest thereon, or on
such Part thereof as shall from Time to Time remain unpaid,
at and after the Rate of Five Pounds per Centum per Annum^ or
at such other .Rate of Interest as the said Exchequer Bill Loan
Commissioners are or shall be empowered to take on or for
such Advance or Loan ; and that such Mortgage or Charge so
to be made to the said Exchequer Bill Loan Commissioners
or their Secretary shall be made and prepared in such Form
as they the said Commissioners shall order and direct.

II. And be it enacted, That any Security which shall be Swnritto not
executed by the said Harbour Commissioners, or by such ^^^*^,
Majority of them as aforesaid, to the said Exchequer Bill Loan formaUtiet.
Commissioners or their Secretary, shall not be impeachable on

account of any Informality in the Election or Appointment
of such Harbour Commissioners, or of any of them, or oh
account of any Deficiency in Number of the general Body of
such Commissioners for the Time being.

III. And be it enacted. That this Act, and the several ThisActnot
Powers, Matters, and Authorities herein contained, shall not Ya^eTof^X'
operate to repeal, annul, restrain, lessen, or abridge all or any chequer Bin
of the Powers, Authorities, or Remedies given to or vested in Lom CMmnii-
the said Exchequer Bill Loan Commissioners in or by the ^^J*^^
aforesaid Act passed in the Fifty-seventh Year of the Reign

of Hb said late Majesty King George the Tliird, and the several

Z 2 other

350

Cap. 63) 64.

Slave Trade Treaties^

8&4Vicr.

AllSamflto
be raised under
the Authority
of this Act to
be applied
under the
Direction of
the Commis-
■ionert fiir
repairing. &c.
the Haitours
of theUand.

l&S Vict.

Cl02.

Recited Act
Airther.ooiv-
*"iiifd-

other Acts since passed or to be passed for amending, continu-
ing, or extending the same, or any of them, or any of the
Clauses or Provisions in the same Acts or any of them respec-
tively contained or to be contained, in regard to Mortgages or
other Charges or Securities executed or to be executed there-
under, or to the Property, Estate, or Effects comprised or to be
comprised in such Mortgages or other Charges or Securities.

IV. And be it enacted. That all and every the Exchequer
Bills, Sum or Sums of Money, which shall be borrowed, or
raised under or by virtue of the Powers or Provisions of this Act,
or so much thereof as shall not be required for defraying the
Expences of or incident to the raising the same as aforesaid,
shall, by the said Harbour Commissioners, or the major Part of
them, (of whom the said Receiver General or his Deputv shall
always be one,) be applied and disposed of in or for the re-
pairing and amending, improving, enlarging, securing, pre-
serving, and maintaining the said Harbours and Sea Ports in
the said Isk of Man, and the several Works connected or to
be connected therewith, in such Manner as they the said
Commissioners, or such major Part of them as aforesaid, shall
think proper, according to the true Intent and Meaning of
the said recited Acts and of this Act, subject nevertheless to the
Control and Direction of the Lord High Treasurer, or the
Commissioners of Her Majesty's Treasury, for the Time beings
and to or for np other Use, Intent, or Purpose whatever*

•

CAP. LXIV.

An Act to continue, until Eight Months after the
Commencement of the next Session of Parliament, an
Act for authorizing Her Majesty to carry into imnne-
diate Execution, by Orders in Council, any Treaties
for the Suppression of the Slave Trade.

[7th August 1840.]

Tl^HEREAS an Act was passed in the First and Second
^^ Years of the Reign of Her [present Majesty, intituled
An Act to revive and continue until Six Months after the Com--
meneement of the next Session of Parliament, and to amend, an Act
for autharizinff Her Majesty to carry into immediate Execution,
by Orders in Council, any Treaties made for the Suppression of
the Slave Trade : And whereas the said Act was further con-
tinued by an Act passed in the last Session of Parliament :
And whereas it is expedient that the said Act should be fur-
ther continued:' Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the
same^ That the said recited Act, and all the Powers, Provisions,
Matters, and Things therein contained, shall continue in force
until the Expiration of Eight Months after the Commencement
of the next Session of Parliament.

.1840. Admiralty Court Cap. 65. 851

CAP. LXV.

An Act to improve the Practice and extend the Juris-
diction of the High Court of Admiralty of England.

[7th AugiM 1840.]

< WHEREAS the Jurisdiction of the High Court of Ad*
' miralty o{ England may be in certain respects advan-

' tageously extended, and the Practice thereof improved :' Be
it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament as-
sembled, and by the Authority of the same, That it shall be Dem of Arches
lawfol for the Dean of the Arches for the Time being to be Jj ^|J^^J^
assistant to and to exercise all the Power, Authority, and Adminltyin
Jurisdiction, and to have all the Privileges and Protections, certain Caeei.
of the Judge of the said High Court of Admiralty, with
respect to all Suits and Proceedings in the said Court, and
that all such Suits and Proceedings, and all Things relating
thereto, brought or taking place before the Dean of the
Arches, whether the Judse of the said High Court of Ad-
miralty be or be not at the same Time sittmg or transacting
the Business of the same Court, and also during any Vacancy
of the Office of Jud^e of the said Court, shall be of the same
Force and l^ect in dl respects as if the same had been brought
or had taken place before the Judge himself, and all such Suits
and Proceedings shall be entered and registered as having been
brought and as having taken place before the Dean of the
Arches sitting for the Judge of the High Court of Admiralty.

II. And be it declared and enacted. That all Persons who Advocates
now are or at any Time hereafter may be entitled to practise Sj!^®?^ *°^
as Advocates in the Court of Arches are and shall be entided oourt of
to practise as Advocates in the said High Court of Admiralty; Aicbestobe
and that all Persons who now are or hereafter may be entitled ^J?j?^ Ad^*
to act as Surrogates or Proctors in the Court of Arches shall jninity.
be entitled respectively to practise and act, or to be admitted
to practise and act, as the Case may be, as Surrogates and
Proctors in the said High Court of Admiralty, according to the
Rules and Practice now prevailing and observed or her^ter to
be made in and by the said High Court of Admiralty touching
the Admission and practising of Advocates, Surrogates, and
Proctors in the said Court respectively.

IIL And be it enacted. That after the passing of this Act, Whenerer a
whenever any Ship or Vessel shall be under Arrest by Process ]^J^^^ ^
issuing from the said High Court of Admiralty, or the Pro- ptooeeds
ceeds of any Ship or Vessel having been so arrested shall have brought into
been brought into and be in the Registry of the said Court, ^^JJ'i^
in either such Case the said Court shall have full Jurisdiction jurudietion
to take cognizance of all Claims and Causes of Action of over Clums of
any Person in respect qf any Mortgage of such Ship or Vessel, Mortgagees

Z 8 and

353 Cap. 65. Admiralty Ctmrt 8 & 4 Vict.

and to decide any Suit instituted by any such Person in respect
of any such Claims or Causes of Action respectively.
Court to decide Iv. And be it enacted, That the said Court of Admiralty
TitiTiTai^^ shall have Jurisdiction to decide all Questions as to the Title
Causes of ^^ ^^ Ownership of any Ship or Vessel, or the Proceeds thereof
Possession, remaining. in the Registry, arising in any Cause of Possession,
Salvage, &c. Salvage, Damage, Wages, or Bottomry, which shall be instituted

in the said Court after the passing of this Act
Appeals may V. And be it enacted, That whenever any Award shall have

be made to the been made by any Justices of the Peace, or by any Person
SlIluJ'L nominated by them, or within the Jurisdiction of the Cinque
DistributioD. Ports by any Commissioners, respecting the Amount of Salvage

to be paid, or respecting any Claims and Demands for Services
or Compensation, which such Justices and Commissioners
within their several Jurisdictions are empowered to decide
under the Provisions of Two Acts passed in the Second Year
of the Reiffn of King George the Fourth, for remedying certain
Defects relative to the Adjustment of Salvage, or whenever
any Sum shall have been voluntarily paid on any such Account
of Salvage, Services, or Compensation, it shall be lawful for
any Person Interested in the Distribution of the Amount
awarded or paid to require Distribution to be forthwith made
thereof, and the Person or Persons by whom such Amount
shall be awarded, or in the Case of 'voluntary Payment the
Person by whom the same shall have been received, shall
forthwith proceed to the Distribution thereof among the several
Persons entitled thereunto, to be certified in the Case of an
Award under the Hand of the Person or Persons by whom such
Amount shall be awarded, and an Account of every such Dis-
tribution shall be annexed to the Award ; and if i^ny Person
interested in the Distribution shall think himself aggrieved on
account of its not being made according to the Award, or
otherwise^ it shall be lawful for him, within Fourteen Days
after the making of the Award, or Payment of the Money, but
not afterwards, to take out a Monition from the said High
Court of Admiralty, requiring any Person being in Possession
of any Part of the Amount awarded or voluntarily paid to bring
in the same, to abide the Judgment of the Court concerning the
Distribution thereof; and in the Case of an Award the Person
or Persons by whom the Award shall have been made shall,
upon Monition, send without Delay to the said High Court of
Admiralty a Copy of the Proceedings before him and them,
and of tlie Awarc^ on unstamped Paper, certified under his
or their Hand ; and the same shall be admitted by the Court
as Evidence, and the Amount awarded or voluntarily paid shall
be distributed according to the Judgment of the Court.
The Court, ia VI. And be it enacted, That the High Court of Admiralty
*^**adiuSorta ^^^ '^^^^ Jurisdiction to decide all Claims and Demands
™CWiiia for whatsoever in the Nature of Salvage for Services rendered to
Serriees and or Damage received by any Ship or Sea-going Vessel, or in
KeG«Miie«, xh^ Nature of Towage, or for Necessaries supplied to any

Foreign

1840. Admiralty CourU Cap. 65. SSS

Forei)^ Ship or Sea-going Vessel, and to enforce the Payment altbongfa not
thereof, whether such Ship or Vessel may have been within ^hAeHigh
the Body of a County, or upon the High Seas, at thcf Time
when the Services were rendered or Daman^e received, or
Necessaries furnished, in respect of which such Claim is made.

VIL And be it enacted. That in any Suit depending in the ETidenecmay
said High Court of Admiralty the Court (if it shall think fit) ^ ^«n mi
may summon before it and examine or cause to be examined Jj^^ ^^^ .
Witnesses by Word of Mouth, and either before or afler ^/^^^^//.^y^
Examination by Deposition, or before a Commissioner, as ^^y ^
herein-after mentioned; and Notes of such Evidence shall be
taken down in Writing by the Judge or Registrar, or by such
other Person or Persons, and in such Manner, as the Judge of
the said Court shall direct.

VIII. And be it enacted, That the said Court may, if it ETidcnce nwy
shall tliink fit, in any such Suit, issue One or more Special ^ **j^ ^^
Commissions to some Person, being an Advocate of the said ^Lnu^oer.
High Coort of Admiralty of not less than Seven Years standing,

or a Barrister at Law of not less than Seven Years standing, to
take Evidence by Word of Mouth, upon Oath, which every such
Commissioner is hereby empowered to administer, at such
Tune or Times, Place or Places, and as to such Fact or Facts,
and in such Manner, Order, and Course, and under such
Limitations and Restrictions, and to transmit the same to the
Registry of the said Court, in such Form and Manner as in
and by the Commission shall be directed; and that such Com-
missioner shall be attended, and the Witnesses shall be examined,
cross-examined, and re-examined by the Parties, their Counsel,
Proctors, or Agents, if such Parties, or either of them, shall
think fit so to do; and such Commission shall, if need be^
make a Special Report to the Court touching such Examination,
and the Conduct or Absence of any Witness or other Person
thereon or relating thereto ; and the said High Court of
Admiralty is hereby authorized to institute such Proceedings,
and make such Order or Orders, upon such Report, as Justice
may require, and as may be instituted or made in any Case
of Contempt of the said Court

IX. And be it enacted, That it shall be lawful in any Suit ^^^^
depending in the said Court of Admiralty for the Judge of pi^^^^l^ of
the said Court, or for any such Commissioner appointed in Fkpenmaybe
pursuance of this Act, to require the Attendance of any Wit- ^^^^^
nesses, and the Production of any Deeds, Evidences, Books, or ^^"'^
Writings, by Writ, to be issued by such Judge or Commis-
sioner in such and the same Form, or as nearly as may be,

as that in which a Writ of Subpoena ad testificandum, or of
Subpcena duces tecum, is now issued by Her Majesty's Court
of Queen's Bench at Wtxtminster ; and that every Person dis-
obeying any such Writ so to be issued by the said Judge or
Commissioner shall be considered as in Contempt of the said
High Court of Admiralty, and may be punished for such
Contempt in the said Court

Z 4 X. And

854

Provisions of
S & 4 W. 4.
c. 42. extended
to Court of
Admiralty.

Cap. 65.

Admiralty Caurt.

3&4yiCT.

Power to direct
Issues.

Costs of Issues
and Commss-
sions to be in
the Discretion
of the Court.

Power to'direet
new Trials.

Granting or
refusing new
Trial, Matter of
Appeal.

Bills of Ex-
ceptions to be
allowed on
Trials of Issues-

X. And be it enacted. That all the Provisions of an Act
passed in the Fourth Year of the Reign of His late Majesty,
intituled Jn Act for thejvrther Amendment of the Lawy and better
Administration of Justice^ with respect to tibe Admissibility of
the. Evidence of Witnesses interested on account of the Verdict
or Judgment, shall extend to the Admissibility of Evidence
in any Suit pending in the said Court of Admiralty, and the
Entry directed by ube said Act to be made on the Record of
Judgment shall be made upon the Document containing the
final Sentence of the said Court, and shall have the like Effect
as the Entry on such Record.

XI. And be it enacted. That in any contested Suit depend-
ing in the said Court of Admiralty the said Court shall have
Power, if it shall think fit so to do, to direct a Trial by Jury
of any Issue or Issues on any Question or Questions of Fact
arising in any such Suit, and that the Substance and Form of
such Issue or Issues shall be specified by the Judge of the said
Court at the Time of directing the same ; and if the Parties
differ in drawing such Issue or Issues, it shall be referred to
the Judge of the said Court to settle the same; and such
Trial shall be had before some Judge of Her Majesty's
Superior Courts of Common Law at Westminster^ at the Sittings
at Nisi Prius in London or Middlesex^ or before some Judge of
Assize at Nisi Prius, as to the said Court shall seem fit

XII. And be it enacted, That the Costs of such Issues, or of
such Commission as aforesaid, as the Judge of the said High
Court of Admiralty shall under this Act direct, shall be paid
by such Party or Parties, Person or Persons, and be taxed
by the Registrar of the said High Court of Admiralty, in such
Manner as the said Judge shall direct, and that Payment of
such Costs shall be enforced in the same Manner as Costs
between Party and Party may be enforced in other Proceedings
ia the said Court.

XIII. And be it enacted. That the said Court of Admiral^,
upon Application to be made within Three Calendar Months
after the Trial of any such Issue by any Party concerned,
may grant and direct One or more new Trials of any such
Issue, and may order such new Trial to take place in the
Manner herein-before directed with regard to the first Trial of
such Issue, and may by Order of the same Court direct such
Costs to be paid as to the said Court shall seem fit upon any
Application for a new Trial, or upon any new Trial, or second
or other new Trial, and may direct by whom and to whom
and at what Times and in what Manner such Costs shall be
paid.

XIV. And be it enacted. That the granting, or refusing to
grant an Issue, or a new Trial of any such Issue, may be Matter
of Appeal to Her Majesty in Council.

XV. And be it enacted, That at the Trial of any Issue
directed by the said High Court of. Admiral^, either Parnr
shall have all the like Powers, Rights, and Remedies wim

respect

\$40. Admiralty Court Cap.65. 355

respect to Billa of Exceptions as Parties impleaded before
Jostices . may have, by virtue of the Statute made in that
Behalf in the Thirteenth Year of the Reign of King Edward
the First, with respect to Exceptions alleged by them before
such Justices, or by any other Statute made in the like Behalf;
and. every such Bill of Exceptions, sealed with the Seal of the
Ju^e or Judges to whom such Exceptions shall have been
made, shall be annexed to the Record of the Trial of the said
Issue.

XVL And be it enacted, That the Record of the said Issue, Reeord of the
and of the Verdict therein, shall be transmitted by the Associate ^vue to be
or other proper Officer to the Registrar of the said Court of 2^^^*"*
Admiralty; and the Verdict of the Jury upon any such Issue Admiralty,
(unless die same shall be set aside) shall be conclusive upon
the said Court, and upon all such Persons; and in all fur^er
Proceedings in the Cause in which such Fact is found the
said Court shall assume such Fact to be as found by the Jury,

XVIL And be it enacted. That every Person who, if this Prorinont of
Act had not been passed, might have appealed and made Suit s & s W. 4.
to Her Majesty in Council against any' Proceeding, Decree^ AppeJuto
or Sentence of the said High Court of Admiralty under or apply to Suits
by virtue of an Act passed in the Third Year of the Reign of '? 5^."'J ^
Htt late Majesty, intituled An Actjbr tramfiarinff the Powers of ^^ thS AcL
Ae High Court of Ddegatesy both in Ecdesiastical and Maritime
Gnt«e% to His Mtgesty in Council^ may in like Manner appeal
and inake Suits to Her Majesty in Council against the Pro-
ceedings, Decrees, and Sentences of the said Court in all
Suits instituted and Proceedings had in the same by virtue
of the Provisions of this Act, and that all the Provisions of the
said last-mentioned Act shall apply to all Appeals and Suits
agunst the Proceedings, Decrees, cmd Sentences of the said
Couct in Suits instituted and Proceedings had by virtue of the
Provisions of this Act ; and such Appeads and Suits shall be 3 ft 4 w. 4.
proceeded in in the Manner and Form provided by an Act f.4i. iqiyply
passed in the Fourth Year of the Reign of His late Majesty, ^^""^
intituled An Act for the better Administraiian of Justice in His
Mtgesty s Privy Council ; and all the Provisions of the said
lastrmentioned Act relating to Appeals and Suits from the High
Court of Admiialty shall be applied to Appeals and Suits from
the said Court in Suits instituted and Proceedings had by
virtue of the Provisions of this Act : Provided always, that in Certified Notes
any such Appeal the Notes of Evidence taken as herein-before ?^^^^**°*t^
provided by or under the Direction of the Judge of the said adi^t^on
High.Court of Admiralty shall be certified by ue said Judge Appod.
to Her Majesty in Council, and shall be admitted to prove the
oml Evidence given in the said Court of Admiralty, and that
no Evidence shall be €Mlmitted on such Appeal to contradict
the Notes of Evidence so taken and certified as aforesaid,
but this Proviso shall not enure to prevent the Judicial Com-
mittee of the Privy Council from directing Witnesses to be
examined and re-examined upon such Facts as to the Ccmimittee
shall seem fit, in the Manner directed by. the last^peeited Act.

XVHL And

856

Power for
Judice of Ad'
minilfcy to make
Rules of Court

Gip.65<

AdmiraUy Court.

8&4Vicr^

Frotfotton of
th« Judge of
the Court of
Admlnltj.

Gaolers to re-
ceive Priaooen
eomxnltted by
the Court of
Admiralty or
by Admiralty
Coronen*

Priaooerc n
Caotempt may
be diachaiged.

Jum^otioii
to try QjuesUoiia
oonoemiiig
Booty of War.

Jurisdietioii of
Courts of Law

XVIII. And be it enacted, That it shall be lawful for the
Judge of the said High Court of Admiralty from Time to Time
to make such Rules, Orders, and Regulations respecting the
Practice and Mode of Proceeding of the said Court, and the
Conduct and Duties of the Officers and Practitioners therein,
as to him shall seem fit, and from Time to Time to repeal or
alter such Rules, Orders, or Regulations: Provided always,
that no such Rules, Orders, or Regulations shall be of any
Force or Effect until the same shall have been approved by
Her Majesty in Council.

XIX. And be it declared and enacted. That no Action shall
lie against the Judge of the said High Court of Admiralty
for Error in Judgment, and that the said Judge shall be
entitled to and have all Privileffes and Protections in the
Exercise of his Jurisdiction as Juoge of the said Court which
by Law appertain to the Judges of Her Majesty's Superior
Courts of Common Law in the Exercise of their several
Jurisdictions.

XX. And be it enacted, That the Keeper for the Time being
of every Common Gaol or Prison shall be bound to reoeive
and take into his Custody all Persons who shall be committed
thereunto by the said Court of Admiralty, or who shall be
committed thereunto by any Coroner appointed by the Judge
of the said Court of Admiralty, upon any Inquest taken
within or upon the High Seas adjacent to the County or other
Jurisdiction to which such Gaol or Prison belongs; and every
Keeper of any Gaol or Prison who shall refuse to receive into
his Custody any Person so committed, or wilfully or carelessly
snfler such Person to escape and go at large without lawful
Warrant, shall be liable to the like Penalties and Consequences
as if such Person had been committed to his Custody by any
other lawful Authority«

XXL And be it enacted. That it shall be lawful for the
Judge of the said High Court of Admiralty to order the
Discharge of any Person who shall be in Custody for Contempt
of the said Court, for any Cause other than for Nonpayment of
Money, on such Conditions as to the Judge shall seem just:
Provided always, that the Order for such Discharge shall not
be deemed to have purged the original Contempt in case the
Conditions on which such Order shall be made be not
fulfilled.

XXII. And be it enacted, That the said High Court of
Admiralty shall have Jurisdiction to decide all Matters and
Questions concerning Booty of War, or the Distribution thereof,
which it shall please Her Majesty, Her Heirs and Successors,
by the Advice of Her and Their Privy Council, to refer to
the Judgment of the said Court ; and in all Matters so referred
the Court shall proceed as in Cases of Prize of War, and the
Judgment of the Court therein shall be binding upon all Parties
eoncerned.

XXIIL Provided always, and be it enaetedf That nothing
herein contained shall be deemed to preclude any of Her

Majesty's

1840. Admiral Cauri {Judff^s Salary). Cap.ff5,66. 9S7

Majesty's Courts of Law or Equity now having Jurisdiction and Equity oot
over the several Subject Mattera and Causes of Action herein* ^» •'•J-
before mentioned from continuing to exercise such Jurisdiction
as fully as if this Act had not been passed*

XXIV. And be it enacted. That this Act may be repealed Aetmaybe
or amended by any Act to be passed in this Session of Par- »"«?<*<<l ^^
liament ®"^"-

CAP. LXVI.

An Act to inake Provision for the Judge, Registrar,
and Marshal of the High Court of Admiralty of
England. [7th August 1840.]

* T\/^HEREAS the present Manner of remunerating the

* ^^ Judge, Registrar, and Marshal of the High Court of

* Admiralty of England ought not to be continued, and it is
< expedient to make otlier Provision for the same, and for
' defraying the other Expences incidental to the said Court:'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
snembled, and by the Authority of the same. That a yearly Judge of tht
Salary of Four thousand Pounds shall be paid to the Judge of ^iK^ Court of
the said High Court of Admiralty, and such Salary shaU be ^"^"5 ^
payable quarterly, and shall be charged upon and paid out of Sakiy.

the Consolidated Fund of the United Kingdom of Great Britain

and Ireland : Provided always, that any such Judge, after the Not to dt !a

present Parliament, shall during his Continuance in Office as ^^^^^*^''

Jadge be incapable of being elected or sitting as a Member of

the House of Commons,

U. And be it enacted, That an Act passed in the Fiftieth Repeal of
Year of the Reign of King Geoiye the Third, intituled An 50G.s.c.n8.
Act for regulating the Offices of Registrars of Admiralty and Priz€
QnartSy is hereby repealed, and that the Registrar of the High Registrar to be
Court of Admiralty shall receive, out of the Fee Fund herein* i***^ Salary,
after mentioned, a yearly Salary of Fourteen hundred Pounds,
instead of all Fees, Dues, Perquisites, Emoluments, and Profits
heretofore received by or on account of or for such R^istrar as
aforesaid : Provided always, that in Time of War or other
extraordinary Circumstances causing a great Increase of
Business in the Office of Registrar of the Court it shall be
lawful for Her Majesty, on the R^ommendation of the Judge
of the High Court of Admiralty, to direct that the yearly Salary
of the said Registrar be increased to such Sum, not exceeding
Two thousand Pounds, as Her Majesty shall be pleased to
direct ; and such increased Salary shidl thenceforward continue
to be paid to the said Registrar, instead of his Salary as fixed
by this Act, and subject to all the Provisions respecting the
same^ until Her Majesty shall be pleased to direct that such
increased Salary be again reduced^

^^ m. And

358 Cap. 66. MmiraUy. Court (Jwfye's Salary). 3&4ViCT.

AppointmeDt III. And be it enacted, That the Person last before the
of R^ginrar. passihg of this Act executing the Duties of Deputy Registrar

of the said Court shall be the First Registrar thereof under and
by virtue of this Act, and he shall hold the same durinfjr his
good Behaviour, subject to be removed by the Judge of tlie
said Court for good and reasonable Cause, such Removal to be
approved of by the Lord High Admiral of the United Kingdom
of Great Britain and Ireland for the Time being, or by the
Lords Commissioners for executing the Office of Lord High
Admiral, as the Case may be ; and every Registrar hereafter to
be appointed for the said High Court of Admiralty shall be
appointed, and for good and reasonable Cause be removeable
by the Judge of the said Court, such Appointment and Re-
moval respectively being subject to the Approbation of the said
Lord High Admiral or the said Lords Commissioners, as the
Case may be ; and every such Registrar shall be taken fronx
amonff Proctors practising in the said Court, cmd of Ten Years
standmg at least.
R^^istrar shall IV. Provided always, and be it further enacted, That the
^*^^*^^ first Registrar under and by virtue of this Act, and every
Hearing of Registrar to be hereafter appointed, shall, subject to such
Causes and Orders as Her Majesty in Council shall from Time to Time
^/STr^^Sw ™*^^» attend the hearing by the Judicial Committee of the
ofthe C^rtof ^^^ Council of all Causes and Appeals which the R^istrar
Chancery. of the High Court of Admiralty was entitled to attend in Person

or by Deputy by virtue of bis Office of Registrar of the High

Courts of Admiralty, Delegates, and Appeals for Prizes, before

the passing of an Act passed in the Third and Fourth Years of

S&4W.4.C.41. His late Majesty King WiUiam the Fourth, intituled An Act for

the better Administration of Justice in Her Mcgesty^s Privy Council^
and likewise shall, subject to any Order of Her Majesty in
Council, transact, perform, or do all Acts, Matters, and Things
that shall be found necessary or have heretofore been done by
the said Registrar or his Deputies in respect of such Causes
and Appeals.
Manbai to he V. And be it enacted. That the Marshal of the High Court
pad by Salary, ^f Admiralty shall receive out of the Fee Fund herein-after

mentioned a yearly Salary of Five hundred. Pounds, besides
such travelling and other Expences necessarily incurred in the
Execution of his Duty as the Judge of the Admiralty Court,
with the Approbation of the Commissioners of Her MajesQr's
Treasury of the United Kingdom of Cheat Britain and IreUmd%
shall allow, instead of all Fees, Dues, Perquisites, Emoluments,
and Profits heretofore received by or on account of such Mar-
Sahrymay be sbal : Provided always, that in Time of War and other extra-
■Ilnwd^War ^J^^^"*^ Circumstances causing a great Increase in the Business

of the Office of Marshal of Uie Court, it shall be lawful . for
Her Majesty, on the Recommendation of the Judge of the Court,
to direct that the yearly Salary of the Marshal be increased to
such Sum, not exceeding Eight hundred Pounds, as Her Majes^
shall be pleased to direct ; and such increased Salary shall thence-
forward continue to be paid to the Marshal instead of his Salary

1840. Admiralty Court {Judges Salary). Cap. 66. 3S9

as fixed by this Act, and subject to all the Provisions respecting
the same, until Her Majesty shall be pleased to direct that such
increased Salary be again reduced.

VI. And be it enacted, That the Judge of the High Court Clerlu, &c. to
of Admiralty, subject to the Approval of the Lord High Ad- j^^^^^J,^^
miral, or any Three or more of the Commissioners for executing ^ ^rorai of
the Office of Lord High Admiral, shall appoint so many Officers Lord High

as he shall think necessary for executing die Process of the said ^^™™^
Court, and also so many Clerks and Servants as he shall think
necessary for carrying on the Business of the said Court ; and
the said Judge, with the like Approval, may remove, at pleasure,
all or any of the Clerks, Officers, and Servants so appointed ;
and the Commissioners of Her Majesty's Treasury shall fix the
Salaries of all such Clerks and Servants ; and the Officers for
executing the Process of the Court shall be paid such Allowances,
and such travelling and other Expences necessarily incurred in
the Execution of their Duty, as the Judge of tiie Admiralty
Court, with the Approbation of the Commissioners of Her Mar-
jesty's Treasury, shall allow ; and the Salaries of all the Clerks
and Servants, and all such Allowances .and Expences, and. all
other Expences of carrying on the Business of the said Court,
not otKerwise provided for, shall be paid out of the Fee Fund
herein*after mentioned, and shall be allowed in the Account to
be rendered by the Registrar as herein-after provided.

VII. And be it enacted. That it shall be lawful for Her Retiring Fen-
Majesty, by Letters Patent under the Great Seal of Great '^ ^ •^"^
Britain^ to give and grant an Annuity^ not exceeding the yearly

Sum of Two thousand Pounds, to any Person who shall have
executed the Office of Judge of the High Court of Admiralty,
and shall have resigned the same, to be paid quarterly, and to
be charged upon and paid out of the Consolidated Fund of the
United Kingdom of Chreat Britain and Irelandj such Annuity to
commence from the Time at which such Judge of the said Court
shall have resigned his said Office, and to continue thenceforth
during the natural Life of the Grantee : Provided always, that
no such Annuity shall be granted unless eidier the Grantee shall
have been Judge of the said Court during at least Fifteen Years,
or unless such Person shall be afilicted with some permanent
Infirmity disabling him from the due Execution of his said
Office, which shall be expressly reicited in the Grant : Provided
also, that if the Grantee of any such Annuity shall hold any
other Office of Profit under Her Majesty he shall be entitled to
i^ceive so much only of the said Annuity as, together with the
Salary and Profits of such other Office, shall not exceed the
Sum of Two thousand Pounds.

VIII. And be it enacted, That the said Salaries and An^ Salaries and
unities shall be paid, fi'ee and clear of all Fees, Taxes, and Annuities how
Charges whatsoever, by Four equal quarterly Payments, on the ^ ** P«*d.
Fifth Day of January, the Fifth Day of April, the Fifth Day of

J%, and the Tenth Day of October in every Year : Provided
that the Payment to be made in each Case on the first of the
said quarterly Days which shall happen after the Accrual of

the

860 Cap. 66. Admiralty Court [Judg^fs Salary) . 3 & 4 Vict.

the Right thereanto of the Person receiving the same under

this Act shall be a rateable Proportion of a Quarter's Salary

according to the Time then elapsed since the Accrual of racfa

Right; and in case of Vacancy in the Office of any Judge,

Registrar, or Marshal, or of any Clerk, Officer, or Servant,

receiving a Salary under this Act, whose Salary is fixed by this

Act, of the High Court of Admiralty, the Person making the

Vacancy, his Executors or Administrators, shall be entitled to

a proportional Part of his quarterly Salary according to the

Time elapsed between the Vacancy and the last quarterly Pay*

Blent

Office of Be. IX. And be it enacted. That the Office of Registrar of the

S^dV ^ High Court of Admiralty shall not in future be executed by

Deputy. Deputy, except in case of Illness or Absence for any Cause to

be allowed by the Judge, but the Person appointed Registrar
shall, by himself, or with an Assistant, in case an Assistant
shall be necessary, personally execute the Duties thereof: Pro*
vided always, that the Judge, Surrogate, Commissioner, or other
Substitute of the Judge, may, according to the established Law
and Practice of the said Court, from Time to Time, and as
Occasion may require,' assume an Actuary for the Purpose of
recording Acts: Provided also, that the said Registrar may^
with the Approbation of the Judge, from Time to lime appoint
such and so many Proctors of the said Court as may be deemed
necessary, to be Examiners thereof
Appointment of X. And be it enacted. That it shall be lawful for the said
Deputy Re^ Registrar, from Time to Time as Occasion may require,^ to

tnur m case of ° . t-w ^ a • i • «r^ ^ n\\. •j

i\\^^ &e* appomt a Deputy or Assistant, being a Proctor of the said

Court, to act for the said Registrar, in case of his Absence from

Illness or other reasonable Cause allowed by the Judge, such

Deputy or Assistant to be first approved by the Judge of tbe

High Court of Admiralty ; and no such Deputy or Assistant

shall continue to act for any longer Time than shall be allowed

and specified in and by the Order which shall be made by, on

each Occasion, the Judge of the High Court of Admiralty :

Provided that in case any Registrar of the said Court who shall

be prevented by Illness firom giving his pei*sonal Attendance

shall omit for the Space of Two Days to appoint such Deputy

or Assistant, the Judge of the High Court of Admiralty shall,

if he shall see fit, himself appoint such Deputy or Assistant,

and direct what Part of the Salary of such Registrar shall be

received by such Deputy or Assistant, and the same shall be

paid over to and received by him accordingly.

Judge of Ad- XL And be it enacted. That at any Time when the State

d^iJwt^the*! °^ ^^^ Business of the said Court shall appear to require the

poimment of* Appointment of an Assistant Registrar, the Judge of Ae High

An AMwtmt Court of Admiralty may direct the Registrar to make such

Regutiw; Appointment; and such Assistant Registrar, being one of the

Proctors of the said Court, shall thereupon be appointed by the

Registrar, subject to the Approval of the Judge of the Coui%

and for such Time as the Judge may think necessary, and shall

bis Salary. be entided to receive a Salary, not exceeding Twelve hundred

Pounds

]840. Adndrahf Ctnai (Judges SaUury). Cap. 66. 861

Poundsi as Her Majesty shall be pleased to direet, which Salary
in either Case shall be paid out of the same Fund and be subject
to the same Provisions as are herein enacted with respect to the
Payment of the Salary of the Registrar.

XII. Provided always, and be it further enacted. That the Account of
Jud^e of the High Court of Admiralty shall cause to be laid on ^^^^
the fable of the House of Commons, within Fourteen Days of Appointments
making the Increase of Salaries or the Appointments herein- to be laid on the
after mentioned, if Parliament shall be then assembled, or if H^jJ^^'if^*'
^Parliament shall not be sitting then within Fourteen Days next Commom.
after the assembling thereof, an Account of all Increase of
Salaries made under the Authority of this Act, and of all Ap-
pointments of Officers, Clerks, and Servants made under this
Act, by the said Judge, with the Consent or Approbation of
the Lord High Admiral or Commissioners for executing the
Office of the Lord High Admiral, or by the Registrar with the-
Consent or Approbation or by the Direction of the said Judge,
vith an Account of the Salaries directed to be paid to such
Officers, Clerks, and Servants.

XIIL And be it declared and enacted, That it shall be lawiul Her Majesty
fcr Her Majesty to regulate the Fees of the said Court, and 1^^^^
to amend and alter the Table of Fees therein, as by Her

^AJest^, with the Advice of Her Privy Council, shall be thought

fit

XIV. And be it enacted. That the Registrar of the High R^giatnr to
Court of Admiralty shall, on or before the Twentieth Day of Ji^for STf^
January in every Year, render to the Lord High Treasurer o» f^iivJab/hka!
the Commissioners of Her Majesty's Treasury, upon Oath, to '

he iworn before the Judge of die High Court of Admiralty or \
a Surrogate of the said Court, a true Account in Writing of the
gross and net Amount of all such Fees and Emoluments as shall
have become due in the preceding Year ending on the Fifth
^y of January on account of Uie Judge of the said Court,
by virtue of his Office as such Judge, or on account of the
Marshal or any other Officer of the said Court, specifying
the Particulars of the Payments, Disbursements, Allowances,
and Charges constituting the Difference between such gross ^
and net Amounts, and also a like Account of all the Fees,
Dues, Perquisites, Emoluments, and Profifs received by or on
account of or for the Registrar of the said Court of Admiralty ;
and the Marshal, Seal-keeper, and every other Officer of the
Court, in the Receipt of any Fees for Business done in the
>aid Court, shall render to the Registrar upon Oath,, to be
sworn before the Judge or a Surrogate of the Court, a true
Account in Writing of all the Fees respectively received by
€^h of them, at such Times and subject to such Regulations as
the Judge of the Court from Time to Time shall think fit to
direct.

XV. And be it enacted, That all the Fees so received on Fe« ^ be_^
account of the Judge and Marshal or any other Officer of the ^^ ^ ^^
Court of the said High Court of Admiralty, and also all the

Fees,

362 Cc^. 66. Admiralty Court (Judges Salary). 3 & 4 Vict.

Fees, Dues, Emoluments, Perquisites, and Profits received by
or on account of the said Registrar after the Expiration of the
Interest at present vested in Possession in the said Office of
Registrar, shall be carried by the Registrar to an Account to
be opened and kept in the Bank of England of a Fund to be
called " The Fee Fund of the High Court of Admiralty;" and
out of the said Fee Fund there shall be paid by the said Re-
gistrar, at the Times and in the Manner herein-before directed,
the Salaries of the Registrar, Assistant Registrar, and Mar-
shal, and of the Clerks, Officers, and Servants of the said' Court,
and all Expences of holding and carrying on the Business of
the said Court not otherwise provided for; and in case there
shall be at any Time a Deficiency in the said Fee Fund, so
that the same shall not be sufficient to discharge the several
Salaries and Sums of Money herein-before charged thereon, the
Judffe of the High Court of Admiralty shall, by Writing under
his Hand and Seal, certify to the Lord High Treasurer, or
to the Commissioners of Her Majesty's Treasury, the Amount
of such Deficiency; and the Lord High Treasurer, or any
Three of such Commissioners, shall forthwith, upon the Re-
ceipt of such Certificate, direct that there be issued and paid
out of and charged upon the Consolidated Fund of the United
Elingdom of GrecU Britain and Ireland, to the Principal or
Deputy Registrar of the said Court, on account of the Fee
Fund of the said Court, such a Sum of Money as shall be
sufficient to cover the Deficiency so certified to them as
aforesaid.
Surplus to be XVL And be it enacted. That when and so often from Time
wHdlJljdF^dl ^ '^™® ^ the said Fee Fund shall amount to such a Sum
* as shall be sufficient to pay all the Salaries and Sums of Money
herein-before charged thereupon, and there shall be a Surplus
remaining after such Payment, the Registrar of the High
Court of Admiralty shall, once in every Quarter of a Year,
(that is to say,) on or before the Twentieth Day of April, the
Twentieth Day of July, the Twentieth Day of October, and the
Twentieth Day of January, pay such Surplus (if any) into the
Bank of England, to the Credit of Her Majesty's Exchequer, to
the Account of the said Consolidated Fund*
'^H^^*^^ XVIL And be it ^enacted. That it shall be lawful for the
direcTRiyr Commissioners of Her Majesty's Treasury pf the United King-
menu out of dom of Great Britain and Ireland for the Time being, and they
ConMiidated ^re hereby authorized and required, by Warrant under their

Hands or the Hands of any Three of them, to direct the
several Payments aforesaid to be made out of the Consolidated
Fund as herein-before prescribed.
Judge and XVHI, And be it enacted. That neither the Judge, nor

recM^'no Fe2t ^^V ^^^^^^ Registrar, Assistant Registrar, or Marshal of the
on tiieir own High Court of Admiralty, shall be entitled to, or take for his
Aecoiint, own Use or Benefit, directly or indirectly, any Fee or Emolu-

ment whatsoever, save the Salary, Allowance, or Annuity to
which he shall be entitled by virtue of this Act*

XIX, And

1840.

Slave Trade (Veneznela).

Cap. 66, 67.

XIX. And be it enacted, That in case, the said Lord High
Treasurer, or any Three or more Commissioners of Her msL-
jest/s Treasury, for the Time being, shall be dissatisfied
with any Account to be rendered to them as aforesaid, it shall
be lawful for him or them to refer the same to the Judge of the
High Court of Admiralty and to the Dean of the Arches, or
to either of them, who shall thereupon, by such Ways and
Means and by the Examination of such Persons as they or he
shall think fit, and upon Oath, if they or he shall think the same
necessary, (which he or they is and are hereby authorized to
administer,) inquire into the said Accounts, or any Entry
therein, and all or any of the Disbursements, Allowances, or
Charges therein contained, and make such Allowances and
Disallowances therein as he or they shall think reasonable, and
shall finally settle and certify in Writing the net Amount of
the Fees and Emoluments to which such Account relates.

XX. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in this Session of Parliament.

863

Accounts may
be referred to
Judge of Court
of Admiralty
and to Dean
of Arches.

Act may be
amended.

CAP. LXVIL

An Act for carrying into effect the Treaty between
Her Majesty and the Republic of VeneziLela, for
the Suppression of the Slave Trade.

[7th August 1840.]

VI/'HEREAS on the Fifteenth Day of March in the Year
^ of our Lord 6ne thousand eight hundred and thirty-
nine a Treaty was concluded and signed at Caracas, between
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland and the Republic of Venezuela^ for the
Suppression of the Slave Trade : And whereas by the First
Article of the said Treaty Great Britain and the Republic of
Venezuela declare the Traffic in Slaves abolished for ever;
and in order to avoid any Doubts that may hereafter occur
from any Circumstances proving prejudicial to the Interest
of Commerce and Navigation, for Want of a proper Expla-
nation of the real Spirit of the Phrase " Traffic in Slaves,"
the said Contracting Powers thereby mutually declare it to
be understood by such Traffic, such only which is carried on
in Negroes brought from Africa, in order to transport them
to other Parts of the World for Sale, but in no Manner
whatever the conveying from one Port or Place to another
belonging to the Republic the Slaves existing within it, be
such undertaken either with the Object of selling them, or
with any other not prohibited by the Laws : And whereas by
the Second Article it was agreed by the Republic a( Venezuela
to preserve in force the Provisions of the Law of the Eigh-
teenth of Fdmuvry One thousand eight hundred and twenty-
five, the Object of which was to declare as Pirates, and
punish with the Pain of Death, all such Venezuelans, who, on
[No. 24. Price 2rf.] A a • the

864

Cap. 67.

Slave Trade {Venezuda).

3 & 4 Vict.

(
i
t
(
(
C

c

(
i
t
c
i

the High Seas or in any other Place under the Jurisdiction
of the Republic, may be found embarking, transporting, or
disembarking One or more Persons brought from Africa
as Slaves : And whereas by the Third Artide it was agreed,
that although the Law just cited had produced the desired
Effect in not having been infringed by any Venezuelan up
to the Time of the said Treaty, Venezuela notwithstanding
will promulgate every other Legislative Provision that may
be deemed requisite for the I'revention of her Citizens
engaging in any way in the said TraflSc in Slaves, and
for the complete Extinction thereof, seeing that the same
are in harmony with those which may be promulgated by
Great Britain for the like Object : And whereas by the Fourth
Article Her Majesty the Queen of Great Britain and Irdand
and the Republic of Venezuela mutually engaged to specify,
by an additional Convention hereafter to be concluded be-
tween the Contracting Parties, the Acts which constitute
Piracy^ in which will be comprehended the Traffic in Slaves ^
and that after the Conclusion of such Convention the Legis-
lative Power of each Country shall promulgate, with as little
Delay as possible, Laws for the Punishment of the said Acts
committed by the respective Subjects or Citizens of either
Nation : And whereas by the Fifth Article it was agreed
that the mutual Right of Search might be exercised by the
Ships of War of the respective Powers on board the Vessels
•f each Nation, but only within ' the Waters herein-after
described; namely,

* First Along the Western Coast of Africa, from

< C(g)e Verd to the Distance of Ten Degrees to the South

< of the Equator ; that is to say, from the Tenth Degree

< of South Latitude to the Fifteenth Degree of North

< Latitude, and as far as the Fortieth Degree of East
^ Longitude, reckoning from the Meridian of Caracas*

* Second. All round the Island of Madagascar to the

< Extent of Twenty Leagues from that Island.

* Third. The same Distance from the Coast of the
^ Island of Cuba.

^ Fourth. The same Distance from the Coasts of the
^ Island of Puerto Mico ; and

* Fifth. The same Distance from the Coasts of Brazil.
It was however understood that a suspected Vessel descried
and begun to be chased by the Cruizers whilst within the said
Space of Twenty Leagues might be searched by them beyond
those Limits, if, without ever having lost Sight of her, they
should only succeed in coming up with her at a greater Dis-
tance from the Coast : And whereas by the Sixth Article it was
agreed that the Cruizers might detain Vessels trafficking in
Slaves, be it that they have been fitted out with this Object,
or that during the Voyage on which they are met with they
may have been employed in the before-mentioned Traffic,
in contravention of what is stipulated in the present Treaty,
and might s^ad or conduct them to those Places where they

< might

1840.

,Slave TVade (Venezuela).

Cap.6T.

9611

^ might be'brought before the public Tribunals that take cogni-*
^ zance of Piracy, according to the Laws of the respective
^ Countries; it was, however, not by this to be understood^

* that Venezuela was obliged to fit out Cruizers expressly to aid

* in the Pursuit of Vessels engaged in the Traffic in Slaves;
' And whereas, in order to regulate the Mode of carrying into
^ effect the Provisions of the Two preceding Articles, the Con->
'tracting Parties by the Seventh Article agreed, —

' First. That all Ships of the Navies of the Two
Nations which should be hereafter employed to prevent the
Traffic in Slaves should be furnished by their respective
Governments with a Copy of the present Treaty in the
English and Spanish Languages, and also of the Instruc-'
tions for Cruizers annexed thereto^ which Annex was ta
be considered as an integral Part of this Trea^.

^ Second. That Great Britain should communicate
from Time to Time to Venezuela the Names of the several
Ships jfiirnished with such Instructions, the Force of
each, and the Names of their respective Commanders,'
and the same to be done by Venezuela towards Great
Britain whenever Cruizers on her Part should be estab-
lished with the like Object.

' Third. That if at any Time there shall be just
Cause to suspect that any Merchant Vessel under the
Flag and proceeding under Convoy of any Ship or
Ships of War of ei&er of the Contracting Parties was
engaged or intended to be engaged in ue Traffic in
Slaves^ or was fitted out for th&t Purpose, or was,
during the Voyage in which she might be met with, en-
gaged in the Traffic in Slaves, it slutll be lawful for the
Commander of any Ship of the Navy of either of the
Two Contracting Parties to visit the said Merchant
Vessel, provided such be done within the Limits spe-
cified in the said Fifth Article of this Treaty; and
such Commander should proceed to effect the same in
Communication with the Commanding Officer of the
Convoy, who it was thereby agreed should give every
Facility to such Visit, and to the eventual Detention of
such Vessel, and in all Things should assbt to the utmost
of his Power in the due Execution of the present Treaty.

* Fourth. It was further mutually agreed, that the
Commanders of the Ships of the Two Navies who should
be employed on this Service should adhere strictly to
the exact Tenor of the aforesaid Instructions annexed to
the said Treaty :

* And whereas by the Eighth Article the Contractmg Parties

* engaged mutually to make good any Losses which their respeo-

* tive Subjects or Citizens might incur by the arbitrary or

* illegal Detention of their Vessels, it Jbeing understood that

* this Indemnity shall invariably be borne by the Government
^ whose Cruizer shsill have been guilty of such arbitrary and
\ iU^;aL;I]!elention; agreeing likewise that the Visit and Deten-

A a 2 • tion

86^

Cap. 67.

Slave Trade {Venezuela).

3&4VICT.

tion of Vessels specified in the Fifth and Sixth Articles of
the said Treaty can only be executed by British and Vene-
zuelan Ships of War, and by those only which are furnished
with the Special Instructions annexed to the said Treaty for
its complete Execution : And whereas by the Ninth Article
it was agreed that in case the Commanding Officer of any
of the Ships of the Navies of Great Britain and Venezuela
respectively, duly commissioned according to the Provisions
of the Fifth and Sixth Articles of the said Treaty, should
deviate in any respect from the Stipulations of the said Treaty,
or from the Instructions annexed to it, the Government
which shall conceive itself to be wronged thereby shall be
entitled to demand Reparation ; and in such Case the Go-
vernment to which such Commanding Officer may belong
binds itself to cause Inquiry to be made into the Subject
of the Complaint, and to inflict upon the said Officer a
Punishment proportionate to the Transgression committed :
And whereas by the Tenth Article it was further agreed,
that every Merchant Vessel, British or Venezuelan, which
should be visited by virtue of what is expressed in the Fifth/
and Sixth Articles of the said Treaty, might lawfully be
detained, and sent or brought before Uie corresponding Tri-
bunal of the Nation to which she belongs, if in her Equip-
ment there shall be found any of the Things herein-after
mentioned; (namely,)

^ First. Hatches with open Gratings, instead of the

< close Hatches which are used in Merchant Vessels.

^ Second. Divisions or Bulk Heads in the Hold or

' on Deck, in greater Number than are necessary for

* Vessels engaged in lawful Trade.

* Third. Spare Planks fitted for laying down as a

* Second or Slave Deck.

* Fourth. Shackles, Bolts, and Handcuffs.

* Fifth. A larger Quantity of Water in Casks or in

* Tanks than is requisite for the Consumption of a Crew

* of the Vessel as a Merchant Vessel.

* Sixth. An extraordinary Number of Water Casks or

* of other Vessels for holding' Liquid, unless the Master

* shall produce a Certificate from the Custom House at

* the Place from which he cleared Outwards, stating

* that a sufficient Security had been given by the Owners
' of such Vessel that such extra Quantity of Casks or

* other Vessels should only be used to hold Palm Oil, or

* for other Purposes of lawful Commerce.

* Seventh. A greater Quantity of Mess Tubs or Kids

* than are requisite for the Use of the Crew of the Vessel

* as a Merchant Vessel.

^ Eighth. A Boiler of an unusual Size, and larger

* than requisite for the Use of the Crew of the Vessel as a

* Merchant Vessel ; or [more than One Boiler of the

* ordinary Size.

* Ninth. An extraordinary Quantity either of Rice,

« of

1640.

Slave Trade (Venezuela).

Cap. 67<

887

of the Flour of Brazil, of Manioc or Casava, commonly
called Farinha, of Maize, or of Indian Corn, beyond
what might probably be requisite for the Use of the
Crew; such Rice, Flour, Maize, or Indian Com not
being entered on the Manifest as Part of the Cargo for
Trade.

Any One or more of these several Circumstances, if
proved, shall be considered as Indications primd facie of
the actual Employment of the Vessel in the Slave Trade,
and will serve therefore to condemn and declare her a lawful
Prizes unless it be established by satisfactory Evidence on the
Part of the Master or Owners that the Vessel at the Time of
her Detention was employed in some legal Pursuit: And
whereas by the Eleven di Article it was agreed, that if in any
Merchant Vessel should be found any of the Things specified
in the preceding Article, the Master or Owner, or whatever
other Person interested in her Equipment or Cargo, shall
not have any Right to claim a Compensation for Losses,
Damages, or Expences in consequence of the Detention,
although the Tribunal which passes Judgment may not have
pronounced Sentence of Condemnation, unless it be clearly
proved that the Objects which occasioned the said Detention
were not on board for the Slave Trade ; in which Case the
Captor, and in his Default the Government to which he
belongs, shall be responsible to the Master or Owner of the
Vessel for the Losses and Damages in question : And whereas
by the Twelfth Article it was agreed between the Two Con-
tracting Parties, that in all Cases in which a Vessel shall be
detained under the said Treaty by their respective Cruizers as
having been engaged in the Slave Trader or as having been
fitted out for the Purposes thereof, and shall be adjudged
and condemned accordingly, the Vessel shall immediately
after its Condemnation be broken up entirely, and shall be
sold in separate Parts after having been broken up: And
whereas by the Thirteenth Article it was mutually agreed that
the Instructions next following for the Ships of War, British
and Venezuela:^, which the respective Governments may have
destined for th^ Prevention of the Traffic in Slaves, should
be considered as an integral Portion thereof; (that is to say,)

* Instructions for the Ships of War, British and Venezuehnj
< which the respective Governments may please to
* destine for the Prevention of the Traffic in Slaves.

«

c

* Article First. — The Commander of any Ship of
War belonging to Her Britannic Majesty or to the
Republic of Venezuela, which shall be furnished with these
Instructions, shall have a Right to visit, search, and
detain any British or Venezuelan Merchant Vessel which
shall be engaged or suspected to be engaged in the Slave
Trade, or to be fitted out for the Purpose thereof, or to
have been engaged in the Traffic in Slavfs during the

A a 3 ' ♦ Voyage

9Sd

Cap«6T. Slave Trade {Venezuela). 8 & 4Vict.

Voyage in which she may be met with by such Ship of
the British or Venezuelan Navies, provided that the Visit,
Search^ and Detention be made in accordance with the
Places and within the Limits marked out in Article
Five of the Treaty signed this Day, and which forms a
Part of the present Instructions ; and the said Com-
mander shall thereupon without Delay bring or send
such Merchant Vessel, with her Master, Crew, Cai^
and Slaves found on board, to one of the Ports hereafter
mentioned, in order that Proceedings may be instituted
in regard to them conformably to the Laws of the Nation
under whose Flag the Vessel is sailing ; such Com-
mander shall deliver the same, together with her Papers,
to the proper Authorities or to the Persons that may
have been specially appointed for that Purpose by the
respective Governments.

* Article Second. — Whenever a Ship of War of
either of the Two Contracting Nations, duly authorized
as aforesaid, shall meet a Merchantman liable to be
visited under the Provisions of the said Treaty, the
Search shall be conducted in the mildest Manner, and
with every Attention which ought to be observed
between allied and friendly Nations, and the Visif shall
be made by an Officer holding a Rank not lower than
that of Lieutenant in the Navies of Great Britain and
Venezuela respectively, or by the Officer who at the Time
shall be Second in Command of the Ship by which such
Search is made.

* Article Third. — The Commander of any Ship of
the Two Navies, duly authorized as aforesaid, who may
detain any Merchant Vessel in pursuance of the Tenor
of the present Instructions, shall leave on board the
Vessel so detained the Master, the Mate or Boatswain,
and the Crew thereof, all the Cargo, and the Whole of
the Slaves, if any, except in the Case herein-after specified
in respect to Slaves on board of Venezuelan Vessels.

* The Captor shall at the Time of Detention draw up
in Writing an authentic Declaration, which shall exhibit
the State in which he found the detained Vessel, such
Declaration to be signed by himself, and to be given in
or sent, together with the captured Vessel, to the Autho-
rities before which such Vessel shall be carried or sent
for Trial.

* He shall deliver to the Master of the detained
Vessel a signed Certificate of the Papers seized on board
the same^ as well as of the Number of Slaves found on
board at the Moment of Detention.

Mn the authenticated Declaration which the Captor
is hereby required to make^ as well as in the Certificate
of the Papers seized, he shall insert his own Name, the
Name of die capturing Ship, the Latitude and Longitude

« of

1840.

Slave Trade (Venezuela).

Cap. 67.

369

of the Place where the Detention shall have taken place,
and the Number of Slaves found on board the Vessel at
the Time of the Detention.

* The OflBcer in charge of the Vessel detained shall,
at the Time of delivering up the Vessel to the competent
Authorities, transmit to the said Authorities a Paper,
simed by himself and verified on Oath, stating the
Cnanges which have taken place in respect of the Vessel,
her Crew, the Slaves, if any, and her Cargo, from the
Period of her Detention until the Time of delivering up
such Vessel

* Article Fourth. — ^The Slaves shall not be dis-
embarked till after the Vessel which contains them shall
have arrived at the Place of Trial, except in the Cases
herein-after specified in respect to Slaves on board
Venezuelan Vessels ; and when urgent Motives, deduced
from the Length of the Voyage, the State of Health of
the Slaves, or from other Causes, shall require that
either the Whole or a Portion of the Negroes be dis-
embarked before the Vessel can arrive at the Place of
Trial, in this latter Case the Commander of the capturing
Ship may take upon himself the Responsibility of dis-
embarking the Negroes, provided that such Necessity
and Causes thereof be stated in a Certificate in proper
Form, and that this Certificate shall be drawn up and
entered at the Time on the Log Book of the detained
Vessel.

* Article Fifth. — All such British Vessels as shall
be detained on the Brazilian Station by Venezuelan
Cruizers shall be carried and delivered up to the British
Jurisdiction at the Colony of Demerara.

* All such British Vessels as shall be detained on
the West Indian Station by Venezuelan Cruizers shall be
carried and delivered up to the British Jurisdiction at
Port Moyal in Jamaica.

* All such British Vessels as shall be detained on
the Madaffascar Station by Venezuelan Cruizers shall be
carried and delivered up to the British Jurisdiction at
the Ccq}e of Good Hope.

* All such British Vessels as shall be detained on the
African Station by Venezuelan Cruizers shall be carried
and delivered up to the British Jurisdiction at Bathurst
on the River Gambia.

^ All such Venezuelan Vessels as shall be detained on
the Brazilian and West Indian Stations, as well as on
those of Africa and Madaffascar^ hy British Cruizers, shall
be carried and delivered up to the Venezuelan Jurisdiction
at any of the Ports belonging to the Republic, except in
Cases in which Slaves shall be on board at the Time of
Capture, when the Vessel shall, in the first instance, be
•ent to deposit the Slaves at the Port to which the Vessel

A a 4 * would

370

Cap. 67.

Slave Trade {Venezuela),

3&4Vicr.

Commanders of
Ships of War
to exercise
Right of search-
ing Merchant
Vessels liable
to Suspicion
and suspected of
being engaged
in the SUre
Trade.

In case of
Venezuelan
Officers detain-
ing British
Vessels, Pro-
ceedings to be
conducted in
Name of Her
Migesty.

< would have been taken for Trial if she had been under

< the English Flag ; the Vessel, with the rest of her Cargo
^ and Crew, shall afterwards be sent on and delivered to

< the Venezuelan Jurisdiction at any of the Ports belonging
^ to the Republic as above stipulated :

< And whereas by the Fourteenth and last Articles of the said

< Treaty it was agreed, that the same should be ratified, and

< the Ratifications thereof should be exchanged in CaracoB

< within the Space of Twelve Months, or sooner if possible :

< And ^whereas the said Treaty was ratified by and between

* Her Majesty and the Republic of Venezuela respectively, and
' such Ratifications were exchanged at Ccaraeas on the Twelfth

* Day of December in the Year of our Lord One thousand eight

< hundred and thirty-nine : And whereas it is expedient and

< necessary that effectual Provision should be made for carrying

* into execution the Provisions of the Treaty aforesaid:' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That it shall be lawful for
any Officer commanding any Ship of War of Her Majesty, or
of the Republic of Venezuehj who shall be duly instructed and
authorized and furnished, according to the several Provisions of
the said Treaty, to exercise within the Waters described, and
according to the several Provisions, Exceptions, and Conditions
contained in the said Treaty, and the Instructions thereto
annexed, the Right of visiting and searching any Merchant
Vessel of either of the said Two Nations liable to Suspicicm
and suspected of having engaged in or of having been em-
ployed in the Slave Trade, or of having been fitted out for
the Purposes of such Traffic, and upon sufficient Grounds to
detain and send or carry in, and deliver over without Delay,
any such Vessel, together with its Master, Crew, Slaves, Cargo,
and Papers, to the Authorities appointed for the Purposes of
the said Treaty by the respective Governments of the said Two
Nations, and to one of the Jurisdictions in the said Instructions
mentioned, in order that Proceedings may be instituted there-
upon, conformably to the respective Laws of the said Two
Countries; and all such Commanders of Her said Majesty's
Ships are hereby authorized and required, in the Exercise of
such Rights of visiting, searching, detaining, sending, carrying
in, and delivering as aforesaid, to execute, perform, and comply
with the said several Provisions and Instructions of the said
Treaty as apply thereto respectively.

11. And be it enacted. That where any such Officer of the
Republic of Venezuela shall send, carry, or deliver over as afore-
said any such Merchant Vessel, wholly or in part owned by any
Subject or Subjects of Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, all and every Proceeding
instituted in the Tribunals herein-after mentioned in regard to
such Merchant Vessel, and its Crew, Cargo, and Slaves, and in

respect

1840« Slave Trade {Venezuela). Cap. 67. 371

respect to the Canse, shall be conducted in the Name of Her
said Majesty the Queen of the United Kingdom of Great
Britain and Irdandf by some Person duly tliereunto authorized ;
(that is to say,) all Ships, Cargoes, and Slaves which shall be
detained by the Crui2ers of the Elepublic of Venezueloj and
delivered up to the Jurisdiction of Her Majesty at Batkurst on
the River Gambia^ shall be proceeded against and adjudicated
in the Vice Admiralty Court at Sierra Leone; and that all other
Ships, Cargoes, and Slaves which may be in like Manner de-
tained by the Cruizers of the Republic of Venezuela^ and delivered
up to the Jurisdiction of Her Majesty either at Jamaica^' Cape of
Good Hope, or Demerara, shall be proceeded against and adjudi-
cated in the Vice Admiralty Court established in the said Colonies
respectively ; and the Judges and other Officers of the said Vice
Adiiniralty Courts respectively are hereby authorized to take
cognizance thereof accordingly. '

lU. And be it enacted and declared. That any such Merchant VeweU detain-
Vessel, wholly or in part owned as last aforesaid, visited and ^^e^Treiity to
detained in pursuance of the said Treaty, shall, unless Proof be be held as en-
given to the contrary, be held and taken to have engaged in ff^i?*^*
the Slave Trade, or to have been fitted out for the Purposes of\,„|^ ivoof be
such Traffic, and equipped and employed in the Objects declared giyen to the
unlawful by an Act passed in the Fifth Year of the Reign of «»*«»7-
His Majesty King George the Fourtli, intituled An Act to amend S G* 4. c. lis.
and consolidate the Laxos relating to Ae Abolition of the Slave Trade^
if any of the Particulars specified' in the said Tenth Article of
the said Treaty shall be found in^her Outfit or Equipment on
board of her.

IV. And be it enacted, That in case any such Merchant Queen'a Share
Vessel, wholly or in part owned as aforesaid, shall be seized by b^TO^^tioned.
any Officer of Her Majesty duly authorized, and, with the Goods,

Wares, and Merchandize, be confiscated according to the Laws
of this Country and the Provisions of the said Treaty, the Portion
of the Proceeds arising from the Sale thereof belonging to Her
Majesty the Queen of the United Kingdom of Great Britain and
Irdand shall be paid to such Person or Persons as the Commis-
sioners of Her Majesty's Treasury may direct or appoint to
receive the same ; and it is hereby directed that One Moie^
thereof shall be paid to and for the Use of the Captors thereof;
and that the same, after deducting all necessary Expences, shall
be distributed to and amongst the Officers and Crew of the Ship
in the Manner hereafter directed for the Distribution of Boun-
ties on Slaves taken on board the said Vessel.

V. And be it enacted. That there shall be paid out of the A Bounty of
Consolidated Fund of the United Kingdom of Great Britain ^^f^^^^
and Ireland^ to the Commanders, Officers, and Crews of Her board of Ves-
Majesty's Ships authorized to make Seizures under the aforesaid aels leiaed and
Treaty of the Fifteenth Day of March One thousand eight «»demned.
hundred and' thirty-nine, a Bounty of Five Pounds of lawful

Money of Great Britain for every Man, Woman, and Child
Slave seized and found on board a British or Venezuelan Ship
or Vessel taken and delivered over and condemned in pursuance

of

372

Cap. 67.

Skme Trade (Veneguela).

3&4Vicr.

Bounties not
liable to Pay-
ment of Fees.

Mode of ob-
taining such
Bounty.

Where SUvtf
taken shall not
have been con-
demnedy or
shall not haTe
been delivered
over, the Trea-
sury may allove
One Moiety of
the Bounty.

Parties claim-
ing Benefit
under this Act
nuy resort to
the Court of
Admiralty.

Regulations to
which Prise
Agents are
liable extended
to Bounties,
&c. under this
Act.

of the Provisions of the said Convention and of this Act, such
Bounty to be issued and paid by Order from the said Com-
missioners of Her Majesty's Treasury, and to be distributed to
and amongst the Captors aforesaid in such Manner and Pro-
portions as Her Majesty, Her Heirs and Successors, shall think
fit to order and direct by any Order or Orders in Council, or
by any Proclamation or Proclamations to be made for that
Purpose.

VI. And be it enacted, That the said Bounty, as also all
Bounties payable under any of the Acts for the Abolition or
Suppression of the Slave Trade, shall not hereafter be charged
with Treasury Fees or Exchequer Fees of any Description.

VII. Provided always, and be it enacted, That in order to
entitle the Captors to receive the said Bounty Money, the
Numbers of Men, Women, and Children so tsJken, delivered
over, and condemned shall be proved to the Commissioners
of Her Majesty's Treasury by producing a Copy, duly certified,
of the Sentence or Decree of Condemnation, and dso' a Cer-
tificate under the Hand of the proper Officer or Officers, Military
or Civil, who may be appointed to receive such Slaves.

VIII. And be it enacted. That where any Slaves, or Persons
treated, dealt with, carried, kept, or detained as Slaves, shall
be taken or seized on board any British or Venezuelan Ship or
Vessel, in pursuance of the Provisions of the said Treaty and of
this Act, but who shall not have been condemned, or shall not
have been delivered over, in consequence of Death, Sickness,
or other inevitable Circumstance, it shall and may be lawfiil
for the said Commissioners of Her Majesty's Treasury, if to
their Discretion it shall seem meet, by Warrant signed by any
Three or more of them, to direct the Payment out of the Con-
solidated Fund of the United ICingdom of Greed Britain and
Ireland of One Moiety of the Bounty which would have been
due in each Case respectively if the said Slaves had been de-
livered over and condemned.

IX. Provided also> and be it enacted. That any Party or
Parties claiming any Benefit by way of Bounty under the Pro-
visions of this Act, or of any Share of the Proceeds of any
Venezuelan Vessel confiscated in pursuance of the Provisions
of the aforesaid Conventions, shall and may resort to the High
Court of Admiralty for |the Purpose of obtaining the Judgment
of the said Court in that Behalf, and that it shall and may be
lawful for the Judge of the said High Court of Admiralty to
determine thereon, and also to hear and determine any Question
of joint Capture which may arise upon any Seizure made in
pursuance of this Act, and enforce iLny Decrees or Sentences of
the said Vice Admiralty Courts relating to any such Seizure.

X. And be it enacted. That all the Provisions, Rules, Regu-
lations, Forfeitures, and Penalties respecting the Delivery by
Prize Agents of Accounts for Examination, and the Distribution
of Prize Money, and the accounting for and paying over the
Proceeds of Pnze, and the Per-centage due thereon to Greerk"
wich Hospital, shall be and are hereby extended to all Bounties

and

1840. Slave Trade (Venezuela). Cap.67. 373

and Proceeds to be distributed under the Provisions of this Act
to the OflBcers and Crews of any of Her Majesty's Ships or
Vessels of War.

XL And be it enacted. That where any illegal Visit and Where iUegal
Detention, or any Visit and Detention without sufficient Cause ^*°*|^J^
of Suspicion, or any Abuse or Vexation, shall have taken place the Treasmy*^
and have been msKle by any Officer of Her Majesty the Queen may award
of the United Kingdom of Great Britain and Ireland^ as is men- Compensation,
tioned in the Eighth and Ninth Articles of the said Treaty of
the Fifteenth Day of March One thousand eight hundred and
thirty-nin^, it shall be lawful for the Commissioners of Her
Majesty's Treasury, by Warrant signed by any Three or more
of them, to direct Payment to be made out of the Consolidated
Fund of the United Kingdom of Great Britain and Ireland of
any Costs and Damages which may be duly awarded according
to the Provisions of the said Two last-mentioned Articles : Pro-
vided always, that nothing herein contained shall exempt such
Officer from his Liability to make good the Payments so made,
when lawfully called upon by Order of the said Commissioners
of Her Majesty's Treasury.

XII. And be it enacted. That when any Seizure shall be Where Judg-
made by any of the Commanders, Officers, and Crews of Her ™*°* '^ ^
Majesty's Ships authorized to make Seizures under the aforesaid SrseSMr^or
Convention of the Fifteenth Day of March On^ thousand eight the SeimnB
hundred and thirty-nine, and Judgment shall be given against *^|^^ ^^
the Seizor, or such Seizure shall be relinquished by him, it shall lYeasuiy m^j
be lawful for the said Commissioners of Her Majesty's Treasury, direct Payment
if to their Discretion it shall seem meet, by Warrant signed- by ^ *^® Seiair*s
any Three or more of them, to direct Payment to be made out

of the Consolidated Fund of the United Kingdom of Great
Britain and Ireland of such Costs and Expences as the said
Seizor may have incurred in respect of such Seizure, or any
proportionate Part thereof.

XIII. And be it enacted, That if any Action or Suit shall be in all Actions
commenced, either in Great Britain or elsewhere, against any ""der this Act
Person or Persons, for any thing done in pursuance of the said J^°^f ""^
Conventions, or the Instructions or Regulations thereto annexed, General Issue,
or of this Act, in as far as it relates thereto, the Defendant or
Defendants in such Action or Suit may plead the General Issu^,

and give this Act and the special Matter in Evidence, at any
Trial to be had thereupon, and that the same was done in

{unniance and by the Authority of the said Conventions,
nstructions, or Regulations, or of this Act ; and if it shall appear
so to have been done the Jury shall find for the Defendant or
Defendants ; and if the Plaintiff shall b6 nonsuited, or discontinue
his Action after the Defendant or Defendants shall have appeared,
or if Judgment shall be given upon any Verdict or Demurrer
^[ainst the Plaintiff, the Defendant or Defendants shall recover
Treble Costs, and have the like Remedy for the same as De-
fendants have in other Cases by Law.

874

C!ap.6a

PUoU.

3&4Vicr.

6 0.4. c. 125. \

Her Majesty in
Council may
autboriie Ships
belonging to
Countncs
baring Treaties
oi ncciproeity
witbtbe United

CAP. LXVIII.

An Act to enable Her Majesty in Council to authorize
Ships and Vessels belonging to Countries having
Treaties of Reciprocity with the United Kingdom to
be piloted, in certain Cases, without having a licensed
Pilot on board; and also to regulate the Mode in
which Pilot Boats shall be painted and distinguished.

[7th August 1840.]

TI/'HEREAS by an Act passed in the Sixth Year of the
^^ Reign of His late Majesty King George the Fourth,
intituled An Act for the Amendment of the Ijaw\ respecting Pilots
and Pilotage^ and also for the better Preservation of Floating
Lights^ BiioySi and Beacons, it is amongst other things provided,
that from and after the passing thereof it shall and may be
lawful for His Majesty,* by and with the Advice of His Privy
Council, or by any Order or Orders in Council, to permit
and authorize Ships and Vessels not exceeding the Burthen
of Sixty Tons, and iiot having a British Register, to be
piloted and conducted without having a duly licensed Pilot
on board, upon the same Terms and Conditions as are by that
Act imposed on British Ships and Vessels not exceeding the
like Burthen : And whereas it is by the said Act also provided
and enacted, that nothing in that Act contained shall extend
or be construed to extend to subject to any Penalty the Master
or Mate of any Ship or Vessel, being the Owner or a Part
Owner of such Ship or Vessel, and residing at Dover, Dealy or
the Isk of Thanet, for conducting or piloting such his own
Ship or Vessel from any of the Places aforesaid up or down
the River Thames or Medway, or into or out of any Port or
Place within the Jurisdiction of the Cinque Ports: And
whereas the said last-recited Proviso and Enactment has been
found to prevent the Subjects of Foreign ^Countries having
Treaties of Reciprocity with the United Kingdom from being
placed on an equal Footing with the Subjects of the said
United Kingdom in regard to Pilots and Pilotage in con-
formity with the Spirit of the said Treaties ; and in order to
remedy such Inconvenience it is expedient that the Powers
vested by the said first-recited Proviso in Her Majesty in
Council should be extended in manner herein-after mentioned;'
be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That from and after the
passing of this Act, whenever the Owner or Owners of any Ship
or Ships not having a British Register, but belonging to the
Subjects of Foreign Countries having Treaties of Reciprocity
with the United Kingdom, shall make it appear that he or they
are deprived of the Benefit enjoyed by British Subjects under

the

1840. PUots. Cap.6& 375

the said recited Proviso and Enactment, it shall be lawful for Kingdom to be

Her Majesty in Council from Time to Time to make and issue piloted ^^ <«f-

Orders or Ceruficates under the Hand of the Clerk of the "^^h^^H^'

Privy Council, declaring thereby upon what Terms, and subject licensed Pilot

to what Conditions, and within what Limits, and for how long,

such Ships in such Orders or Certificates mentioned may be

piloted without having a duly licensed Pilot on board; and

from and' after the granting, of any such Order or Cei*tificate,

and so long as the same remains in force, the Master of any

such Ship in such Order or Certificate mentioned shall and may

lawfully, and without being subject to any Penalty in that

Behalf, conduct his said Ship without having a duly licensed

Pilot on board, when and so lon^ as he shsdl be conducting •

her within the Limits in such Order or Certificate mentioned,

and in conformity with the Terms and Conditions thereby

imposed, and without the Aid or Assistance of any other Person

than the ordinary Crew of the said Ship : Provided always, that When foregoing

the said last-mentioned Provision, and the Orders or Certificates ^JJ^"*^ ^

to be made and issued by virtue thereof, shall cease and be void

on the passing of any general Act for the Regulation of Pilots

and Pilotage.

II. ' And whereas by an Act passed* in the Fourth Year of
' the Reign of His late Majesty King William the Fourth,

* intituled An Act for the Prevention of Smuggling^ Provisions are s&4W.4.c.5s.

* made respecting the painting or tarring of Vessels or Boats ** ^^-
' employed on the Coasts of the United Kingdom in piloting,

' which Provisions are inconsistent with certain other Provisions

* contained in the said in part recited Act of the Sixth Year of

* the Reign of His said late Majesty King George the Fourth,

* and Doubts have arisen touching the Eifect of such Provisions

^ respectively;' be it therefore enacted. That so much of the Certain Parts
said in part recited Act passed in the Sixth Year of the Reign ^^f^' ^' ^
of His late Majesty King George the Fourth as requires << that ^ to the Mode
every Pilot Boat or Vessel or other Boat or Vessel in the Pilot of painting
Service of any Corporation or Society established by Law in ^^^d^dL""'**
relation to Pilotage, or of or belonging to any Person autho- '*
rized to act as a Pilot by such Corporation or Society, shall at
all Times and on every Station be fitted with Black Sides, and
have the upper Streak next the Gunwale painted White,'' shall
be and the same is hereby from henceforth repealed; and from Boots to be
and after the passing of this Act every such Boat or Vessel as JfJ***^.**^ *""
aforesaid shall be painted or tarred entirely Black, except the 31^ ^^^p^
Name or other Description now required by Law to be painted the Nam^ &e.
on such Boat or Vessd.

. 376

Cap. 69, 70.

Fisheries.'T'MilUia Pay*

3 & 4 Vict

2&3Vict.c.96. <

Recited Act
further con-
tinued.

CAP. LXIX.

An Act to continue, for Six Months after the Com*
mericement of the next Session of Parliament, an Act
of the last Session of Parliament, for carrying into
effect a Convention between Her Majesty and the
King of the French^ relative to the Fisheries on the
Coasts of the British Islands and of France.

[7th Av^mt 1840.]

Tl/'HEREAS an Act was passed in the last Session of
Parliament, intituled An Act to authorize Her McgeUy^
< uniU Six Months after tiie Commencement of the next Session of
* Parliament^ to carry into effect a Convention between Her Myesty
^ and the King of the French relative to the Fisheries on the Coasts
^ of the British Islands and of France: And wiiereas it is
' expedient that the said Act should be farther continued:
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords SpiritucJ aiul
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, That the said recited Act,
and all the Powers, Provisions, Matters, and Things therein
contained, shall continue in force until the Expiration of Six
Months after the Commencement of the next Session of
Parliament

CAP. LXX.

An Act to defray the Charge of the Pay, Clothing,
and contingent and other Expences of the Disem-
bodied Militia in Great Britain and Ireland ; and
to grant Allowances in certain Cases to Subaltern
Officers, Adjutants^ Paymasters, Quartermasters,
Surgeons, Assistant Surgeons, Surgeons Mates, and
Serjeant Msyors of the Militia, until the First Day^of
July One thousand eight hundred and forty-one.

[7th August 1840.]

Tl/'HEREAS it is necessary that Provision should be made
^^ for defraying the Charge of the Pay, Clothing, and
contingent and other Expences of the R^ular Militia, and
of the Miners of Comtoaff and Devon^ when disembodied, in
Great Britain and Ireland ; and for making in certain Crises
Allowances of Reduced Pay to Subaltern Officers and Sur-
geons Mates and Assistant Surgeons of the Regular MiUtia,
and of tlie Miners of Devon and Cornwall^ while disembodied ;
and Allowances to Adjutants, Paymasters, Surgeons, Quaiter-
masters, and Serjeant Majors of the Regular Militia who have
been or may be reduced, and to Adjutants, Surgeons, and

< Quarter-

1840. MUitiaPay. Cap. 70. 377'

' Quartermasters disabled after long Service :* Be it therefore

enacted by the Queen's most Excellent Majesty, by and with

the Advice and Consent of the Lords Spiritual and Temporal,

and Commons^ in this present Parliament assembled, and by

the Authority of the same, That the Secretary at War for the Secretary at

Time being may and shall and he is hereby authorized, em- ^"j,^^^

powered, and required to cause to be issued luid paid the whole qJlred^foTthe

Sum required for the Regular Militia of Oreat Britain and Pay of the

Ireland (when disembodied), in the Manner and for the several R««ul"Mihtia*

Uses herein-after mentioned ; (that is to say,) for the Pay of the

said Regular Militia at the Rates following; (that is to say,)

For each Adjutant, Eight Shillings per Diem : Rat« of Pay.

For each Serjeant Major, having been Serjeant Major of a

Provisional Battalion of Militia, Two Shillings and Sixpence

per Diem :
For each Serjeant Major, where one is appointed in Corps

consisting of Two or more Companies, One Shilling and

Ten-pence per Diem :
For each Serjeant having been a Colour Serjeant in one of

the Provisional Battalions of Militia, Two Shillings per

Diem:
For each Serjeant, One, Shilling and Sixpence per Diem :
Provided always, that when any Serjeant Major or Serjeant ^*®'^^^
shall be absent on Furlough or Licence he shall during such ^ purbugb.
Absence receive Sixpence/9er Diem less than the above-mentioned
Rates respectively :

And also for the Clothing of the Regular Militia (when disem* Clothing.
bodied), in Cases in which full Clothing shall be providefi by
the Colonel or Commandant, at the Rate of Five Pounds
Twelve Shillings and One Penny for each Serjeant Major, and
Three Pounds for each Seijeant; and so in proportion, in
the Cases in which only Part of the Clothing shall be pro-
vided by the Colonel or Commandant, together with the actual
Expence of Package and Carriage, and such Charges for
altering and fitting the Clothing as shall have been sanctioned
by the Secretary at War : Provided always, that such Serjeant
Majors and Serjeants as were serving on the Disembodied Staff
on the First Day of June One thousand eight hundred and
twenty-nine^ and shall be resident at Head Quarters, shall be
entitled to be clothed once in Two Years ; and that such as
shall have been subsequently appointed to serve or promoted on
the Disembodied Staff' shall be entitled to be clothed once in
Four Years :

And also at the Rate of Sixpence /wr Annum for each Private ContiDgent
Man for defraying the contingent Expences of each Regiment, ^^^'
Battalion, or Corps.

II. And be it enacted, That every Adjutant and Non-com- Adjutant, Ac.
missioned Officer on the Staffs of the Regular Militia, when ^"^^^^
disembodied, shall be constantly resident within the City, Town, q^^t^ ar« kept
or Place where the Depot of the Corps to which they belong
may be ordered to be stationed, or within such reasonable
Distance of the Depot as shall be sanctioned by the Secretary

at

378

Cap. 70.

Militia Pay.

3 & 4 Vict.

Adjutant to
have Charge of
the Arms and
Clothing, and to
issue Money for
contingent £x-
pences on an
Order signed
by the Colonel.

Baki^oeto
form a Stoek
Furfe.

In Absence of
the Adjutant,
the SeijeantB to
be under the
Command of
the Seijeant
Major.

Militia when
called out for
Training or
Exerdse en-
titled to Pay*

AUowances to
Subalterns and
Surgeons Mates
and Assistant
Surgeons.

at War: Provided always, that every such Adjutant and Non-
commissioned Officer shall forfeit his Pay for any Period during
which he shall be absent, except when absent by Leave from
the Colonel or Commandant of the Regiment, Battalion, or
Corps, which Leave shall not, except in case of certified Sick-
ness, extend beyond Three Calendar Months in One Year, nor
to a greater Proportion than One Third of the Non-com-
missioned Officers at the same Time.

IIL And be it enacted, That the Adjutant of each Regi-
ment of Militia shall have the Charge and Care of the Arms,
Accoutrements, Great Coats, Clothing, Necessaries, and other
Stores thereof, under the Superintendence of the Colonel or
Commandant ; and shall, out of the Allowance of Sixpence per
Jnaum for each Private Man directed by this Act to be issued
and paid for defraying the contingent Expences of such Regi-
ment, Battalion, or Corps, from Time to Time issue and pay
such Sums of Money as may be necessary for the Repair of
Arms, and other usual contingent Expences, upon an Order
in Writing signed by the Colonel or other Commandant ; and
after Payment of such Sums as aforesaid he shall Three Times
in the Year make up Accounts of all such Money, and of the
Expenditure thereof, showing the Balance remaining in his
Hands (which said Balance shall form a Stock Purse for the Use
of the Regiment, Battalion, or Corps, ) and shall transmit the
same to the Colonel or other Commandant of such Regiment,
Battalion, or Corps, to be by him examined, allowed,and signed ;
and the said Accounts so allowed and signed shall be and are
hereby directed to be the proper Vouchers and Acquittal of
such Adjutant for the Application and Disposal of such Money.

IV. And be it enacted, That in the occasional and unavoid-
able Absence of the Adjutant from the City, Town, or Place
where the Disembodied Staff is quartered, or during any
Vacancy in the Appointment of Adjutant, the Seijeants shall be
under the Q>mmand of the Serjeant Major, or of some Serjeant
who shall be appointed by the said Adjutant, with the Appro-
bation of the Colonel or other Commanding Officer, to act as
Serjeant Major during the Absence of such Adjutant; and the
said Seijeant Major or acting Serjeant Major shall render the
same Returns and perform such other Acts as are by Law re-
quired from the Adjutant.

V. And be it enacted. That the Officers and Non-commis-
sioned OQcers, Drummers, and Private Men of the R^ular
Militia shall, for the Period or Periods during which they shall
be called out for the Purpose of Exercise or Training, be entitled
to the same Fhy and Allowances as the Officers, Non-commis-
sioned Officers, Drummers, and Private Men of the Militia
when embodied.

VI. ^ And whereas it is expedient to grant Allowances to
* certain Officers of the said MUitia Forces of Great Britain and
< Ireland^ while disembodied, under certain Regulations ;' be it
enacted, That the following Allowances shall be made and
paid, to the Amount^ under the Restrictions^ and in the Man-
ner

1840. Militia Pay. Cap. 70. 379

ner herein-after expressed, to every Subaltern Officer and
Surgeon's Mate in Great Britain^ and to every Subaltern Officer
and Assistant Surgeon in Ireland^ who held a Commission in the
MSitia of Great Britain or Irelandy and was serving therein,
when the Corps was last disembodied, and also to every Super-
numerary Subaltern Qfficer and Assistant Surgeon of any
Regiment of Militia in Ireland which was augmented during
the War, and which has been reduced to its original Estab-
lishment; (that is to say,)

To a Lieutenant, Two Shillings and Sixpence per Diem :
To an Ensign, Two Shillings per Diem : ^

And to a Surgeon's Mate or Assistant Surgeon, Two Shillings
and Sixpence /ler Diem :
Provided always, that for the Purposes of this Act all Officers Rank of certain
of the Militia serving with the Rank of Captain Lieutenants ^®<*''»-
shall be deemed to be Lieutenants, and all Officers serving
with the Rank of Second Lieutenant shall be deemed to be
Ensigns ; and that the Supernumerary Subalterns and Assistant
Surgeons of Regiments of Militia in Ireland as aforesaid shall
be deemed to have belonged to such Regiments when they
were last disembodied, and to have continued to serve therein
from that Time.

VII. Provided also, and be it enacted. That no Person who Certain Persons
is or shall during the Continuance of this Act become possessed °®^ entitled to
of such an Estate or Income as would by Law qualify him to * o'^^*^^
hold the Commission of Captain of a Company in the said
Militia, or who is or shall be appointed Adjutant in any
Reffiment, Battalion, or Corps of Militia, nor any Officer on
Full Pay of the Navy, Army, or Marines shall have or be in
any way entitled to the said Allowances, or any Part or Share
thereof; any thing herein contained to the contrary thereof in
anywise notwithstanding.

VIIL And be it enacted, That the Subaltern Officers, A Declaration
Surgeons Mates, and Assistant Surgeons of the Militia, who ***^^^^
shall claim under the Authority of this Act to receive any Part ^". t^ such*^^"'
of the said Allowances, shall, previous to receiving the same, Allowances.
and in order to entitle themselves thereto, take and subscribe
a Declaration before some one of Her Majesty's Justices of the
Peace of the United Kingdom, or before some one of Her
Majesty's Ministers, Secretaries of Embassy, of Legation, or
Consuls abroad, in the Words or to the Effect following;
{videlicet,)
' J if • J3. do solemnly and sincerely declare. That I belonged to Form or

* the of Militia when the same was disembodied. Declaration.

* and that I have continued to serve therein from that Time

* until the Day of inclusive,
' as a [Lieutenant, Ensign, Surgeon's Mate, or Assistant Sur-
' geon, as the Case may be'] ; md that I was not in my own

* Right, or in the Right of my Wife, during any Part of the

* Period for which I now claim to receive my Allowance, that is

* to say, from the Day of to

* the Day of both inclusive, in

[No. 25. Price 2d.] B b 'the

880

Cap. 70.

Militia Pay,

8 & 4;Vicr.

Allowances to
Officers re-
duced in 1829.

A Declaration
to be taken by
Officers claim-
ing the said
Allowances.

Form of
Declaration.

< the actual Possession and Enjoyment or Receipt of the Rents

< and Profits of Lands, Tenements, or Hereditaments of such an
^ annual Value above Reprises as would qualiiy me to hold a
' Commission of Captain of a Company in the Militia ; that I

* was not in Holy Orders ; that I have not during the above

< Period held the Appointment of Adjutant, Surgeon, Pay-

< master, or Quartermaster, in any Regiment, Battalion, or

< Corps of Militia ; that I did not hold or enjoy, nor did any

* Person for me hold or enjoy, during the said Period, any

< Place, Office, or Employment of Profit, Civil or Military,
' under the Crown or any other Government, besides the

< Allowance of a Day now claimed, except my

* Half Pay as a [of the Army or Navy or

< Marines, i^r of a Provisional Battalion formed from the Militia,
' as the Case may he\^ and any Pay and Allowances from the

< to the both Days inclusive, during

< which Period the Corps was assembled for Training and

* Exercise.'

Which Declaration, so taken and subscribed, shall be produced
to the Paymaster General of Her Majesty's Forces by the
Subaltern Officer, Surgeon's Mate, or Assistant Surgeon claim*
ing the Allowance.

IX. And be it enacted. That the Allowances granted to
certain Paymasters, Surgeons, and Quartermasters of the Militia
of Great Britain and Ireland^ on their being reduced in puiv
suance of an Act passed in the Tenth Year of the Reign of
His Majesty King George the Fourth, shall be issued and
paid under the Restrictions and in the Manner herein-after
expressed during the Continuance of this Act, and that it
shall be lawful for the Secretary at War to place any such
Paymaster, Surgeon, or Quartermaster, when unfit for further
Duty, upon a retired Allowance equal to and in lieu of his
reduced Allowance.

X. And be it enacted. That every Paymaster, Surgeon, and
Quartermaster of Militia, who shall claim under the Authority
of this Act to receive any Part of the said Allowances, shall,
previous to receiving the same, and in order to entitle him-
self thereto, take and subscribe a Declaration before some one
of Her Majesty's Justices of the Peace in the United King-
dom, or before some one of Her Majesty's Ministers, Secretaries
of Embassy or of Legation, or Consuls abroad, in die Words or
to the Effect following ; (that is to say,)

< J^A.B. do solemnly and sincerely declare. That I was serving
* as [Paymaster,* Surgeon, or Quartermaster, as the Case may

< Je,] in the of Militia at the Reduction of the

* Allowance, (that is to say,) from the Day of

* One thousand eight hundred and

* to the Day of One thousand eight
< hundred and ; and that I did not hold or enjoy,

< nor

184(K Militia Pay. Cap. 70. 881

' nor did any Person for me hold or enjoy, during any Part of

* die said Period, any Place, 0£Sce, or Employment of Profit,

* Civil or Military, under the Crown, or any other Govern-

* ment, besides the Allowance of a Day now

* claimed, except my Half Pay as a [of the Army

* or Navy or Marines, or of a Provisional Battalion formed from

* the Militia, as the Case may ie], and except my Pay and AUow-

< ances from the to the both Days inclusive^

< daring which Period the Militia was assembled for

* Training and Exercise.'

Which Declaration, so taken and subscribed, shall be produced
to the Paymaster General of Her Majesty's Forces by the
Paymaster, Surgeon, or Quartermaster claiming the Allowance :
Provided always, that any Paymaster, Surgeon, or Quarter^
master receiving such Allowance^ and being on Naval or
Militaiy Half Pay, or entided to any Allowance as having
served in any of Her Majesty's Regular Forces, or Navy, or
Marines, shidl, notwithstanding such Militia Allowance, be
entitled to receive such Half Pay or Allowance.

XI. ' And^whereas certain Non-commissioned Officers and OuuPension to

* Drummers 'of the Militia of the United Kingdom of Great ^^^

* Britain and IreUmd have, on the Reduction of the Establish- officers and

' ment of the Disembodied Staff, been placed en the Out- Dnimmen not

* Pension, although not unfit for further Service ;' be it enacted, ^^ received
That no Non-commissioned Officer or Drummer so placed on ^ ^■^^""g'
Pension shall be entided to receive the said Pension for any

Period during which he shall be receiving Pay in the Militia.

Xn. And be it enacted. That every Paymaster, Surgeon, Subalteras,
or Quartermaster on the reduced Allowance, and every Subal- ^*^'^*^" ^
tern Officer, Surgeon's Mate, and Assistant Surgeon of the Exercise, &c.
Militia, who shall be entitled or claim to be entitled to any
Allowances as aforesaid, shall regularly attend the Exercise and
Training of the Regiment, Battalion, or Corps to which he
belongs during the whole of the Time it shall be assembled
for that Purpose, and shall during the said Time punctually
do and perform his Duty as a Paymaster, Surgeon, Quarter-
master, Subaltern Officer, Surgeon's Mate, or Assistant Sur-
geon of such Regiment, Battalion, or Corps, on pain of for-
feiting the said Allowance, as well as all Arrears of the said
Allowance and of Pay ; and a Certificate of his having so
attended and performed his Duty, signed by the Commanding
Officer of the Regiment, Battalion, or Corps to which he may
belong, shall be transmitted to the Paymaster General by
the Officer claiming the Allowance : Provided always, that in Commanding
case any such Paymaster, Surgeon, Quartermaster, Subaltern ^!^\^^^ ^f
Officer, Surgeon's Mate, or Assistant Surgeon, claiming to be Absence.
entitled to such Allowance, shall by his Commanding Officer
be permitted or suffered, for any special Cause or unavoidable
Necessity, to be absent during the Whole or any Part of such
Exercise^ for which Purpose it shall be lawful for such Com-
manding Officer to grant such Leave of Absence, then and
in such Case it shall be lawful for such Paymaster, Surgeon,

B b 2 Quarter-

382

Cap. 70,

Militia Pay.

3 & 4 Vict.

If the Regi-
ment be not
called out be-
fore the Time
fixed for the
Payment the
Allowance shall
be paid, on
making, the
Declaration,
without Certi*
ficate, &c

Allowances
to be paid

quarterly.

On Neglect of
Attendanoei
fiiubaltems, &c.
shall forfeit
their Claim to
the Allowance.

Quartermaster, Subaltern Officer, Surgeon's Mate, or Assistant
Surgeon, who may be so permitted to be absent, and have such
Leave in Writing, to demand and receive the said Allowances
and every Part thereof in like Manner as if he had attended
during the Whole of the said Exercise : Provided always, that
the Reason for such Absence, as well as the Duration thereof,
shall be carefully and truly specified in a Certificate (in lieu of
that before mentioned), to be signed by the Commanding Officer,
and to be furnished as soon as conveniently may be to the Pay-
master General.

XIII. Provided always, and be it enacted, That in case any
Regiment, Battalion, or Corps of Militia shsdl not, before the
Time fixed for the Payment of the said Allowances, be called
out for the Exercise and Training thereof, every Paymaster,
Surgeon, Quartermaster, Subaltern Officer, Surgeon's Mate,
and Assistant Surgeon belonging to any such Regiment, Bat-
talion, or Corps, and coming within the aforesaid Benefits of
this Act, who shall have made and subscribed the Declaration
herein-before mentioned before any Justice of the Peace or
other Person as aforesaid, shall be entitled to the said Allowance
as if he had regularly attended the Exercise and Training of

'such Regiment. Battalion, or Corps during the whole of the
Time by Law appointed for that Purpose, and as if a Cer*
tificate of such Attendance, signed by the Commanding Officer
of the Regiment, Battalion, or Corps, had been furnished.

XIV. And be it enacted, That upon silch Declarations and
Certificates as aforesaid, or where any Regiment of Militia shall
not have been called out to their Exercise as aforesaid, upon
the said Declarations being produced to the Paymaster G^ieral,
it shall be lawful for the Paymaster General, and he is hereby
authorized and required, to pay to the said Paymasters, Sur-
geons, Quartermasters, Subaltern Officers, Surgeons Mates, and
Assistant Surgeons their respective Allowances above mentioned
for the usual quarterly or other proper Periods, without any
Deduction whatsoever, the Declarations and Certificates before
mentioned to be by him preserved and produced as Vouchers
for the Payments.

XV. And be it enacted, That the Paymasters, Surgeons,
Quartermasters, Subaltern Officers, Surgeons Mates, and Assis-
tant Surgeons of Militia, entitled or claiming to be entitled
to the aforesaid reduced or disembodied Allowances, shall at all
Times be liable to serve in the respective Regiments, Battalions,
or Corps to which they belong whenever the same shall be
embodied and called out upon active Service ; and in case of
Neglect or Refusal to attend when called upon, on such Occasion
or on such other Occasions as may be required in pursuance of
the Laws in force respecting the Militia when disembedied, each
and every such Paymaster, Surgeon, Quartermaster, Sub-
altern Officer, Surgeon's Mate, and Assistant Surgeon shall,
on such Neglect or Refusal being certified to the Secretary
at War, and, in respect of the Militia of Great Britain, to
the Lord Lieutenant of the County, by the Colonel or

other

1840. MiMaPay. Cap. 70. 383

other Commandant of the Regiment^ Battalion^ or Corps
to which such Paymaster, Surgeon, Quartermaster, Subaltern,
Surgeon's Mate, or Assistant Surgeon shall l^elong, forfeit
his Claim to the said Allowance and every Part thereof, and
shall also be considered as having resigned and vacated his
Commission to all Intents and Purposes whatsoever.

XVI. And be it enacted, That nothing in this Act contained Allowance not
shall extend or be construed to extend to entitle any Pay- !? ^'?.l^ ^^*^^

« r>k. c\ t t r>/Y» rt • Uic Militia IS

roaster, Surgeon, Quartermaster, Subaltern Officer, Surgeon s embodied.
Mate, or Assistant Surgeon as aforesaid to the said Allowance,
or any Part thereof, during the Time the Militia to which he
belongs shall be embodied or assembled for Training and
Exercise.

XYII. Provided alwajrs, and be it enacted, That any Person Persons cm Half
being on Naval or Military Half Pay, or being entitled to any P*y. or entiUed
Allowance as having served in any of Her Majesty's Regular Mhavi^"wUd
Forces or Navy or Marines, and serving in the Militia, shall in the Army
and may and he is hereby empowered to receive and take the ^^ ^^^ *"*"
Pay and Allowances by this Act directed to be paid to the ^e Pay, $m.
Field Officers, Captains, Lieutenants, Ensigns, Adjutants, during Train.
Quartermasters, Surgeons, Surgeons Mates, and Assistant Sur- ^%-
geons, when assembled for annual Training ; and the receiving
and taking any such Pay and Allowances by any such Field
0$cer, Captain, Lieutenant, Ensign, Adjutant, Quartermaster,
Surgeon, Surgeon's Mate, or Assistant Surgeon shall not pre-
vent such Person on Half Pay, or being entitled to any such
Allowance, from- receiving his Half Pay or such Allowance:
Provided always, that such Person shall, in the Declaration to
be taken for the Receipt of the Half Pay or such Allowance,
declare that he has received or is entitled to such Militia Pay
and Allowances, and shall specify the Militia Rank which
entitles him to the same.

XVIII. Provided always, and be it enacted. That no Adju- Adjutants, &c.,
tant, Quartermaster, Non^-commissioned Officer, Drummer, or ^^^^offiows
Private Man in the Regular Militia entitled to receive any or Privates, not
Chehea or Kilmainham Pension or Allowance on account of to lose their
Service in the Regular Army shall forfeit or lose his Right to ^[^l^ !^.;^}^^'

. V ° r I.- ^ • J • • T> • *u "* rensions,

the same by reason of his serving and receiving ray m the &c
Regular MUitia ; nor shall any Quartermaster, Subaltern,
Surgeon's Mate, or Assistant Surgeon forfeit or lose his
Right to receive any such Chelsea or Kilmainham Pension or
Allowance by reason of his receiving the Allowance by this
Act granted to him when disembodied.

XIX. And be it enacted. That there shall be granted for Allowance to
each Regiment of Regular Militia, when disembodied, a Sum ^J^^® ^°'
of Money after the Rate of One Guinea for every One hundred

Men of each such Regiment, for the Expence of necessary
Medicines for the sick Non-commissioned Officers, Drummers,
Fifers, and Private Men of such Regiment, during the Period
or Periods of Assembly for Exercise or Training; and also
an AUowance of Two-pence per Week for each of the Non-
commissioned Officers of each Regiment on ^e Disen^bodied

Bb3 Staff

884

Cap. 70.

Militia Pay,

3&4.Vie9l.

Adjutants ap-
pointed before
24th Dec. 1814
entitled to re*
ceive after a
Service of SO
Years, if unfit
for further Ser-
vice, an Allow-
ance of 8«. per
Day;

prarided they
do not hold
certain other
Appointments.

Adjutants ap-
pointed since
24th Dec. 1814
entitled to re*
ceive, after
Thirty Years
Service, &c. an
Allowance of
69. per Day.

StaiF at Head Quarters for the Expence of nedemury M^iciiles
and Attendance ffiven to the said Non-commissioned Officeov
while such Regiment is not called out for TVaining and
Exercise.

XX. And be it enifcted, That every Adjutant of Regular
Militia appointed as such before the Twenty-fourth Day of
December One thousand eight hundred and fourteen, who
shall have served faithfully, either in Her Majesty's Regular
Forces or in the Regular or Local Militia, for the fiill Term
of Twenty Years in the whole, whereof Ten shall have been
in Service as an Adjutant of Regular Militia, and who shall
be by Age or Infirmity rendered unfit for further Service,
shall, on producing to the Secretary at War a Certificate of
such Service of Tweni^ Years as aforesaid from the Command-
ing Officers of the diii&rent Corps to which he shall have be*
longed, and upon obtaining an Order from the Secretary at
War founded upon such Certificate, be entitled to receive, and
the Paymaster General shall and he is hereby authorized to

Eay to such Person, an Allowance at the Rate of Eight Shil-
ngs per Diem: Provided always, that no Person shall be
entitled to receive such Allowance as aforesaid who shall hold
any Military Office or Employment of Profit under Her Ma-
jesty or any other Government ; and that no Person who before
the First Day of Jime One thousand eight hundred and twenty*
nine held any Civil Place or Employment of Profit under the
Crown, or in the Colonies or Possessions of Her Majesty beyond
the Seas, or under any other Government, shall receive any
Part of the said Allowance for any Time during which he held
such Civil Place or Employment, except in the Cases in which
the Emoluments of such Civil Place or Employment shall not
exceed Three Times the Amount of the said Allowance, and
unless in such excepted Cases the Royal Consent to the holding
of such Civil Place or Employment shall have been signified
through the Secretary at War ; and that no Person appointed on
or after the First Day of June One thousand eight hundred and
twenty-nine to any Civil Place or fjnployment of Profit under
Her Majesty, or in the Colonies or Possessions of Her Majesty
beyond the Seas, or under any other Government, shall receive
any Part of the said Allowance for any Time during which he
shall hold such Civil Place or Employment : Provided always,
that any Adjutant appointed afler the Twenty-fourth Day of
December One thousand eight hundred and fourteen, who shall
have served faithfully, either in Her Majesty's Regular Forces
or in the Regular or Local Militia, for the full Term of Thirty
Years in the whole, whereof Fifteen shall have been in Service
as an Adjutant of Regular Militia, and who shall be by Age or
Infirmity rendered unfit for further Service, shall, upon pro-
ducing to the Secretary at War a Certificate of such Service of
Thirty Years as aforesaid from the Commanding Officers of
the different Corps to which he shall have belonged, and upon
an Order from the Secretary at War founded upon such Cer-
tificate, be entitled to receive an Allowance at the Rate of Six

Shillings

1840. Militia Pay, Cap. 70. 885

Shillings a Day, in like Manner and subject to the same Re-
strictions and Conditions as the aforesaid Allowance of Eight
Shillings : Provided also, that no such Adjutant shall lose any Right to Half
Right he may have to Half Pay or Out-Pension by reason of ^*y rwerved,
receiving such Allowance of Eight Shillings or Six Shillings a
Day as aforesaid, but shall be entitled to receive such Half Pay
or Oat-Pension as well as such Allowance : Provided aVays, Certain Terms
that in Cases of very long and meritorious Services it shall be "^«°<*«* ^
lawful for the Secretary at War to extend to any Adjutants Caswoflong
appointed between the Twenty-fourth Day of December One and meritorious
thousand eight hundred and fourt^n and the Ninth Day of Sendees.
Jufy One thousand eight hundred and twenty-three the Terms,
either in whole or in part, herein-before prescribed for the
Retirement of Adjutants appointed before the Twenty-fourth
Day of December One thousand eight hundred and fourteen.

XXI. * And whereas certain Allowances have been granted AUowauees to

* in pursuance of former Acts to Adjutants, Surgeons, and AdjuUnt^ Sur-

* Quartermasters of Regular Militia who have by Age or In- ^^^s,
< firmity been rendered unfit for further Service ;' be it enacted, tezs.
That such Allowances shall be issued and paid, during the
Continuance of this Act, in like Manner and subject to the

same Restrictions as the Allowances granted by this Act to
Adjutants who shall by Age or Infirmity be rendered unfit for
further Service : Provided always, that no Person receiving Right to Half
such Allowance shall by reason thereof forfeit his Right to any Fay reserved.
Half Pay to which he may be entitled.

XXII. And be it enacted, That in case any Regiment, Reduced Adju-
Battalion, or Corps of Militia shall have already ceased and tantstoiweive
determined or been reduced in its Establishment, or shall cease ^^^nei84i.
and determine or be reduced in its Establishment during the
Continuance of this Act, the Sum of Four Shillings per Diem

shall be paid to such Person as was or shall be actually serving
as Adjutant to such Regiment, Battalion, or Corps at the Time
of Reduction, from the Thirtieth Day of June One thousand
eight hundred and forty, or from the Time such Regiment shall
cease and determine or be reduced in its Establishment, (as the
Caae may be^) to the Thirtieth Day of Jime One thousand eight
hundred and forty-one, in like Manner and subject to the same
Restrictions and Conditions as the Allowances granted by this
Act to Adjutants who shall by Age or Infirmity be rendered
unfit for further Service : Provided always, that no such reduced Rig^t to Half
Adjutant shall lose any Right he may have to Half Pay of the ^^^ reserred.
Navy, Army, Marines, or Provisional Battalion formed from the
Militia, by reason of receiving such Allowance as last aforesaid,
but shall be entitled to receive such Half Pay as well as such
Allowance.
XXIIL < And whereas certain Adjutants and Serjeant Adjutants and

* Majors are entitled to and have received certain Allowances ^^J^ M^ors

* in consequence of having been reduced under the Provisions Allowance

* of an Act passed in the Thirty-ninth and Fortieth Years of under 39 &

* the Reign of His Majesty King George the Third, which ^oG. s. c.44.
^ AUowanees have been continued, and as to such Adjutants

B b 4 ^ augmented

386

Cap.70«

MUitia Pay.

3 & 4 Vict.

Reduced Ad»
jutants may
take such Al-
lowance with
any Pay or
other Allow-
ance under
39 & 40 G. S.
c. 44. and
26 G. 3. c. 107.

Fro^-iso.

Restrictions as
to Allowances
to reduced Ad*
jutants of the
Ix>cal Militia.

Allowances to
Clerks of Ge-
neral and Sub-
division Meet-^
ings in Eng-
land.

42 G. 3. c. 90.

' augmented to Four Shillings per Diem;* be it therefore
enacted, That all such Adjutants and Serjeant Majors shall be
entitled to receive and shall receive such AUowance from the
Thirtieth Day of JtiTi^One thousand eight hundred and forty to
the Thirtieth Day of June One thousand eight hundred and
forty-one.

XXIV. And be it enacted. That every reduced Adjutant
entitled to any Allowance granted under the said Act of the
Thirty-ninth and Fortieth Years aforesaid, and continued by
any subsequent Acts or by this Act, may receive and take such
Allowance together with any Full Pay, Half Pay, or Allowance
which was tenable^ together with such reduced Allowance,
under the Provisions of an Act passed in the Twenty-sixth Year
of the Reign of His Majesty King George the Third, intituled
An Act for amending and reducing into One Act of*Parliament the
Laws relating to the Militia in that Part of GreeX Britain caUed
England, or under the Provisions of the aforesaid Acts of the
Thirty-ninth and Fortieth Years of the Reign of His Majesty
King George the Third : Provided always, that no such reduced
Adjutant shall be entitled to receive any Allowance under this
Act during the Time he shall hold any Military Office of Profit
under Her Majesty other than such as aforesaid, or under any
other Government, or any Civil Office or Employment under
Her Majesty or any other Government, otherwise than accord-
ing to the Provisions of this Act in relation to the Allowances
granted to Adjutants on account of Age or Infirmity.

XXV. ' And whereas certain Allowances have been granted
S to reduced Adjutants of the Liocal Militia;' be it enacted.
That the said Allowances shall be issued and paid during the
Continuance of this Act in like Manner and subject to the
same Restrictions as the Allowances of the Paymasters, Sur-
geons, and Quartermasters of the Regular Militia who were
reduced in the Year One thousand ei^t hundred and twenty-
nine : Provided always, that in the Cases in which any such
Local Militia Adjutants had been permitted to receive the said
Allowances whilst holding any Civil Offices under the Crown,
to which Offices they had been appointed previously to the
Twenty-eighth Day of July One thousand eight hundred and
twenty-eight, it shall be lawful to continue the Payment of the
said Allowances under the same Regulations and Restrictions
as those under which the Permission was originally granted.

XXVI. And be it enacted. That in every County in England
and Walesj when the Regular Militia is or shall be raised.
Allowances shall be made to the Clerks of General Meetings
and to the Clerks of Subdivision Meetings of Lieutenancy, for
their Trouble and Expences in the due Execution of an Act
passed in the Forty-second Year of the Reign of His Majesty
King George the Third, intituled An Act for amending tlie Law
relating to the Militia in England, and for caigmmXxng the Militia,
and of any other Acts relating to the said Militia; and also to
the Clerks of General Meetings and the Clerks of Subdivision
Meetings of Lieutenancy for their Trouble and Expences in

the

1840; Militia Pay. Cap. 70. 887

the due Execution of an Act passed in the Thirtynseventh
Year of the Reign of His Majesty King George the Third,
intituled An Act Jbr ^ better raising and ordering the Militia 37 g. 3. c. 25.
Forces for the Tower Hamlets in the County of Middlesex, and
any oUier Acts relating to the said Militia; and also to the
Clerks of General Meetings and the Clerks of Subdivision
Meetings of the Lord Warden and Deputy Wardens of the
Stannaries of Cornwall and Devon for their Trouble and Ex-
pences in the due Execution of an Act passed in the Forty-
second Year of the Reign of His Majesty King George the
Third, intituled An Act for repealing an Act made in the Thirty* 42 G. 3. c 72.
eighth Year of the Reign of His present Mcgesty King George the
Thirdj intituled < An Act fir raising a Body of Miners in the
' Counties 0^ Cornwall and Devon fir the Drfence of the Kingdom
^ during the present War, and fir the more effectually raising and
^ regulating a Body of Miners for the Defence ofGrest Britain/
and of any other Acts relating to the saia Militia ; and in every Allowances to
Coun^, Stewartry, City, or Place in SeoUand where the Regular ■"^*'J^^^®|^
Militia is or shall be raised Allowances shall also be maae to Scotland,
the Clerks of General Meetings and Clerks of the several Sub-
division Meetings, and to Schoolmasters, Constables, and other
Officers, for their Trouble and Expences in the due Execution
of an Act passed in the Forty-second Year of the Reign of His
Majesty King George the Third, intituled An Act to raise and 42 G. 3. c. 19.
establish a Militia in Scotland, and of any other Acts relating
to the said Militia.

XXVII. And be it enacted. That the said Allowances shall Manner of
be granted as follows ; {videlicet^) the Account shall be certified «'>»**°« ^'
by the Lieutenant of the County, Stewartry, City, or Place, or ^^^""^^
by Two or more Deputy Lieutenants acting for such County,
Stewartry, City, or Place, or by the Lord Warden of the Stan
naries of Cornwall and Devon, or by Two or more Deputy
Wardens of the Stannaries of Cornwall and Devon ; and the clerks, &c. to
Clerks of General and Subdivision Meetings in Great Britain, 1?^^^^ j™*'
and the Schoolmasters, Constables, and other Officers in Scotland, ^*^ of their"*^'
shall make a Declaration as to the Justness of the Accounts, in Accounts.
the following Terms respectively, before some Justice of the
Peace; (videlicet,)

Dedaration of a Ckrh of General or Subdivision Meetings.

* J do solemnly declare. That the preceding
' Account, so far as regards my Interest therein, is a jiist and

* true Account of Business performed by me for and in behalf

* of the Public Service, according to the Manner therein set
' forth ; and the Sums claimed as disbursed were actually paid

* by me.'

Declaration of a Schoolmaster, Constable, or other Officer in

Scotland.
T do solemnly declare. That I am

the Parochial Schoolmaster [or Constable or other Officer'}
of the District of in the

Subdivision of the County of ; and that the

preceding Account is a just and true Account of Business

< actually

888

Cftp.70»

Militia Pay.

3 & 4 Vict.

Deputy Lieu-
tenants may
require the
Attendance of
any Surgeon
residing near
the Place uf
Meeting for
Appeals.

Declaration to
be made by
Surgeon.

Allowance to
Surgeon.

Pay, &c. to be
isRued under
Directions of
the Secretary
at War.

Bills drawn for
Pay, &c. may
beon unstamped
Paper.

actually pefrformed by myself for and in behalf of the Public
Service, according to the Manner therein set forth ; and that
I was employed on such Business the AiU Time therein stated;
and that the Sums claimed as disbursed were actually paid by
me.'

And the said Accounts shall be transmitted to the Secretary
at War, who is hereby empowered to issue the Allowances
according to the Rate specified in the Table to this Act
annexed, or such Sums as he shall think reasonable and proper.
' XXVIIL < And whereas it is expedient that the Deputy

< Lieutenants acting in any Subdivision of any County,
^ Stewartry, City, or Place in Great BritaiUi and die Special
^ Deputy Wardens acting in any Subdivision in the Stannaries
' of the Counties of Cornwall and Devon^ should be assisted by
* the Advice of a Surgeon in deciding upon the Appeals of

< Persons claiming to be exempt from Service in the Militia by
^ reason of bodily Infirmity, and upon the Fitness for Service

< of the Persons presenting themselves for Enrolment;' be it
therefore enacted, That it shall be lawful for any Two Deputy
Lieutenants, and they are hereby empowered and required, to
summon, by Two Days previous Notice in Writing, any com-

Stent Surgeon residing at or nearest to the Place where any
eeting for Appeals or Enrolment shall be held, to attend at
such Meeting ; and every such Surgeon shall, before he begins
any such Examination, make the following Declaration, whjch
Declaration any Deputy Lieutenant is hereby authorized to
administer; {videlicet^)
J do solemnly declare, That I will, to the

best of my Abilitv, &ithfully and truly report as to the
Fitness for Service of the Man or Men about to be submitted
to my Examination, and that I will not receive from any of
them any Fee or Reward whatever for any such Examination.'
And every such Surgeon shall receive for each Day's Atten-
dance at such Meeting a Sum not less than Half a Guinea nor
exceeding Two Guineas, according to the Extent of the Duty
performed ; Provided always, that the Accounts and Vouchers
upon which the said Allowances shall be recommended bv the
Deputy Lieutenants of the respective Subdivisions shall be
transmitted to the Secretary at War, with the Accounts of the
Lieutenancy Clerks, for Examination and Payment

XXIX. And be it enacted, That all Sums of Money granted
for the Pay, Clothing, contingent, and other Expences, and for
the Allowances to die Officers and Men of the Regular and
Local Militia, when disembodied, shall be issued and paid under
the Direction of the Secretary at War, by the Acceptance of
Bills or otherwise, according to such Regulations as have been
or shall be established on that Head.

XXX. And be it enacted. That all Bills, Drafts, and Orders
drawn for Pay or Allowances under this Act may be or shall
be drawn upon unstamped Paper ; and no such Bill, Draft, or
Order shall be void by reason of bdbaig drawn or written on
unstamped Paper.

XXXI. Pro-

raAV ' - MmUaPay. Cap. 70.

XXXL Provided always, and be it enacted, That no Fee or No Fee to be
Gratuity whatBdever shall be given or paid for or upon account **^®"*
of any Warrant or Sum of Money which shall be issued in re-
lation to or in pursuance of this Act

XXXII. And be it enacted. That the Hire of any House or Expenoe of
i^lace to be provided for the keeping of the Arms, Accoutre- ^^^^ for de-
ments. Clothing, or other Stores, and for the Residence and ^l stores oT
Accommodation of the Adjutant belonging to any Regiment or the Militia in
Battalion of Militia in Ireland^ when not embodied, shall be jT^'fr' ^'b°
defrayed by the County ; and the necessary Sum for that Pur- the Co^ty. ^
pose, and for all other Sums of Money and Expences payable

and to be defrayed by the County in respect of the Militia of*

the County, and all Arrears of any such Hire due for the Hire

or Rent of any House heretofore provided, and which Rent

shall not have been presented and paid before the passing of

this Act, or which shall hereafter become due for any such

House, and all Arrears of any such other Sums or Expences

aforesaid which shall have become due before the Certificate

thereof shall be transmitted as hereafter mentioned, shall be

raised by the Presentment of the Grand Jury of the said County,

and which Presentment the Grand Jury of the County is hereby

authorized and required to pass on a Certificate signed by the

Chief Secretary of the Lord Lieutenant or other Chief Governor

or Governors of Ireland for the Time being, or, in the Absence

of such Chief Secretary, by the Under Secretary, or by the

First Clerk in the Military Department, and specifying the

Rent agreed to be paid for the same ; which Certificate shall

be transmitted by such Chief or Under Secretary or First Clerk

to the Clerk of the Crown for such County, or at any Time

prior to the First Day of the Assizes for such County, or if in

the County or County of the City of Dublin^ then prior to the

First Day of the Presenting Term ; provided that in no Case Proviso as to

any greater Rent than Fi% Pounds Currency of the United r^°|^' ^

Kingdom of Great Britain and Ireland shall be presented by

such Grand Jury for the annual Rent of such House or Place.

XXXIII. And be it enacted, That all Provisions, Directions, Provisions of
Clauses, Matters, and Things in this Act contained, relating to ^^0^^*^^'
Counties, and to R^ments of Militia respectively, shall extend Counties shall
and be construed to extend to all Ridings, Shires, Stewartries, extend to
Cities, and Places, and to all Battalions, Corps, and independent ^riefft^^'^'
Companies respectively, and to the Corps of Miners of Cornwall

and Devon^ as fully and effectually as if they were respectively
repeated in every such Provision, Direction, Clause, and with
relation to every such Matter or Thing.

XXXIV. And be it enacted. That this Act shall take effect ContinuB«oc
and continue in force from the Tliirtieth Day of June One ®^ ^^'
thousand eight hundred and forty until the First Day of Jtily

One thousand eight hundred and forty-one.

TABLE

390

Cap. 70.

MiKHa Pay.

8&4ViGT.

TABLE to which this Act refers.

Scale of Rates of Remuneration to the Gerks of Greneral
and Subdivision Meetings of Lieutenancy in Great Britainj
inchiding the Clerks of the Tower Hamlets and the Stan-
naries of Cornwall and Devon, and to Schoolmasters, Con-
stables, and other Officers in Scotland, for carrying into
execution Two Acts of Parliament passed in the Forty-second
Year of the Reign of King Greorge the Third, Cap. 90. and
91., and other Acts relating to the Militia.

ALLOWANCES to the CLERKS of GENERAL

MEETINGS.

L For Trouble in calling a General Meeting ^y
Circular Letters or Advertisements (no
separate Charge being made for writing
the Letters or framing the Advertise-
ments) - - - - -

2. For attending General Meetings at which the

Statutory Quorum of Lieutenancy shall be

present, each - - - -

For each Meeting which shall be necessarily

adjourned by the Clerk in consequence of

the Absence of the Lord Lieutenant or

Deputy Lieutenants - . -

Which Allowances are to be in full

for engrossing Minutes, &c.

3. For filling up printed Precepts to the High

or Chief Constable of each Subdivision,
Hundred, Lathe, Rape, or Wapentake in
England and Wales, including the Tower
Hamlets and the Stannaries of Cornwall
and Devon, to return Lists, each -
For filling up printed Precepts to the School-
masters, Chief Constables, or other Officers
in Scotland to return Lists, each

4. For writing the annual Advertisements for

regulating, arranging, and fixing the First
Subdivision Meeting of the Deputy Lieu-
tenants for receiving the Parochial Lists
and hearing Appeals

5. For arranging Subdivision Lists and making

Abstracts thereof. Schedule (D.), for the
Privy Council, the Secretary of State^ and
the Secretary at War (the latter Copy to
be annexed to the Clerk's Accounts as a
Voucher); videlicet,

In Counties furnishing a Quota of 200

£ s. d.

0 7 6

5 5 0

1 11 6

0 0 6

0 0 6

0 7 6

1840.

MSUia Pay,

Cap. 70.

891

Men or under in the original Number

of the Militia ...

In Counties furnishing from 201 to 400

Men - - - -

Ditto - 401 to 600 Men -
Ditto - 60] to 800 Men -
Ditto - 801 Men and upwards -

6. For striking the Proportion of Men to serve

for the several Hundreds, Rapes, Lathes,
Wapentakes, or other Divisions of a County
in England and Wales, and for each re-
spective Parish or other Division of a
County or Stewartry in Scotland, under
the several Acts of Parliament relating to
the Regular Militia, when necessary to be
done : .

In Counties furnishing a Quota of 200
Men or under - - -

Ditto - from 201 to 400 Men
Ditto - from 401 to 600 Men
Ditto - from 601 to 800 Men
Ditto » from 80 1 Men and upwards

7. For Trouble in engrossing in a Book the

Names of the Men contained in each Sub-
division Return of Enrolment, Schedule

(E.):

For engrossing 50 Names and under -

Ditto - 51 to 150 Names

Ditto - 151 to 250 Names

Ditto - 251 Names and upwards

8. For drawing out fair Copy of the Lord Lieu-

tenant's annual Return of the Militia for the
County, containing the Nuniber, Names,
and Rank of the Officers, and the Number
of the Non-commissioned Officers, Drum*
mers, and Private Men :

In Counties furnishing One Regiment,
Battalion, or Corps • • -

Ditto - Two - Ditto -
Ditto - Three - Ditto -
No separate Charge beinff made for
Attendance upon the Lord Lieu-
tenant or Deputy lieutenants for
his or their Signatures thereto.
Note. — This Allowance is of course
only chargeable by the General
Clerks for those Counties in Scot-
land which furnish the greatest
Proportion of Men towards the
Formation of the Regiment,

Battalion^ or Corps.

^

s.

d.

2

2

0

3

3

0

4

4

0

5

5

0

6

6

0

1

1

0

2

2

0

3

S

0

4

4

0

5

5

0

0 5

0 10

1 0
1 10

0 15

1 10

2 0

0
0
0
0

0
0
0

3»2

Cap. 70.

Militia Pay.

3 & 4^1011

9. For Stationery :

To the Clerk of General Meetings in a
County where the Number in the ori-
ginal Quota of the Militia is under 300
Men - - - - -

Ditto - from 301 to 600 Men •
Ditto - from 601 to 900 Men -
Ditto - from 90 1 Men and upwards
10. For Copyings, Correspondence, et cetera, et
cetera :

To the Clerk of the General Meetings
in a County where the Number in the
original Quota of the Militia is 1200
Men or under - - - -

•

In a County furnishing from 201 to 400

Men - - - -

Ditto - from 401 to 600 Men
Ditto - from 601 to 800 Men
Ditto - from 801 Men and upwards
IL The actual Amount expended for printing
and publishing the Advertisements, for
Postages, Expresses, and Messengers, to
be allowed upon an Account, specifying
each Article of Postage, et cetera, certified
specially by the Lieutenancy, whose Certi«
ficate shall state that the same were neces-
sary and actually perform/ed.

The Charge for printing and publishing
Advertisements is invariably to be
supported by the Receipt of the Per-
son to whom paid.

Training and Exercise.

12. For filling up printed Notices to the Clerks

of Subdivision Meetings of the Time and
Place fixed by the Lord Lieutenant or De-
puty Lieutenants for assembling the Militia
to be trained and exercised, each Notice -

13. For making out correct Abstracts from the

Adjutant's or other Commanding Officer's
Returns, Schedule (F.), in the Form Sche-
dule (G.), for Her Majesty's Secretary of
« State for the Home Department in Counties
in England and Scotland furnishing a Quota
towards the Formation of an entire Regi-
ment or Battalion . - -
In Counties in England, Wales, and
Scotland furnishing One Regiment,
Battalion^ or Corps
Ditto - Two - Ditto
Ditto - Three • Ditto

£ 8. d.

2

0

0

3

0

0

4

0

0

5

0

0

2 0 0

3

0 0

4

0 0

5

0 0

6

0 0

0 0 6

1 0 0

2 0 0

3 0 0

4 0 0

1840.

Militia Pay*

Cap. 70,

W8

ALLOWANCES to CLERKS of SUBDIVISION MEETINGS.

14. For Trouble in calling a Subdivision Meeting

by Advertisement, no separate Charge
being made for writing Letters or framing
Advertisement - - . -

Or for calling a Meeting by Circular Letters
to the Deputy Lieutenants, the Adjutant,
or other Commanding Officer, (no Charge
being made for the Draft,) for each Letter

15. For attending Subdivision Meetings, for each

of the Three first or principal Meetings at
which the Statutory Quorum of Lieute-
nancy shall be present; videlicet^

For receiving Lasts and hearing Appeals,
For ballotting.
For enroUing,

And for the Meeting held to apportion
the Deficiencies among the Parishes,
et cetera, when necessary to be done ;
and also for calling out the Quota or
Apportionment of the Subdivision to
be trained and exercised, which Al-
lowance shall be in full for engrossing
Minutes and making up Lists
And for each Meeting held by Adjournment
to complete the Business of any or either
of the Three first or principal Meetings
above enumerated, which Allowance shall
be in full for engrossing Minutes and
making up Lists ...

And for each Meeting which shall have been
summoned, but which is necessarily post-
poned by the Subdivisipn Clerk in conse-
quence of the Absence of the Deputy
Lieutenant - . - -

16. For filling up printed Precepts to the Chief

or High Constables in England and Wales,
including the Tower Hamlets and Stan-
naries of Cornwall and Devon, to give
Notice of the Number of Men apportioned
to serve for each Parish, and to issue out
their Orders to the Petty Constables to serve
Notices upon ballotted Men, each Precept
And for filling up printed Precepts to the
Schoolmasters, Chief Constables, or other
Officers in Scotland for the Performance
of similar Duty, each Precept

17. For Trouble in amending the Hetums of

Persons liable to serve in the Regular
Militia, by taking out the Names of all
Persons who may appeal, and whose Appoalfl

£ 8. d.

0 5 0

0 1 0

2 2 0

1 5 0

0 15 0

0 0 6

0 0 6

•/

394

Cap. 70.

Militia Pay.

3&4yicr.

or Claims of Exemption have been allowed,
and inserting the Names of any Persons
that have been omitted to be inserted, and
in numbering the Returns, and making
out the Tickets for the ballotting, after
the Rate of Two Pounds for every One
thousand Names of Persons returned liable
to serve, and so in proportion for a greater
or smaller Number of Men

18. For making out the annual Abstracts of Lists,

Schedule (C), for the Use of the Clerk
of General Meetings, where the original
Quota or Appointment of the Subdivision
is - 50 Men and under -

From 51 to 150 Men -
From 151 to 250 Men
From 251 Men and upwards

19. For making out fiur and true Copies of Lists

of Men enrolled for each Subdivision of a
County in Great Britain, including the
Tower Hamlets and the Stannaries of
Cornwall and Devon, for the Use of the
Clerk of General Meetings, Schedule (£).,
and the Colonel or Commandant of the
Regiment of the County; videlicet,
For a Roll containing 50 Names and
under • - . -

from 51 to 150 Names -
from 151 to 250 Names
from 251 Names and upwards
20 • For Stationery to the Clerk of a Subdivision
furnishing Men towards the Quota of a
County in the following Proportions;
videlicet.

For a Subdivision furnishing 50 Men
and under - •

from 51 to 150 Men
from 151 to 250 Men
from 251 Men and upwards

21. For Correspondence, Copyings, et cetera, to

the Clerk of a Subdivision furnishing Men
towards the Quota of a County in the
following Proportions ; videlicet,

For a Subdivision furnishing 50 Men
and under « -

from 51 to 150 Men
from 151 to 250 Men
from 251 Men and upwards

22. The actual Amount expended for printing

and publishing Advertisements, for Post-
age, Expresses, and Messengers, to be

^

8.

^^perl,000

2
3
4
5

2
3
4
5

0
0

5

10

0 15

1 0

1
2
2
3

10
0

10
0

0
0
0
0

0
0
0
0

0
0
0
0

2

0

0

3

0

0

4

0

0

5

0

0

1840.

Militia Pay.

Cap. 70,

895

allowed upon an Account specifying each
/ Article of Postage, and specially certified
by the Lieutenancy, whose Certificate shall
state that the same was necessary and
actually performed.

The Charge for printing and publishing
Advertisements is invariably to be
supported by the Receipt of the Per-
son to whom paid.
23. For Trouble in apportioning and distributing
to the Constables of the several Town-
ships, Parishes, et cetera, within the Limits
of the Subdivision, the various Forms of
Schedules, et cetera:

For a Subdivision furnishing 50 Men
and under . . . •

from 51 to 150 Men
from 151 to 250 Men
from 251 and upwards

TOAINIKG AND ExERaSE.

24 For filling up printed Precepts to the High
or Chief Constable in each Subdivision of
any County in England and Wales, in-
cluding the Tower Hamlets and the Stan-
naries of Cornwall and Devon, to issue out
their Warrants to the Petty Constables,
Tithingmen, or other Officers within their
respective Hundreds to give Notice in
Writing to the Men enrolled to attend the
Training and Exercise of the Militia :
For each Precept containing 50 Names
and under ...

from^ 51 to 150 Names

from 151 to 250 Names

from 251 Names and upwards
And for filling up printed Precepts to the
Chief Constables, and to the Schoolmasters,
Constables, or other Officers of the Parishes
within the Subdivisions of any County,
Stewartry, City, or Place in Scotland, to
give Notice in Writing to the Men enrolled
to attend the Trainmg and Exercise of
the Militia:

For each Precept containing 10 Names
and under . . . .

from 11 to 30 Names

fix>m 31 to 50 Names

from 51 to 70 Names

from 71 to 100 Names

from 100 upwards

[No, 26. Price 2i] Cc

£ 8. d.

0 5
0 10

0 15

1 0

0
0
0
0
0

0

1

2
4
7

0 10

0
0
0
0

0

5

0

0

10

0

0

15

0

1

0

0

6
0
6
0
0
0

896

Cap, 70.

MiUtia Pay.

3&4Vicr.

25. For making out full and true Lists of the
Names and Dates of Enrolment of all Per-
sons enrolled within each Subdivision re-
spectively, for the Use of the Ck>mmanding
Officer and Adjutant of each Regimen t|
Battalion, or Corps of any County, Stew-
artry, City, or Place in Great Britain,
previously to the Training and Exercise :
For a Roll containing 20 Names and
^ under . - - - -

from 21 to 50 Names
from 51 to 150 Names -
from 15.1 to 250 Names
from 251 and upwards '
26* For correcting the Books of Enrolment of the
Subdivision so as to correspond accurately
with the Extracts from the Adjutant's or
other Commanding Officers Return, Sche-
dule (F.), of the State of the Classes of
the Men forming the Quota or Appoint-
ment serving in the Regiment, Battalion,
or Corps of Militia of any County, Stew^
artry, City, or Place in Great Britain :
For a Subdivision furnishing 50 Men
and under - - - -

&om 51 to 150 Men
from 151 to 250 Men
from 251 and upwards

ALLOWANCES to SCHOOLMASTERS in

SCOTLAND.

27. For filling up and delivering Notices to

Householders, for each Day consistuig of
Eight Hours • • . -

28. For making out Lists, for each Folio consist-

ing of Sixty Lines - « .

29. For attending Meetings of Lieutenancy^ each

Meeting - - -

30. For filling up and delivering Notices to bal-

lotted Men, per Day ....

31. For Stationery, per Annum - •

ALLOWANCES to CONSTABLES ik SCOT-

LAND.

32. For filling up and delivering Notices to

Householders, for each Day consisting of
Eight Hours ....

33. For making out Lists, for each Folio con-

sisting of Sixty Lines ...

£ s. d.

0 2
0 5
0 10

0 15

1 0

0 5
0 10

0 15

1 0

0 5

0 1

0 10

0 5
0 5

6

0
0
0
0

0
0
0
0

0

0

0

0
0

0 4 0
0 1 0

1840. Militia P^. Cap.70,7L d97

34. For attending each Meeting of Lieutenancy, £ %. d.

per Day - - -- -040

35. For filling up and delivering Notices to bal-

lotted and enrolled Men, per Day - 0 4 0

36. For Stationery, where the Lists are made

out by the Constables, per Annum - 0 6 0

SPECIAL CONTINGENT ALLOWANCES applicable to
the Clerks of General and Subdivision Meetings of Lieu-
tenancy respectively.

87. When it is necessaiy to call the Person from a Distance to
perform the Duty of a General or Subdivision Clerk
such Person shall have an Allowance for his travelling
Expences not exceeding Nine-pence per Mile, and the
Expences of Tolls and Ferry Money; but the Particulars
of such Expences shall be specified in a Statement^
and certified by the Lieutenancy, and transmitted in
support of the Charge in the Clerics annual Account.

38. The Expence necessarily incurred for the Use of the
Room at the Place of Meeting to be allowed upon the
Production of the Receipt of the Person to whom the
same may be paid

CAP. LXXL

An Act to suspend until the End of the next Session
of Parliament the making of Lists and the Ballots
and Enrolments for the Militia of the United King*
dom. [7th August 1840.3

* \1/^ HE RE AS it is expedient to suspend for a further
( ▼ ▼ Period the making of Lists and the Ballots and Enrol-
^ ments for the Militia of the United Kingdom:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal
and Commons, in this present Parliament assembled, and by
the Authority of the same. That all General and Subdivision General and
Meetings relating to the Militia of the United Kingdom, and Subdivision
all Proceedings relating to the procuring any Returns or ^^^g*]^*
preparing or making out Lists of such Militia, or any Part tia suspended. '
thereof, or relating to the balloting for or enrolling any Militia
Men or Substitutes, or supplying any Vacancies in such Militia,
shall cease and remain suspended until the End of the next Ses-
sion of Parliament, any thing in any Act or Acts to the contrary
notwithstanding.

n. Providea always, and be it enacted. That it shall be Proceedbgs
lawful for Her Majesty by any Order in Council to direct that "*? ^ *»*^
any Proceedings shall be had at any Time before the Expira- slS^ISiSin by
lion of such Period as aforesaid, either for the giving of Notices Order in Coun-

C c 2 and «^«

S9&

Cap. 7 1,72.

Militia Ballot Suspension.

3 & 4 Vict.

Act to extend
to Wardens of
Stannaries and
to Corps of
Miners.

and making Returns and preparing Lists, and also for the pro-
ceeding to ballot and enrol Men for the filling up Vacancies
in the Militia of the United Kingdom or any Part thereof, as
Her Majesty shall deem expedient; and upon the issuing of any
such Order all such Proceedings shall be had for carrying into
execution all the Provisions of the Acts in force in England^
Scotland^ and Ireland respectively relating to the giving Notices
for and Returns of Lists, and for the ballotting and enrolling
of Men to supply any Vacancies in the Militia, and holding
General and Subdivision Meetings for such Purpose, at such
Time respectively as shall be expressed in any such Order in
Council, or by any Directions given in pursuance thereof to
the Lord Lieutenants or Deputy Lieutenants acting for Lord
Lieutenants of the several Counties, Shires, Ridings, Cities,
and Places in Great Britain, or to the Governors and Deputy
Governor^ of Counties and Places in Ireland, or to the Warden
and Special Deputy Wardens of the Stannaries ; and all the
Provisions of the several Acts in force in England, Scotland,
and Ireland respectively relating to the Militia and Corps of
Miners of Cornwall and Devon iSiall, upon any such Order, and
Direction given in pursuance thereof become and be in full
Force and be carried into execution at the Period specified in
such Order or Direction as aforesaid, with all such Penalties and
Forfeitures for any Neglect thereof, as fully as if such Periods
had been fixed in the Acts relating to such Militia and Miners.
IIL And be it enacted, That this Act, and all the Clauses,
Provisions, Directions, and Authorities therein contained, shall
be construed to extend to the Warden and Special Deputy
Wardens of the Stannaries and Corps of Miners of ComwaU
and Devon as fully as if they were respectively and severally
repeated in every such Clause, Provision, Direction, and
Authority.

4 6. 4. c. 76.

6&7W.4.C.85.

CAP. LXXII*

An Act to provide for the Solemnization of Marriages
in the Districts in or near which the Parties reside.

[7th August 1840.]

Tl/'HEREAS by an Act passed in the Fourth Year of
the Reign of King George ihe Fourth, intituled An Act
for amending Oie Laws respecting the Solemnization of Marriage
in England, it is provided, that in all Cases where Banns
shall have been published, the Marriage shall be solemnized
in One of the Parish Churches or Chapels where such Banns
shall have been published, and in no other Place whatsoever :
And whereas by an Act passed in the Seventh Year of the
Reign of His late Majesty, intituled An Act for Marriages in
England, Provision is made for Marriages intended to be
solemnized* in £n^2a72^ after Notice given, according to the
Forms authorized by the last-recited Act, which Act has

' been

1840. Marriage Act Amendment Cap. 72. S99

«

* been explained and amended by an Act passed in the First

^ Year of the Reign of Her present Majesty : And whereas it 7 w. 4. &

* is expedient to restrain Marriages under the said Act of His ^ ^*^ ®' ^*
' late Majesty from being solemnized out of the District in

' which One of the Parties dwells, unless either of the Parties
^ dwells in a District within which there is not any registered
' Building, wherein, under the Prdvisions of the said Act of

* His late Majesty, as explained and amended by the said Act
^ of Her present Majesty, Marriage is solemnized according to
< the Form, Rite^ or Ceremony the Parties see fit to adopt:'
Be it therefore declared and enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, That Certificate of
it is not and shall not be lawful for any Superintendent Regis- Notice not to
trar to give any Certificate of Notice of Marriage where the MMriageoirt
Building in which the Marriage is to be solemnized, as stated of the District
in the Notice, shall not be within the District wherein One of T***]? ^ ^"'
the Parties shall have dwelt for the Time required by the said J^^ Jherdn-
Act of His late Majesty, except as herein-after is enacted. after enacted.

II. And be it enacted, That it shall be lawful for any Party in what Case
intending Marriage under the Provisions of the said Act of His JJ^^^IJJ^
late Majesty, in addition to the Notice required to be given by outoftheDis-
that Act, to declare at the Time of giving such Notice, by trict in which
Indorsement thereon, the Religious Appellation of the Body ^^m*^^
of Christians to which the Party protesseth to belong, and

the Form, Rite, or Ceremony which the Parties desire to adopt
in solenmizing their Marriage, and that, to the best of his or
her Knowledge and Belief, there is not within the District in
which One of the Parties dwells any registered Building in
which Marriage is solemnized according to such Form, Rite,
or Ceremony, and the District nearest to the Residence of
that Party in which a Building is registered wherein Marriage
is so solemnized, and the registered Building within such Dis-
trict in which it is intended to solemnize their' Marriage; and
after the Expiration of Seven Days or Twenty-one Days, as
the Case may require, under the said Act of His late Majesty,
it shall be lawful for the Superintendent Registrar to whom
any such Notice shall have been given to issue his Certificate,
according to the Provisions of that Act ; and after the issuing of
such Certificate the Parties shall be at liberty to solemnize their
Marriage in the registered Building stated in such Notice :
Provided always, that after any Marriage shall have been solem-
nized it shall not be necessary in support of such Marriage to
give any Proof of the Truth of the Facts herein authorized to be
stated in the Notice, nor shall any Evidence be given to prove
the contrary in any Suit touching the Validity of such Mar-
riage.

III. And be it enacted. That the additional Notice herein- Formof Notice.
before authorized to be given may be according to the Form in

the Schedule to this Act annexed, or to a like Efiect.

C c 3 .IV. And

400 Cap. 72. Marriage Ad Amendment. 8&4Vict.

Persons miJdng IV. And be it enacted, That every Person wha shall know^
false l^^^i*^ indy and wilfully make any false Declaration under the Pro-
Feijivy!^ ^ visions of this Act, for the Purpose of procuring any Marriage

out of the District in which the Parties or One of them dwellf

shall suffer the Penalties of Perjury: Provided always* that no

such Prosecution shall take place after the Expiration of Eighteen

Calendar Months from the Solemnization of such Marriage.

Frcyvision as V. Provided always, and be it enacted, That, notwithstanding

M^b^j^t^ any thing herein or in the said recited Acts or either of them

Society of° Contained, the Society of Friends commonly called Quakers,

Friends, and and also Pcrsons professing the Jewish Religion, may lawfully

Jews. continue to contract and solemnize Marri^e according to the

Usages of the said Society and of the said Persons respectively,
after Notice for that Purpose duly given, and Certificate or
Certificates duly issued, pursuant to the Provision of the said
recited Act of His late Majesty, notwithstanding the Building
or Place wherein such Marriage may be contracted or solem-
nized be not situate within the District or either of the Districts
(as the Case may be) in which the Parties shall respectively
dwell*
Aetmayba VI. And be it enacted. That this Act may be amended

iMMndedthia ^^ repealed by any Act to be passed in this present Session of

Parliament.

The SCHEDULE to which this Act refers.

I, the undersigned and within-named Jarnea Smithy do here-
by declare, That I, being [here insert a Member of the Church of
England^ a Baman CatholiCf Independent^ Bcptist, Presbyterian,
Unitarian^ or such other Description of the Beligion of the Partyi
and the within-named Martha Green^ in solemnizing our in-
tended Marriage^ desire to adopt the Form, Rite, or Ceremony
of the [Roman Catholic Churckj Independents, Baptists, Prea^
h/terians. Unitarians, or other Description of the Form, Rite, or
Ceremonjf tfte Parties state it to be their Desire to adopt}; and
that to the best of my Knowledge and Belief there is not
within the Superintendent Registrar's District in which [/
dtoett], or [in which (he said Martha Green dwells']^ any regis-
tered Building in which Marriage is solemnized according to
such Form, Kite, or Ceremony ; and that the nearest District
to [my Dwelling Place'i or to [Ae Dwelling Place of the said
Martha Green"], in which a Building is registered wherein
Marriage may be solemnized according to sucn Form, Rite^ or
Ceremony, is the [here insert the Name by which the Superinten-
dent Registrar's District is designated] ; and that we intend to
solemnize our Marriage in the registered Building within that
District known by the Name of [here insert the Name by
which the Building has been registered^] Witness my Hand this
TenJth D^j of August One thousand eight hundred and forty,

(Signed) James Smith.

[[The Italics in this Schedule to be filled as the Case may be].

1S40.

liiendly Societies.

Cap. 7a

401

CAP. LXXIII.

An Act to explain and amend the Acts relating to
Friendly Societies. [7th August ISiO.]

VX/^HEREAS an Act was passed in the Tenth Year of
*^ the Reign of His late Majesty King George the Fourth,
intituled An Act to caneoUdate and amend the Laws relating
to Friendly Societies: And whereas by the said Act it was
enacted, "that no Power, Warrant, or Letter of Attorney
granted or to be granted by any Persons as Trustees of any
Society established under this Act for the Transfer of any
Share in the Public Funds standing in the Name of such
Trustee, nor any Receipts given for any Dividend in any
Pnblic Stock or Fund or Interest of Exchequer Bills, nor
any Receipt, nor any Entry in any Book of Receipt, for any
Money deposited in the Funds of any such Society, nor for
any Money received by any Member, his or her fbcecutors or
Acuninistrators, Assigns or Attomies, from the Funds of such
Society, nor any Bond or other Security to be given to or on
account of any such Society, or by the Treasurer or Trustee
or any Officer thereof, nor any Draft or Order, nor any Form
of Assurance^ nor any Appointment of any Agent, nor any
Certificate or other Instrument for the Revocation of any such
Appointment, nor any other Instrument or Document what-
ever, required or authorized to be given, issued, signed,
made^ or produced in pursuance of this Act, shall be sub-
ject or liable to or charged with any Stamp Duty or Duties
whatsoever:" And whereas it is expedient that the said Act
should be explained and amended :' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Ad-
vice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same. That nothing in the said recited Act
contained shall be construed to extend to grant any Exemp-
tion from Stamp Duty to any Friendly Society enrolled or to
be enrolled under the Provisions of the said Act, or of any other
Act relating to Friendly* Societies, when the Sum to be assured
to any Individual, or to any Person nominated by or to claim
nnder him or her, shall exceed the Sum of Two hundred
Pounds.

II. And be it enacted. That no Friendly Society enrolled or
to be enrolled under the Provisions of the said recited Act or
of any Act relating to Friendly Societies, by the Rules of
which the Sum assured to any Individual, or to any Person
nominated by or to claim under him or her, may exceed the
Sum of Two hundred Pounds, shall from and after the passing
of this Act be entitled or authorized to invest the Funds of such
Society, or any Part thereof, (except so much as may be here-
after received on account of Assurances made previous to the

C c 4 passing

10 G. 4. c. se.

1.37.

Recited Act
not to exempt
from Stamp
Duty certain
Friendly Socie-
ties when the
Sum assured
exceeds 200£i

No Society
assuring for
more than dOOfi
entitled to in*
vest in Savings
^oaks or with
National Debt
Commissioners.

402

Cap. 73.

Friendly SocteticB*

S & 4.Vicr.

Certain Friend-
ly Societies
empowered to
appoint Nomi-
nees to receive
Sums assured.

4&5W.4.C.40.

On future In-
yestments by
Societies a De-
claration to be
made in Form
directed by
Commissioners.

9 G. 4. c. 92.
s. S4.

Act may be
amended this
Session.

Extent of Act*

passing of this Act,) in any Savings Banks, or with the Com-
missioners for the Reduction of the National Debt

III. Provided always, and be it enacted, That every Friendly
Society enrolled under the Provisions of the said recited Act, or
of such Act as amended by an Act passed in the Session held
in the Fourth and Fifth Years of the Reign of His late
Majesty King William the Fourth, intituled An Act to amedd
an Act of the Tenth Year of His late Majesty King George
the Fourth^ to consolidate and amend the Laws relating to Friendly
Societiesj and which by means of this Act shall be deprived of
the Benefit of Exemption from Stamps, and of the Benefit of
investing their Funds (except as aforesaid) in any Savings
Bank, or with the Commissioners for the Reduction of the
National Debt, shall be entitled to add to its Rules any Rule
or Rules by which any Member of such Society shall be em-

S>wered to nominate any Person or Persons, his, her, or their
xecutors. Administrators, or Assigns, to receive any Sum
already assured or to be hereafter assured by such Member,
or any Part thereof; and every such Nomination shall be valid,
although the Nominee or Nominees shall be a Trustee or
Trustees for any other Person or Persons,^ or for any Trust or
Trusts, or Purpose or Purposes whatsoever, any thing in the
said recited Acts or any other Act relating to Friendly Societies
to the contrary notwithstanding.

IV. And be it enacted, That from and after the passing of
this Act a Declaration shall be made by the Treasurer or
Trustees of every Friendly Society, on the Investment of any
Sum of Money in any Savings Bank, or to the Account of the
Commissioners for the Reduction of the National Debt, that
the Sum to be invested does not arise from the Subscriptions
or Payments by Individuals on account of any Assurance made
subsequent to the passing of this Act, by which Assurance the
Sum assured to any Individual or Person nominated by or to
claim under him or her exceeds the Sum of Two hundred
Pounds, which Declaration shall be made in such Form as the
said Commissioners shall from Time to Time direct ; and in
case such Declaration shall not be true, then and in every such
Case the Sum of Money paid on such Declaration shall be
forfeited to the said Commissioners, to be applied by them in
the Manner directed in an Act passed in the Ninth Year of
the Reign of His late Majesty King George the Fourth, inti-
tuled An Act to consolidate and amend the Laios rdating to Savings
Banks*

y. And be it enacted. That this Act may be amended or
repealed by any Act to be passed during this present Session of
Parliament. ^^-HJlJ

VI. And be it enacted. That this Act sh^ extend to the
United Kingdom of Great Britain and Ireland^

1840. OtfsUr FUheries^ ScaOand. Cap. 74. 403

CAP. LXXIV.

An Act for the better Protection of the Oyster Fisheries
in Scotland. \Jfih August 1840.]

c TllirHEREAS it is expedient that the Benefit of certain
< ^^ Enactments contained in an Act of Parliament passed
^ in the Session of Parliament held in the Seventh and Eighth
^ Years of the Reign of His late Majesty King George the

* Fourth, for the Protection of Oyster Fisheries in England^

* should be extended to ScoUand :' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-
rity of the same. That if any Person in that Part of the United Penalty for
Kingdom called Scotland shall wilfully and knowingly take and »te^»ng Oysters
carry away any Oysters or Oyster Brood from any Oyster bkx^l'^'
Bed, Laying, or Fishery, being the Property of any other

Person or Persons, Body Corporate or Politic, and sufficiently
marked out or known as such, every such Offender shall be
deemed guilty of Theft, and being guilty thereof shall be liable
to be sentenced to Imprisonment not exceeding the Term of
One Year.

tL And be it enacted. That if any Person shall unlawfully Penalty for
and wilfully use any Dredge, or any Net, Instrument, or using Dredges,
Engine whatsoever, within the Limits of any such Oyster n^Jg^o^ter
Fishery in Scotland, for the Purpose of taking Oysters or Oyster Fisheries.
Brood, although none shall be actually taken, or shall with any
Net, Instrument, or Engine drag upon the Ground or Soil
of any such Fishery, every such Person shall be deemed guilty
of an Attempt to commit Theft, and being convicted thereof
shall be liable to be punished by Fine or Imprisonment, or
both, as the Court shall award ; such Fine not to exceed Twenty
Pounds, and such Imprisonment not to exceed Three Calendar
Months.

III. Provided always, and be it enacted. That nothing in Not to extend
this Act contained shall prevent any Person from catching or ^ Pe««>s fish-
fishing for any floating Fish within the Limits of any Oyster '^f^^' *"**'"«
Fishery, with any Net, Instrument, or Engine adapted for

taking floating Fish only.

IV. Provided always, and be it enacted, That nothing in Actnottoaflect
this Act contained sjiall prevent or be construed to prevent any existing Rights.
Person or Persons from exercising any Right which may now

be lawfully exercised within the Limits of any such Fishery.

404

.76.

Baa/dt of IrdcauL

3&4Vicn

f/^f-^y

SI & 28 O. 9.
(I.)

36 G. 3. (I.)

37 G. 3. (I.)

48 G. 3. c. 103.

1&SG.4.C.7S.

3 G. 4. c. 3

CAP. LXXV.

An Act to regulate the Repayment of certain Sums
advanced by the Governor and Company of the Bank
of Ireland for the Public Service.

[7th August 1840.]

TyHEREAS the Governor and Company of the Bank of
*^ Ireland^ at different Times, advanced, for the Public
Service, to His Majesty King George the Third, Three several
Sums of Six hundred thousand Pounds, Five hundred thou-
sand Pounds, and One million two hundred and fifty thousand
Pounds, late Irish Currency; and to His Majesty King
George the Fourth a Sum of Five hundred thousand Pounds
like Currency : And whereas by virtue of an Act passed in
the Parliament of Ireland in the Twenty-first and Twenty-
second Years of the Reign of His Majesty King George the
Third, intituled An Act for establishing a Bank by the Name
of the Governor and Company of the Bank of Irelwd ; and of
another Act passed in the said Parliament of Ireland in the
Thirty-first Year of the said Reign, for extending the Pro-
visions of the said first-recited Act ; and of another Act passed
in the said Parliament of Ireland in the Thirty-sixth Year of
the said Reign, intituled An Act for securing the Payment ofAe
AnnuitieSf and of the Interest ypon the Principal Sums therein
provided^ for and towards the Discharge of such Principal SumSf
in such Manner as therein is directed, and for enabling the
Officers of His Mcgesti/s Treasury to receive certain Sums for
a limited Time in manner therein mentioned^ and for granting
unto His Mcfjesty a certain Sum of Money out of the Consolidated
Fundi ondfor applying a certain Stan of Money therein mentioned
for the Service of the Year One thousand seven hundred and
ninety'-'six, and for other Purposes; and of another Act passed
in the said Parliament o{ Ireland in the Thirty-seventh Year of
the said Reign, for further extending the Provisions of the said
first-recited Act ; and of another Act passed in the Parliament
of the United Kingdom in the Forty-eighth Year of the said
Reign, intituled An Act for further extending the Provisions of
several Acts for establishing the Bank o^ Ireland, and for em^
powering the Governor and Company of the said Bank to advance
the Sum of One million two hundr&i and fifty tlumsand Pounds,
Irish Cwrrencyj towards the Service of the Year One thousand
eight hwulred and eight; and of another Act passed in the
First and Second Years of the Reign of His Majesty King
George the Fourth, intituled An Act to establish an Agreement
with the Governor and Company of the Bank o^ Ireland for ad-
vancing the Sum of Five hundred thousand Pounds, Irish Cur-
rency; and to empower the said Governor and Company to
enlarge the Capital Stock or Fund of the said Bank to Three
MHUons ; and of another Act passed in the Third Year of
the said last-mentioned Reign, intituled An Act to reduce Ae

< Bate

1840. Bank of Ireland. Cap. 75. 406

^ JZote qf Jbiiert$t payabh m Ae Sum vf One miUwn two hundred
and ^hf tlumaand Pcunda, advanced hy the Governor and Com^
pony qf the Bank of Ireland for the Public Service under an
Act made in the Forty-eighlh Year of His late Migeety; and of
another Act passed in the First Vear of the Reign of Her
present Majesty, intituled Jn Act to postpone until the First 7 w. 4. &
Day of January One thousand eight hundred and thirty^ine the ^ ^^^ ®' ^®*
Bepayment qf certain Sums advanced by the Bank of Ireland
far the PubUc Service ; and of another Act passed in the First
and Second Years of the Reign of Her present Majesty,
intituled An Act further to postpone until the First Day o/*i&8Vict csi.
January One thousand eight hundred and forty the Bepayment
qf certain Sums advanced by the Bank of IrelBnd for the Public
Service; and of another Act passed in the last Session of
Parliament, intituled Ai Act to continue until the First Day s&svict«e.9i.
^January One thousand eight hundred andforty^one an Act of
As hut Session of Parliament relating to the Bank of Ireland ;
Two several Annuities of Thirty thousand Pounds and
Twenty-five thousand Pounds late Irish Currency are now
payable to the Governor and Company of the said Bank, and
their Successors for ever, in respect of the said Sum of Six
hundred thousand Pounds and the first herein-before men-
tioned Sum of Five hundred thousand Pounds, subject never-
theless to Redemption upon the Dissolution of the said
Corporation as herein-«fbr mentioned; and an Annuity
of Fifty thousand Pounds like Currency is now payable to
the Governor and Company of the said Bank in respect of
the said Sum of One million two hundred and fifty thousand
Pounds ; and Interest at the Rate of Four Pounds per Osa-
tum per Annum is now also payable to the Governor and
Company of the said Bank, on the said secondly herein-
before mentioned Sum of Five hundred thousand Pounds,
until the First Day of January One thousand eight hundred
and forty-one^ unless such Sums should be sooner repaid ; and
such several Annuities or Interest are now chargeable upon
the Consolidated Fund of the United Kingdom of Great
Britain and Ireland^ and the Repayment of such Two last-
mentioned Sums of One million two hundred and fifty thou-
sand Pounds and Five hundred thousand Pounds is, under
the Provisions of the said Acts, charged upon the said Con-
solidated Fund, and such Repayment is to be made to the
Governor and Company of the said Bank on the said First
Day of January One thousand eight hundred and forty-one :
And whereas under the Provisions of the said Acts the said
Two several first-mentioned Annuities of Thirty thousand
Pounds and Twenty-five thousand Pounds may be terminated,
and the Corporation of the Governor and Company of the
said Bank may be dissolved, on Repayment of the said
several Sums of Money so advanced, and Payment of all
Arrears of the said Annuities and Interest, and on the giving
of certain Notices in the said Acts mentioned, or upon like
Repayment, by and with the Desire and Consent of the said

* Governor

406

Cap. 75.

Bank of Ireland,

3& 4 Vict.

So much of
recited Acts as
provides for the
Payment of
certain Anniii*
ties and Sums
to the Bank of
Ireland to
ceise.

An Annuity in
British Cur-
rency equal to
the Amount of
the said several
Annuities in
Irish Currency
made payable
to the Bank,
but subject to
Redemption.

< Governor and Company, signified by Tetition under their

< Common Seal : And whereas the said Grovemor and Com-
' pany of the Bank of Ireland have agreed that the said several
' Advances so made by them for the Public Service, (that is to

< say,) the said Three several Sums of Six hundred thousand

* Pounds, Five hundred thousand Pounds, and One million

< two hundred and fifty thousand Pounds advanced to His
' Majesty King George the Third, and the said Sum of Five

< hundred thousand Pounds advanced to His Majesty King

< George the Fourth, shall be consolidated, and that the whole

* Debt, consisting of such consolidated Sums, shall be redeem-
^ able at the Time and in the Manner and subject to the

* Provisions herein-after mentioned:' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same. That so much of the said recited Acts,
or any of them, as provides that the said Governor and Com-
pany of the Bank of Ireland shall for ever receive the said
several Annuities of Thirty thousand Pounds and Twenty-
five thousand Pounds late Irish Currency, and also so much
of the said recited Acts, or any of them, as provides that the
herein-before mentioned respective Sums of Five hundred
thousand Pounds and One million two hundred and fifty
thousand Pounds, late Irish Currency, sliall be repaid on the
First Day of January One thousand eight hundred and forg-
one, and also so much of the said recited Acts, or any of
them, as provides that an Annuity of Fifty thousand Pounds
late Irish Currency shall be paid to the Governor and Company
of the said Bank, in respect of the said Sum of One million
two hundred and fifi^ thousand Pounds, and that Interest, at
the Rate of Four Pounds per Centum per Annum^ shall be
paid to the Governor and Company of the said Bank on the
said last-mentioned Sum of Five hundred thousand Pounds
until the said First Day of January One thousand eight
hundred and forty-one, unless such Sums shall be sooner
repaid, shall be and the same is hereby repealed.

II. And be it enacted, That from and after the passing of
this Act there shall be paid and payable, but subject to the
Condition of Redemption herein-after contained, at the Receipt
of Her Majesty's Exchequer in Dublin^ to the Governor and
Company of the said Bank of Irdand^ out of the Consolidated
Fund of the United Kingdom of Great Britain and Ireland^
an Interest or Annuity of One hundred and fifteen thousand
three hundred and eighty-four Pounds Twelve Shillings and
Four-pence, being a Sum equal in the now lawful Currency of
the United Kingdom to the Amount of the said several Annuities
of Thirty thousand Pounds, Twenty-five thousand Pounds, and
Fifty thousand Pounds, late Irish Currency, and of the Interest^
at the Rate of Four Pounds per Centum per Annvm^ on the said
last-mentioned Sum of Five hundred thousand Pounds late Iridt
Currency, which Interest or Annuity of One hundred and fifteea

thousand

1840. Bank of Ireland. Cap. 75. 407

thousand three hundred and eighty-four Founds Twelve Shil-
lings and Four-pence shall be paid and payable by Two equal
lialf-yearly Payments, without any Defalcation or Abatement,
on the Fifth Day of January and the Fifth Day of July in each
Year, the first Payment of the said Interest or Annuity to be
made on the Fifth Day of January in the Year One thousand
eight hundred and forty-one : Provided always, that the Pay- A proportionate
ment to be made to the said Governor and Company on the ^^^ only to be

, t*% -r^. r T 1111 "I -T* paid on the

Fifth Day of January next shall be only a proportionate Fart .5ih January
of the said Annuity of One hundred and fifteen thousand three ^^xt.
hundred and eighty-four Pounds Twelve Shillings and Four*
pence, for the Period that shall have elapsed from the passing of
this Act to the said Fifth Day of January next

IIL And be it enacted, That there shall be paid to the said "^e Interest
Governor and Company of the Bank of Ireland in Dublin^ out J|^„?f ^\^^ ^^
of the Consolidated Fund of the said United Kingdom, within the passing of
Ten Days next after the passing of this Act, a proportionate ^*» Act shall
Part of the said several Annuities of Thirty thousand Pounds, ^ "^"^ ^^
Twenty-five thousand Pounds, and Fifty thousand Pounds, late
Irish Currency, for the Time that shall have elapsed from the
last half-yearly Days of Payment thereof respectively to the
Day of the passing of this Act ; and there shall also be paid to
the said Governor and Company, at the same Time, Interest
on the said Sum of Five hundred thousand Pounds late Irish
Currency, at the Rate of Four Pounds per Centum per Anmrnij
from the Fifth Day of July last to the Day of the passing of
this Act.

IV. Provided always, and be it enacted. That if at any Treasury em-
Time after the First Day of January One -thousand eight J*^^"^v°
hundred and forty-one the Lord High Treasurer, or the Com- Annuky on Six
missioners of Her Majesty's Treasury of the United Kingdom Months Notice,
of Great Britain and Ireland, or any Three or more of them, ^^ ^'?*^®" I'
shall be desirous and intend to redeem the said Interest or i^^jaii^^ ^
Annuity of One hundred and fifteen thousand three hundred next.
and eighty-four Pounds Twelve ShUlings and Four-pence, on
Kepayment of the said several Sums of Six hundred thousand
Founds, Five hundred thousand Pounds, One million two
hundred and fifty thousand Pounds, and Five hundred thousand
Founds, all late Irish Currency, and shall at any Time after
that Day give Six Months Notice to the Governor and Company
of the said Bank of Ireland of such his or their Desire and
Intention, it shall be lawful for the said Lord High Treasurer
or Commissioners of the Treasury, or any Three or more of
them, to repay the said several Sums of Six hundred thousand
Founds, Five, hundred thousand Pounds, One million two
hundred and fifty thousand Pounds, and Five hundred thousand
Founds, to the said Governor and Company ; and upon such
Repayment, together with all Arrears of the said Interest or
Annuity of One hundred and fifteen thousand three hundred
and eighty-four Pounds Twelve Shillings and Four-pence, then
accrued or accruing due, the said Intei*est or Annuity shall
cease and determine, any thing in this Act to the contrary

notwith-

408 Cap. 75« Bank of Ireland. 3 & 4 Vicr.

notwithstanding; and any Notice in Writing under the Hand

of the said Lord High Treasurer, or under the Hands of any

Three or more of the said Commissioners of Her Majesty's

Treasury, and delivered at the public OflBce of the Governor

and Company of the said Bank, or their Successors, shall be

deemed and adjudged to be a sufficient Notice within the

Meaning of this Act.

Annuity may V. * And whereas the Governor and Company of the said

be reduced with < Bank of Ireland may be hereafter willing to accept a lower

Consent of the , p^^^ ^f Interest on the said several Sums so from Time to

* Time advanced by them for the Public Service, and in respect
< whereof the said Annuity of One hundred and fifteen thousand

* three hundred and eighty-four Pounds Twelve Shillings and

* Four-pence is hereby made payable to them f be it therefore
provided and enacted, That it shall and may be lawful for the
Governor and Company of the said Bank, and they are hereby
empowered, by any Instrument in Writing, sealed with their
Common Seal, and addressed to the Lord High Treasurer or
Commissioners of the Treasury for the Time being, to signify
their Consent and Agreement to receive such smaller Interest
or Annuity, in lieu of the said Interest or Annuity of One
hundred and fifteen thousand three hundred and eighty-four
Pounds Twelve Shillings and Four-pence, as they may think
fit, from and after such Day as may be named in that Behalf
in such Instrument ; and it shall be thereupon lawful for the
said Lord High Treasurer or the Commissioners of Her
Majesty's Treasury, or any Three or more of them, by Warrant
under his or their Hands, to order and direct that such smaller
Interest or Annuity shall and may be paid and payable from
and out of the said Consolidated Fund, by Two equal half-
yearly Payments, in like Manner, and on the same Days in
each Year, as herein-before specified in respect of the said
Interest or Annuity of One hundred and fifteen thousand three
hundred and eighty-four Pounds Twelve Shillings and Four-
pence ; and such smaller Interest or Annuity shaJl be in lieu
and satisfaction of the said Interest or Annuity of One hundred
and fifteen thousand three hundred and eighty-four Pounds
Twelve Shillings and Four-pence, payable imder the herein-
before contained Provisions, and shall and may be redeemed in
like Manner and subject in all respects to the like Provisions.

Warrant direct- VI. And be it enacted. That a Copy of such Instrument and
lo\e"idd before Wa.rrant shall be laid before both Houses of Parliament if then
Parliament. sitting, and if not then sitting within Ten Days next after the

Commencement of the then next Session.
Principal and VII. And be it enacted, That the Repayment of the said
Interertio con- respective Sums of One million two hundred and fifty thousand
able^on the*" Pouuds and the said secondly mentioned Sum of Five hundred
ConsoUdated thousand Pounds, both late Irish Currency, and tlie consolidated
Fund. Interest or Annuity aforesaid, shall continue to be and be and

the same is hereby made chargeable upon the said Consolidated
Fund, until Parliament shall otherwise provide, in like Manner
aa the said several Sums, and the said former Annuities or

Interest^

1840. JBank of Ireland. Cap. 76. 409

Interest, were or are charged and chargeable; and Repayment
of the said respective Sums shall be made at or previous to
the Dissolution of the said Corporation of the Governor and
Company of the said B^nk of Ireland.

VlIL Provided also, and be it enacted. That nothing in this The Prorisions
Act contained shall extend or be construed to alter or repeal ^^ c'h""**"*^
the Provisions made by the said recited Acts, or any of them, privileges of"
for or in respect of die Dissolution of the said Corporation the Bank shaU
of the Governor and Company of the said Bank of Irekaidj ynM>ninft»W
save only so far as the same may be varied by the Provision ^^'
herein-before made requiring the Repayment, at or previous
to such Dissolution, as well of the said Sum of One million
two himdred and fi(fy thousand Pounds^ and the said secondly-
mentioned Sum of Five hundred thousand Pounds, as of the
said Sum of Six hundred thousand Pounds and the said first-
mentioned Sum of Five hundred thousand Pounds, or by the
Power herein-before contained authorizing the previous Pay*
ment of the said Sums of Six hundred thousand Pounds and
Five hundred thousand Pounds ; and that, save as by this Act
otherwise specially provided, the said Acts shall remain in full
Force and Effect.

IX. And be it enacted^ That, notwithstanding the Repayment poven of the .
of the said several Sums of Six hundred thousand Pounds, Five ^?jij°* *® **
hundred thousand Pounds, One million two hundred and fifty
thousand Pounds, and Five hundred thousand Pounds, late IriA
Currency, should the same be made at any Time previous to

the Dissolution of the said Corporation under the Provision
herein-before in that Behalf made, all the Powers, Authorities,
Franchises, Privileges, and Advanti^es given or recognized by
the said recited Acts, or any of them, as belonging to or
enjoyed by the Governor and Company of the said Bank of
Lrdmidy shall be and the same are hereby declared to be and
remain in full Force and Effect, subject nevertheless to the
Provision by the said recited Acts or any of them, and this
Act, made for the Redemption thereof, and for the Dissolution
of the said Corporation.

X. < And whereas by the herein-before recited Act, passed The annual
in the Parliament of Ireland in the Thirty-sixth Year of the Payment under
Reign of His Majesty King George the Third, a certain ^ybere^tted
annual Sum was made payable by the Governor and Com- bytheTieasury.
pany of the said Bank, on the Twenty-fourth Day of Jvaie in
every Year, into the Receipt of the Exchequer, for the Use

of l£s said Majesty, His Heirs and Successors, in respect of
the Monies of tlie Suitors in His Majes^s Courts, and of
the Public, deposited in the said Bank : And whereas other
Arrangements have been since made in respect of the said
Suitors Fund, and the said Payment is now reduced to the
annnal Sum of Two thousand Pounds or thereabouts ; and it
is expedient, with a view to fiu;ilitate such Arrangements as
may be hereafter made for the Reduction of the said Interest
or Annuity under the Provisions herein-before contained,
that the Lord High Treasurer or Commissioners of I|er

< Majesty's

410

Cap. 76, 76.

JBank of Ireland.

3&4yiCT.

< Majesty's Treasury shall be empowered, at his or their Dis^

< cretion, to remit tjie said annual Payment;' be it therefore
enacted. That it shall and may be lawful for the said Lord
High Treasurer or the Commissioners of Her Majesty's
Treasury, or any Three or more of them, for the Time being,
by Warrant in Writing under his or their Hands, to remit
the said annual Payment from and after such Time as shall
be expressed in such Warrant; and thereupon such annual Pay-
ment shall cease according to the Tenor of such Warrant, any
thing in the said recited Act directing the same to be made to

Warrant to be the contrary hereof notwithstanding ; and a Copy of any such

laid before Par- Warrant shall be laid before both Houses of Parliament if then

lamen . sitting, and if not then sitting within Ten Days after the Com*

mencement of the then next Session of Parliament.

XI* And be it enacted, That this Act may be amended or

repealed by any Act to be passed in this present Session of

Parliament.

'Act may be
amended, &c»

eaE7W.4.c.84.

CAP. LXXVI.

An Act to empower the Lord Lieutenant of Ireland
to annex certain Townlands to the County of Ros-
common. [7th Atigust 1840.]

YI^HEREAS by an Act passed in the Sixth* and Seventh
Years of the Reign of His Majesty King William the
Fourth, intituled Jn Act to consolidate arid amend the several
Acts Jar the uniform^ Valuation of Lands and Tenements in
Ireland ; and to incorporate certain detached Portions of Cotmties
and Baronies with those Cotmties and Baronies respectively toherelo
the same may adjoin or wherein the same are locally situate^ it is
amongst other things enacted, that whenever the Surveyors or
Persons appointed by the Lord Lieutenant of Ireland to
ascertain and mark out the reputed Boundaries of any County
in Ireland shall find that there is any detached or isolated
Portion of any one County locally situated within any other
County, the said Surveyors or Persons shall make a Rep6rt
thereof to the said Lord Lieutenant in Council ; and the said
Lord Lieutenant in Council shall be thereupon authorized
and required to make Order directing such detached or isolated
Portion of a County to be annexed to and incorporated with
the County wherein the same may be locally situate : And
whereas the Townlands of Auyhalusta, Lission, Cappagh^ Boosky
BanadOf and Keel Banada^ comprise a detached Portion of the
County otMbyo in Ireland^ being separated from that County
by the River Lvng^ and are situated within the C/Ounty of
Bjoscommxmy although not completely isolated therein ; and
it is expedient, for the Purpose of the General Survey of
Ireland now carrying on under the Direction of the Master
General and Board of Ordnance, and for the Purpose of ,the
Valuation consequent upon such Survey, that such detached

« Portion

1 840. Hateommon Townlands* Cap. 76. 41 1

' Portion of the County of Mayo should be comprised and

* included in the County of Baxomnum^ so that the said
^ Counties of Mayo and Soscomnum may respectively consist of

* One continuous Tract of Land:' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, aiid by the Authority of the

same. That whenever the Surveyors or Persons appointed by Lord Lieute-
the said Lord Lieutenant to ascertain and mark out the reputed ""^ in Council
Boundaries of each or any County, Barony, Half Barony, R^p^ rf ^
Parish, or other Division or Denomination of I^and in Ireland^ Boundary Sur-
with a Tiew to the more effectual fbcecution of the General "^^^ *J o"***
Survey now in progress throughout Ireland under the Direction ^^ compri*.
of Officers appointed by the Master General and Board of ing a detached
Ordnance^ pursuant to the Provisions of an Act passed in the J^^^^o" oJ*^«
Sixth Year of the Reign of His Majesty King George the Su^cJ^o be
Fourth, intituled Jn Act to repeal an Act of the last Session of annexed to the
Parliament relative to the forming Tables of Manors^ Parishes^ ^oumy of^R«^
and Taundands in Ireland, and to make Provision for ascertairdng w^°icy are"
the Boundaries of the same^ shall find that the said Townlands locally situated;
comprise a detached Portion of the County of Mayoj and that
they are separated from the said County by the River Lung^
and are locally situated within the County of Roscommon^
although not completely isolated therein, the said Surveyors or
Persons shall make a Report to the said Lord Lieutenant in
Council, stating the Situation of such detached Portion of the
County of :Mayo and of the adjoining County of Roscommon^
and describing the same in a Plan or Map to be annexed to
such Report; and thereupon such Lord Lieutenant in Council
shall make Order directing such detached Portion of the County
of Mayo to be annexed to and incorporated with the County of
Soscomrnan^ and shall and may by such Order limit and deter-
mine the Purposes to which such Union and Annexation shall
extend, and fix and declare from what Period the same shall
take effect, and settle and adjust all such other Matters and
Things in respect thereof as the said Lord Lieutenant and
Council are required and authorized to settle and adjust in
Cases where they shall direct any detached Portion of a County
to be annexed to and incorporated with any other County,
under the Provisbns of the said recited Act of the Sixth and
Seventh Years of the Reign of His Majesty King William the
Fourth ; and that it shall be lawful for the said Lord Lieutenant "^ ^ "«Jte
in Council, from Time to Time as Occasion may require, to menul"or^r
make such and the like supplemental Order or Orders, for in respect
removing such Doubts or settling such Disputes as may arise in thereof, an said
consequence of the Changes effected by virtue of the Provisions ^J^^ and^Owm-
in this Act contained, as the said Lord Lieutenant and Council cil are auth(v
are authorized to make in consequence of any Charges effected rwedtomakein
in Cases where any detached Portion of a County is directed SrtMhed^Por-
to be annexed to and incorporated with any other County Uon of a Coun-
linder the Provisions of the said recited Act of the Sixth and *y annexed to
Seventh Years of the Reign of His Majesty King WiUiam the ^^^f^
[Na27. Price 2i] D d Fourth; w. 4. c. 34.

413

C3ap. 76, 77.

RoBcommon Taumlandi,

3 & 4 Vict.

ProTisions of
6&7W.4. C.84.
in respect of
detached Por-
tions of a
County annex*
ed to any other
County extend-
ed to this Act

Act may be
amendedy &c«

Fourth ; and such Order or supplemental Order shall be made
and dealt with in the like Manner, and be of the like Validity
and EflTect, as any Order or supplemental Order made under
the Provisions of the said last-mentioned Act: Provided
always, that if any Person, being Owner or Proprietor of any
Portion of any of the said Townlands respectively, shall refuse
his Concurrence to such Annexation or Incorporation, and
shall declare such Refusal, in Writing, to the said Lord Lieu*
tenant, within Three Months after the passing of this Act, the
Townland whereof, or of any Portion whereof, he is Owner or
Proprietor, shall be excluded from the Operation of this Act.

II. And be it enacted, That all the Gauses, Powers, Pro*
visions. Regulations, Penalties, and Forfeitures in the said last^
mentioned Act contained, in relation to the ascertaining and
making out the Boundaries of any detached or isolated Portion
of any County, or in relation to any detached or isolated Portion
of a County annexed to or incorporated with any other Coun^
under and by virtue of the Authority therein contained, shaU
extend and apply, as far as the same are applicable, to this Act^
as fully and effectually as if such Clauses, Powers, Provisions^
Regulations, Penalties, and Forfeitures were herein set forth
and re-enacted, and that the said last-recited Act and this Act
shall be construed together as One Act to all Intents and
Purposes whatsoever.

III. And be it enacted. That this Act may be amended or
repealed by any Act to be passed in the present Session of
Parliament

CAP. LXXVIL

An Act for improving the Condition and extending
the Benefits of Grammar Schools.

[7th August 1840.]

Yl/^HEREAS there are in England and Woks many endowed
Schools, both of Royal and Private Foundation, for
Education of Boys or Youth wholly or principally in Oram*
mar ; and the Term " Grammar " has been construed by
Courts of Equity as having reference only to the dead Lan*
guages, that is to say, Greek and Latin : And whereas such
Education, at the Period when such Schools or the greater
Part were founded, was supposed not only to be sufficient to
qualify Boys or Youths for Admission to the Universities, with
a view to the learned Professions, but also necessary for pre*
paring them for the superior Trades and Mercantile Business :
And whereas from the Change of Times and other Causes such
Education, without Instruction in other Branches of Literature
and Science, is now of less Value to those who are entitled
to avail themselves of such charitable Foundations, whereby
such Schools have, in many Instances, ceased to afford a sub**
stantial Fulfilment of the Intentions of the Founders; and

' * the

1840. Grammar Schools. Cap. 77. * 418

the System of Education in such Grammar Schools ought
therefore to be extended and rendered more generally bene-
ficial, in order to afford such Fulfilment; but tlie Patrons,
Visitors, and Governors thereof are generally unable of their
own Authority to establish any other System of Elducation
than is expressly provided for by the Foundation, and Her
3fajesty's Courts of Law and Equity are frequently unable to

five adequate Relief, and in no Case but at considerable
Ixpence : And whereas in consequence of Changes which have
taken place in the Population of particular Districts it is
necessary, for the Purpose aforesaid, that in some Cases the
Advantages of such Grammar Schools should be extended to
Boys other than those to whom by the Terms of the Foun-
dation or the existing Statutes the same is now limited, and
tliat in other Cases some Restriction should be imposed, either
with reference to the total Number to be admitted into the
School, or as regards their Proficiency at the Time when they
may demand Admission; but in this respect also the said
Patrons, Visitors, and Governors, and the Courts of Equity,
are frequently without sufficient Authority to make such Ex-
tension or Restriction : And whereas it is expedient that in
certain Cases Grammar Schools in the same Place should be
united : And whereas no Remedy can be applied in the Pre-
mises without the Aid of Parliament:' Be it therefore declared
and enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the Authority of the same. That whenever, after the passing Courts of
of this Act, any Question may come under Consideration in Equity empow,.
any of Her Majesty's Courts of Equity concerning the System ^ Q^tion "
of Education thereafter to be established in any Grammar comes before
School, or the Right of Admission into the same, whether such ^^^J^ ™*q®^
Question be already pending, or whether the same shall arise ^^^ extending*
upon any Information, Petition, or other Proceedings which the System of
may be now or at any Time hereafter filed or instituted, for ^^^^^^
whatever Cause the same may have been or may be instituted, AdmisMon^into
according to the ordinary Course of Proceedings in Courts of any School, and
Equity or under the Provisions of this Act, it shall be lawful ^ establWi

t» t r> 1 1 -w-w r% 1 t "J Schemes for the

for the Court to make such Decrees or Orders as to the said Application of
Court shall seem expedient, as well for extending the System of its Revenues,
Education to other useful Branches of Literature and Science in ^^^^^^^^y^^
addition to or (subject to the Provisions herein-after contained) il^entions oi
in lieu of the Greek and Latin Languages, or such other Instruc- the Founder.
tion as may be required by the Terms of the Foundation or the
then existing Statutes, as also for extending or restricting the
Freedom or the Right of Admission to such School, by deter-
mining the Number or the Qualifications of Boys who may there-
after be admissible thereto, as free Scholars or otherwise, and for
settling the Terms of Admission to and Continuance in the same,
and to establish such Schemes for the Application of the Reve-
nues of any such Schools as may in the Opinion of the Court
be conducive to the rendering or maintaining such Schools

D d 2 in

414

Cap. 77.

Grammar Schools,

8 & 4 Vict.

Before making
such Decrees
the Courts shall
consider the
Intentions of
the Founderiy
the State of
Schoo], &c.

Court not to
dispense with
the principal
Objects, or the
Qua1i6cations
required, unless
Revenues are
insufficient.

Standard of
Admission not
to be lowered
where Greek
and Latin is
retained.

Where the
teaching of
Grpek and
Latin ia dia>
penaed with,
unalogous In-
struction to be
substituted, &c.

in the greatest Degree efficient and useful, with due Regard to
the Intentions of the respective Founders and Benefactors, and
to declare at what Period and upon what Event such Decrees
or Orders, or any Directions contained therein, shall be brought
into operation, and that such Decrees and Orders shall have
Force and EiFect notwithstanding any Provisions contained in
the Instruments of Foundation, Endowment, or Benefaction, or
in the then existing Statutes : Provided always, that in case
there shall be any special Visitor appointed by the Founder, or
other competent Authority, Opportunity shall be given to such
Visitor to be heard on the Matters in question, in such Manner
as the Court shall think proper, previously to the making such
Decrees or Orders.

II. Provided always, and be it enacted. That in making any
such Decree or Order the Court shall consider and have
regard to the Intentions of the Founders and Benefactors of
every such Grammar School, the Nature and Extent of the
Foundation and Endowment, the Rights of Parties interested
therein, the Statutes by which the same has been hitherto
governed, the Character of the Instruction theretofore afforded
therein, and the existing State and Condition of the said' School,
and also the Condition, Rank, and Number of the Children
entitled to and capable of enjoying the Privilege of the said
School, and of those who may become so capable if any extended
or diiferent System of Education, or any Extension of the Right
of Admission to the said School, or any new Statutes, shall be
established.

IIL Provided also, and be it enacted. That, unless it shall
be found necessary from the Insufficiency of the Revenues of
any Grammar School, nothing in this Act contained shall be
construed aa authorizing the Court to dispense with the teach-
ing of Latin and Greek, or either of such Languages, now
required to be taught, or to treat such Instruction otherwise
than as the principal Object of the Foundation ; nor to dispense
with any Statute or Provision now existing, so far as relates to
the Qualification of any Schoolmaster or Under Master.

IV. Provided also, and be it enacted. That in extending, as
herein-before provided, the System of Education or the Right
of Admission into any Grammar School in which the teaching
of Greek or Latin shall be still retained, the Court shall not
allow of the Admission of Childi*en of an earlier Age or of less
Proficiency than may be required by the Foundation or exist-
ing Statutes, 'or may be necessary to show that the Children
are of Capacity to profit by the Kind of Education designed by
the Founder.

V, Provided also, and be it enacted, That whenever, on
account of the Insufficiency of the. Revenues of any Grammar
School, the Court shall think fit to dispense with the teaching of
Greek or Latin, the Court shall prescribe such a Course of
Instruction, and shall require such Qualifications in the Children
at the Period of their Admission, as will tend to maintain the
Character of the School as nearly aS| with reference to the

Amount

1840. Grammar Schools. Cap. 77. 415

Amount of the Revenues, it may be analogous to that which was
contemplated by the Founder ; and that whenever, on the like
Account, the Court shall think fit to dispense with any Statute
or Provision as far as relates to the Qualification of any School-
master or Under Master, the Court shall substitute such Quali*
fication as will provide for every Object implied in the original
Qualification, which may be capable of being retained notwith*
standing such Insufficiency of the Revenues.

VL Provided also» and be it enacted, That in case the Ap« QualiBcations
pointment of any additional Schoolmaster or Under Master of new School-
shall be found necessary for the Purpose of carrying the Right ofAp-
Objects of this Act into execution, the Court shall require the pointment re-
same Qualificatibn in such new Schoolmaster or Under Master S^''**^
respectively as may be required by the existing Statutes in the
present Schoolmaster or tinder Master, except such as may
be wholly referable to their Capability of giving Instruction in
any particular Branch of Education; but that every other
Qualification implied in the Qualification of the original School-
master or Und^r Master, and capable of being retained, shall
be retained and required in such new Schoolmaster or Under
Master ; and the Court shall also in such Case declare in whom
the Appointment of such new Schoolmaster or Under Master
shall be vested, so as to preserve as far as may be the existing
Rights of all Parties with regard to Patronage.

VIL Provided also, and be it enacted. That although under Schools to be
the Provisions herein-before contained the teaching of Greek Sh"*u"h
or Latin in any Grammar School may be dispensed with, every Greek and^La-
such School, and the Mastere thereof^ shall be'still considered as tin dispensed
Grammar Schools, and Grammar Schoolmasters, and shall con- JI^^^jXiLt^to"
tinue subject to the Jurisdiction of the Ordinary as heretofore ; the Ordinary.
and that no Person shall be authorized to exercise the Office of
Schoolmaster or Under Master therein without having such
Licence, or without having made such Oath, Declaration, or
Subscription as may be required by Law of the Schoolmasters
or Under Masters respectively of other Grammar Schools.

VIII. Provided also, and be it enacted. That whenever the Extension of
Court shall think fit to extend the Freedom of or the Right of ^8*?' ®^ ^^'
Admission into any Grammar School, such Extension shall be ^,l^^ex-
80 qualified by the Court that none of the Boys who are by isdng Rights.
the Foundation or existing Statutes entitled to such Privilege

shall be excluded, by the Admission of other Bovs into the said
School, either from such School itself or from Competition for
any Exhibition or other Advantage connected therewith.

IX. And be it enacted. That in case there shall be in any Where several
City, Town, or Place any Grammar School or Grammar Schools, ^^^^^l^ '„j
the Revenues of which shall of themselves be insufficient to the Revenues
admit of the Purposes of their Founder or Founders being ofuiy ere in-
effected, but which Revenues if joined to the Revenues of any "»®<^*» ^
other Grammar School or Grammar Schools in the same City^
To^wn, or Place would afibrd the Means of efiecting the Purposes

of the Founders of such several Schools, it shall be lawful for
the Court of Chancery to direct such Schools tq I^ united) and

D d 3 the

4IS

Cap. 77.

Grammar Sehoolt.

3 & 4 Vict.

Consents
necessary
to Union.

Present Bchool*
masters not to
be ailected, but
to be at liberty
to resign on
receiving Pen-
sions.

How new Ap*
pointment of
Master to be
made.

Lapse of Right
of Nomination
of Master shall
take place from
Time of settling
the new Sta-
tutes.

Where suffi-
cient Powers
of Discipline
eiist, the Per-
sons possessing
to be at liberty
to exerdse
them.

the Revenues of the Schools so united to be applied to the
Support of One School to be formed by such Union, and which
shall be carried on according to a Scheme to be settled for that
Purpose under the Direction of the said Court: Provided
always, that before Application shall be made to the Court to
direct such Union the Consent of the Visitor, Patron, and
Governors of every School to be effected thereby shall be first
obtained^

X. Provided always, and be it enacted, That no new Statutes
affecting the Duties or Emoluments of any Scho<dmaster or
Under Master shall be brought into operation as regards any
such Master who shall have been appointed previously to the
passing of this Act without his Consent in Writing ; but that
in case any such Schoolmaster or Under Master as last afore-
said shall be unwilling to give such Consent as aforeisaid, and
shall be desirous or willing to resign his Office on receiving a
retiring Pension, it shall be lawful for the Governors, if there
be any competent to act, or if there be no such Governors, for
the Visitor, to assign to such Master such Pension as to them
or him (as the Case may be) shall seem reasonable from the
Time of his Resignation, which Pension, if approved as herein-
after mentioned, the Trustees of the said School are hereby
authorized and required to pay to him, or his Order, according
to the Terms of such Assignment

XL And be it enacted. That any Schoolmaster appointed in
any Grammar School after the passing of this Act shall receive
his Appointment subject to such new Statutes as may be made
and cpnfirmed by the Court of Chancery, in pursuance of any
Proceedings which may be commenced under this Act, within
Six Months after such Vacancy shall have occurred.

XII. Provided always, and be it enacted. That the Term on
the Expiration of which any Right of Nomination or Appoint-
ment of the Master in any Grammar School would otherwise
lapse shall, on the first Avoidance of the Office which shall
occur after the passing of this Act, be computed firom the Time
of the Confirmation of the new Statutes by which the School
is to be in future governed, or if no Proceedings are pending
for the Purpose of having Statutes established from the Expi-
ration of the Time withm which such Proceedings may be
instituted, and not from the Time of the Avoidance.

XIII. < And whereas it is expedient that the Discipline of
< Grammar Schools should be more fully enforced;' be it
declared and enacted, That in all Cases in which sufficient
Powers, to be exercised by way of Visitation or otherwise in
respect of the Discipline of such Schools, shall already exist and
be vested in any Person or Persons, it shall be lawful for such
Person or Persons to exercise the same when and so often as
they shall deem fit, either by themselves personally or by Com-
mission, without being first requested or required so to do^
and likewise to direct such Returns to be made by the Masters
of such Schools, of the State thereof, of the Books used therein^
and of such other Particulars as he or they may think proper^

and

laid. Gramnuxr Skhoob. CeL^.77. 417

and also to order such Examinations to be held into the Pro-
ficiency of the Scholars attending the same as to him or them
may teem expedient

XIV. And be it enacted* That in all Cases in which any Wh«re mch
Person or Persons, having Authority, by way of Visitation or ^^?" ** ^
otherwise, in respect of the Discipline of any Grammar School, ^y^llLc
may not have sufficient Power properly to enforce the same, them.

it shall be lawful for the Court of Chancery to order and direct
that the Powers of such Person or Persons shall be enlarged to
tach Extent and in such Manner, and subject to such Provision!!^
as to the said Court shall seem fit.

XV. And be it enacted. That in all Cases in which no Where no
Authority to be exercised by way of Visitation in respect of couiima*^
the Discipline of any Grammar School is now vested in any create th^i.
known Person or Persons, it shall be lawful for the Bishop of

the Diocese wherein the same is locally situated to apply to the
Court of Chancery, stating the same ; and the said Court shall
have Power if it so think fit to order that the said Bishop shall
be at liberty to visit and r^ulate the said School in respect
of the Discipline thereof, but not further or otherwise.

XVL And be it enacted, That in event of the Person or Court of Ch«n-
Persons by whom Powers of Visitation in respect of the Dis- ^J^J^^^
cipline of any Ghrammar School ought to be exercised refusing to act pro bdc
or neglecting so to do within a reasonable Time after the same yjce in certain
ought to be exercised, or in the event of its being uncertain in
whom the Right to exercise such Powers is vested, such Powers
shall be exercised pro hde vice by some Person specially appointed
by the Authori^ of the Court of Chancery, on Application made
by any Person or Persons interested in such Grammar School ;
Provided always, that nothing herein contained shall exempt Proviso.
any Visitor from being compelled by any Process to which he
is now amenable to perform any Act which he is now com*
pellable to perform.

XVII. < And whereas it is expedient to provide for the more Court of Chan.
* easy Removal of unfit and improper Masters ;' be it declared ^^x^^ ^^e
and enacted. That it shall be lawful for the Court of Chancery jJlnt* M^i^f
to empower the Person or Persons having Powers of Visitation removing

in respect of the Discipline of any Grammar School, or who Masters.
shall be specially appointed to exercise the same under this
Act^ and the Governors, or either of them, after such Inquiries
and by such Mode of Proceeding as the Court shall direct, to
remove any Master of any Grammar School who has been
negligent in the Discharge of his Duties, or who is unfit or
Incompetent to discharge them properly and efficiently, either
firom immoral Conduct, Incapacity, Age, or from any other
Infirmi^ or Cause whatsoever.

XVIII. Provided always, and be it enacted. That in case the Power in cer-
Cause for which any Master be removed shall be Incompetency **^? ^^^ ^
from Age or other Infirmity, it shall be lawful for the said ^JSon! """^
Governors, with the Approbation of the Visitor, to assign to

the Use of such Master any Portion of the annual Revenues of
tlie said Grammar School in One or more Donations, or by

D d 4 way

418 Cap. 77. Grammar SchaoU. 88c4Vfi;r*

way of Annuity determinable on the Death of such Master, or

on any other specified Event during his Life, or to assign to

him any Part of the Estate of the said Grammar School for his

Occupation for a Term determinable in like Manner ; provided

that there shall remain sufficient Means to provide for the

efficient Performance of the Duties which belong to the Office

from which such Master shall be removed.

Premises held XIX. And for the more speedy and effisctual Recovery of

dLraUMd'or*" ^^ Possessiou of any Premises belonging to any Grranunar

ceasing to bold School which the Master who shall have been dismissed as

OflSee, to be' aforesaid, or any Person who shall have ceased to be Master,

•mnmi^Way. ^^ ^^^^ ^^^^ ^^ ^'* Dismissal or ceasing to be Master,

^/^^,r^ y/:S?^^®P^ under such Assignment as may have been made under

r-^ A C J^V^'^i^ Provisions of this Act, the Term of such Assignment being

still unexpired, and the Premises assigned being in the actual
Occupation of the Master so dismissed or ceased to be Master,
be it enacted. That when and as often as any Master hblding
any Schoolroom, Schoolhouse, or any other House, Land, or
Tenement, by virtue of his Office, or as Tenant or otherwise
under the Trustees of the said Grammar School, except on
Lease for a Term of Years still unexpired, shall have been
dismissed as aforesaid, or shall have ceased to be Master, and
such Master, or (if he shall not actually occupy the Premises or
shall only occupy a Part thereof) any Person by whom the
same or any Part thereof shall be then actually occupied, shall
neglect or refuse to quit and deliver up Possession of 'the Pre-
mises, or of such Part thereof respectively, except such as are
herein-before excepted, within the Space of Three Months after
such Dismissal or ceasing to be Master, it shall be lawful for
Justices of the Peace acting for the District or Division in which
such Premises or any Part thereof are situated, in Petty Sessions
assembled, or any Two of them, and they are hereby required,
on the Complaint of the said Trustees or their Agents, and
on the Production of an Order of the Court of Chancery de-
claring such Master to have been duly dismissed or to have
ceased to be Master, ta issue a Warrant, under their Hands
and Seals, to the Constables and Peace Officers of the said
District or Division, commanding them, within a Period to be
therein named, not less than Ten nor more than Twenty-one
clear Days from the Date of such Warrant, to enter into the
Premises, and give Possession of the same to the said Trustees
or their Agents, in such Manner as any Justices of the Peace
are empowered to give Possession of any Premises to any Land-
lord or his Agent under an Act passed in the Session of Parlia-
ment held in the First and Second Years of the Reign of Her
i&2Vict.c.74. present Majesty, intituled An Act to faciUtate the Recovery of

Possession of Tenements afier due Determination ofihe Tenancy.
Master shall; XX. Provided always, and be it enacted, That nothing in
Titi^&ck ^^ -^^^ ^^ ^^ ^^ recited Act shall extend or ,be construed

to extend to enable any Master so dismissed, or ceasing to be
Master as aforesaid, . to call in question the Validity of such
Dismissal^ provided that the same shall have proceeded firom

the

1840/ Xjframmar Sekoob. Cap. 77. 41 A

liie Persons authorized to order the same, after such Inqairie&
and by such Mode of proceeding as required in that Behalf, or
to call in question the Title of the Trustees' to Possession of
any Premises of which such Master shall have become pos-
sessed by virtue of his late Office, or as Tenant or otherwise
nnder the Trustees of the said Grammar School for the Time
being.

XXL * And whereas it^is expedient to facilitate Applica- Applications to
* dons to the Court of Chancery under this Act;* be it €^nacted» ?^*^tj° p .
That all Applications may be heard and determined and all tion.^ ^ ^ '
Powers .given by this Act to the Court of Chancery may be
exercised in Cases brought before such Court by Petition
only, such Petitions to be presented, heard, and determineki Such Petitions
according to the Provisions of an Act paired in the Fifty- ^nS^/^'^g
second Year of the Reign of His late Majesty King George c. loi.
the Third, intituled An Act to provide a mmmary Remedy in
Ccues of Abuses of Trusts created for duxritabk Purposes.

XXIL And be it enacted. That in every Case in which If Crown is
the Patronage of any Grammar School, or Right of appoint- h?" Cha^^
ing the Schoolmaster or Under Master thereof, is vested in ceHor or Chan-
the Crown, the Lord High Chancellor, or the Chancellor of ceXim of Duchy
the Duchy of LancaOer in respect of any Grammar School J^,^^**'
within the County Palatine of Lancasterj shall be considered
as the Patron of such Grammar School for the Purposes of this
Act.

XXIIL And be it enacted, That the Powers and Autho- Powers of
rities herein- before given to the Lord High Chancellor shall ^j^ ^^^"
and may be exercised in like Manner by and are hereby given exercised by
to the Lord Keeper or Lords Commissioners for the Custody Lord Keeper,
of the Great Seal respectively for the Time being. **•

XXIV. Provided always, and be it enacted. That neither Sftving of
this Act nor any thing therein contained shall be any way pre* Sj|^ **^
judicial or hurtful to the Jurisdiction or Power of the Ordinary,

but that he may lawfully execute and perform the same as
heretofore he might according to the Statutes, Common Law,
and Canons of this Realm, and also as far as he may be further
empowered by this Act ; and that this Act shall not be con-
strued as extending to any of the following Institutions ; (that Certain Found-
18 to say,) to the Universities of Oxford or Cambridffe^ or to any *^*^* fj^^^
College or Hall within the same, or to the University of jLon- this Act.
don^ or any Colleges connected therewith, or to the University
of Durham^ or to the Colleges of Saint David^s or Saint Be^s,
or the Grammar Schools of Westminster^ Eton^ Windiesterf
SarroWf Charter Hausej^Rugby, Merchant Tailors, Saint PauPs^
Christ s Hospitalj Birmingham^ Manchester, or Macdesfidd, or
JLau&i or such Schools as form Part of any Cathedral or Colle-
giate Church.

XXV. And be it enacted. That in the Construction and Construction of
for the Purposes of this Act, unless there be something in Terms.

the Subject or Context repugnant to such Construction, the
Word ^Grammar School ** shall mean and include all en-*
dowed Schools, whether of Royal or other Foundation, founded^

endowed^

42# Cap. 77. Orammar StAoolt. 3&4yicr«

mdowed, or maintained fbr the Purpose of teaching Latin
and Greek, or either of such Languages^ whether in the
Instrument of Foundation or Endowment, or in the Statutes
or Decree of any Court of Record, or in any Act of Parliament
establishing such School^ or in any other Evidences or Docu-
ments, such Instruction shall be e^iressly described, or shall
be described by the Word " Grammar,*' or any other Form of
Expression which is or may be construed as intending Greek
or Latin, and whether by inch Evidences or Documents as
aforesaid, or in Pracdce^ such Instruction be limited exclusively
to Greek or Latin, or extended to both such Languages, or to
any other Branch or Branches of Literature or Science in ad-
dition to them or either of them ; and that the Words '^ Gram-
mar SchooP' shall not include Schools not endowed, but shall
mean and include all endowed Schools which may be Grammar
Schools by Reputation, and all other charitable Institutions
and Trusts, so &r as the same may be for the Purpose of
providing such Instruction as aforesaid ; that the Word
*^ Visitor" shall mean and include any Person or Persons in
whom shall be vested solely or jointly the Whole or such
Portion of the visitatorial Power as regards the Subject of the
Enactment or Provision, or any Powers in regard to the Dis*
cipline or making of new Statutes in any School; that the
Word << Governors" shall mean and include all Persons or
Corporations, whether Sole or Aggregate, by whatever Name
they may be styled, who may respectively have the Go-
vernment, Management, or Conduct of any Grammar Schoolf
whether diey have also any Control over the Revenues of the
School as Trustees or not; that the Word ^< Trustees" shall
mean and include all Persons and Corporations, Sole or Ag-
gregate, by whatever Name they may be styled, who shall
have the Management, Disposal, and Control over the Revenues
of any Grammar School, whether the Property be actually
vested in them or not; that the Word <^ Statutes" shall mean
and include all written Rules and Regulations by which the
School, Schoolmasters, or Scholars are, shall, or ought to be
governed, whether such Rules or Regulations are comprised in,
incorporated with, or authorized by any Royal or other
Charter, or other Instrument of Foundation, Endowment, or
Benefaction, or declared or confirmed by Act of Parliament, or
by Decree of any Court of Record, and also all Rules and
Regulations which shall be unwritten, and established only
by Usage or Reputation; that the Word << Schoolmaster"
shall mean and include the Head Master only, and the
Word ^* Under Master" every Master, Usher, or Assistant
in any School except the Head Master ; and that the Word
^^ Master" shall mean and include as well any Head Master
as Under Master ; that the Words << Discipline" or ** Manage-
ment" of a School shall mean and include all Matters re-
specting the Conduct of the Masters or Scholars, the Method
and Times of Teaching, the Examination into the Proficiency
of the Sehdlars of any School, and the ordering of Returns or

Reports

1840. (hammoT Sih^iUi^^Clergy Beierv^ Cap. 77, 7ft 421

Rqxirts with reference to such ParticolBn, c»r any of them ; and
that any Word importing the Singular Number only shall mean
and include several Persons or Things as well as one Person
or Thing, and the converse.

XXVI. And be it enacted. That this Act may be amended Aet w^ te
or repealed by any Act to be passed in this present Session of ^^^^ *^
Parliament. "^"^

CAP. LXXVIIL

An Act to provide for the Sale of the Clergy Re«*
serves in the Province of Canada^ and for the
Distribution of the Proceeds thereof.

[7th Augmt 1840.]

< 11^ HERE AS it is expedient to provide for the final Dis-

* ** position of the Lands called Clergy Reserves in Cb»
' nada, and for the Appropriation of the yearly Income arising

< or to arise therefrom, for the Maintenance of Religion and

* the Advancement of Christian Knowledge within the said

* Province;' be it enacted by the Queen's most Excellent Ma-
jes^, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia*

ment assembled, and by the Authority of the same. That OergyResenres
after the passing of this Act it shall be lawful for the Governor ™*y ** *^
of the Province of Canada^ by and with the Advice of his
Executive Council, and under such Regulations as may be by
faim from Time to Time in Council established in that Behalf
and approved by the Queen in Council, to sell, grant, alienate,
and convey in Fee Simple all or any of the said Clergy Re*
serves : Provided nevertheless, that the Quantity of the said Proviso.
Clergy Reserves so to be sold as aforesaid in any One Year
shall not in the whole exceed One hundred thousand Acres, '
without the previous Approbation in Writing of One of Her
Majesty's Principal Secretaries of State.

IL And be it enacted. That the Proceeds of all past Sales InTestment of
of snch Reserves which have been or shall be invested under Sj*^*^®^
the Authority of an Act passed in the Eighth Year of the 7&8g!4.^.68.
Reign of King George the Fourth, intituled An Act to autlkorize
the Sak of Fart of the Clergy Reserves in the Provinces of Upper
and Lower Canada, shall be subject to such Orders as the
Governor in Council shall make for investing, either in some
Public Funds in the Province of Canada, secured on the Con*
solidated Fund of the said Province, or in the Public Funds of
Great Britain and Ireland, the Amount now funded in England^
together with the Proceeds hereafter to be received from the
Sales of all or any of the said Reserves, or any Part thereof:
Provided .always, that the necessanr Expences of such Sales
shall be borne and defrayed out of the first Monies received
therefrom*

lU. And

42^ Cap, 78. CUrgy Reservegj Canada. 8 & 4 Vicr.

Present Fay. III. And be it enacted, That the Interest and Dividends
^c'lts *o Re- accruing upon such Investments of the Proceeds of all Clergy
out°of Crown* Reserves sold or to be sold, and also the Interest to accrue upon
Revenues to be Sales on Credit of Clergy Reserves, and all Rents arising
the first Charge froin Clergy Reserves that have been or may be demised for
on the Fund. ^^^ ^^^ of Years, shall be paid to the Receiver General of

the Province of Canada, or such other Person as shall be
appointed to receive the Public Revenues of the said Pro-
vince, and shall together form an annual Fund for the Pur-
poses herein-after mentioned, and shall be paid by him from
Time to Time in discharge of any Warrant or Warrants
which shall from Time to lime be issued by the Governor,
in pursuance of the Provisions of this Act ; (that is to say,) in
the first place, to satisfy all such annual Stipends and Allow-
ances as have been heretofore assigned and given to the Clergy
of the Churches of England and Scotland, or to any other
Religious Bodies or Denominations of Christians in Canada,
and to which the Faith of the Crown is pledged, during the
natural Lives or Incumbencies of the Parties now receiving
Proviso. the same: Provided always, that until the annual Fund so

to be created and deposited with the Receiver General shall
suffice to meet the above-mentioned Stipends and Allowances,
the same, or so much thereof as the said Fund may be insuffi-
cient to meet, shall be defrayed out of the Casual and Territorial
Revenue of the Crown in the Province of Canada.
Provision for IV. And be it enacted, That as soon as the said Fund shall
of^E? knd^nd ®*^®^ ^® Amount of the several Stipends and Allowances
Scotland. aforesaid, and subject always to the prior Satisfaction and

Payment of the same, the said annual Fund shall be appro-
priated as follows ; (that is to say,) the net Interest and
Dividends accruing upon the Investments of the Proceeds of
all Sales of such Reserves sold or to be sold under the Au-
thority of the before-recited Act of the Eighth Year of the
' Reign of King George the Fourth shall be £vided into Three
equal Parts, of which Two shall be appropriated to the Church
of England and One to the Church of Scotland in Canada ; and
the net Interest and Dividends accruing upon the Investments
of the Proceeds of all Sales of such Reserves sold under the
Authority of this Act shall be divided into Six equal Parts,
of which Two shall be appropriated to the Church of England
and One to the Church ot Scotland in Canada : Provided alwaj's,
that the Amount of the before-mentioned Stipends and Al-
lowances which shall be paid to and received by i^ny Clergy-
man of either of the said Churches of England or Scotland shall
be taken, as far as the same will go, as a Part of the Share
accruing to each Church respectively by virtue of this Act ;
(that is to say,) the Stipends and Allowances to any Clergy-
man of the Church of Enghmd as Part of the Share accruing
to the Church of England, and the Stipends and Allowances
to any Clergyman of the Church of Scotland as Part of the
Share accruing to the said Church of Scotland, so that neither

of

1840. Clergy Reserves^ Canada. * Cap. 78. 423

of the said Churches shall receive any farther or other Sum
beyond such respective Stipends and Allowances until the Pro*
portion of the said annual Fund allotted to them respectivelv
in manner aforesaid shall exceed the annual Amount of such
Stipends and Allowances.

V. And be it enacted, That the Share allotted and ap- Application of
propriated to each of the said Churches shall be expended *J*** ^^^ *"
for the Support and Maintenance of Public Worship and the
Propagation of Religious Knowledge, the Share of the said
Church of England being so expended under the Authority
of the " Society for the Propagation of the Gospel in Foreim
Parts," and the Share of the said Church of Scotland under tne
Authority of a Board of Nine Commissioners, to be elected by
the Synod or Synods of the Presbyterian Church of Canada
in connexion with the Church of Scotland, under such Regula*
tions as shall be from Time to Time established by the
Governor of Canada^ with the Advice of his Executive Council.

VL And be it enacted, That the Share of each of the said How allotted
Churches shall be paid by the Receiver General or other Per- be"paicL '^ ^
son appointed as aforesaid in discharge of any Warrant or
Warrants which shall from Time to Time be issued by the
Governor of the said Province in favour of the Treasurer or
other Officer who shall be respectively appointed to receive
the same by the said Society on behalf of the said Church
of Englandy and by ^ the said Commissioners on behalf of the
said Church of Scotland.

VI I. And be it enacted. That, subject to the foregoing Pro- Application of
visions, the Residue of the said annual Fund shall be applied pun^f"
by the Governor of Canada^ with the Advice of the Executive
Council, for Purposes of Public Worship and Religious Instruc-
tion in Canada.

VIII. And be it enacted. That the Receiver General or Guamtecofthe
other Person appointed as aforesaid to receive the Interest to"Shc°Church *
and Dividends accruing from tlie Investment of the Proceeds of England,
of all Clergy Reserves sold or to be sold shall, on or before *°<* i.58(rf, to
the Fifteenth Day of January in every Year, deliver to the ^^tSid^*"
Governor a Certificate in Writing under his Hand of the net
Amount which in that Year will be applicable to the several
Churches of England and Scotland out of the said Fund under
the Provisions of this Act; and whenever the Sum mentioned
in any such Certificate to be applicable to the Church of
England in Upper Canada shall be less than Seven thousand
seven hundred Pounds, or the Sum mentioned in the Certificate
to be applicable to the Church of Scotland in Upper Canada
shall be less than One thousand five hundred and eighty
Pounds, the Deficiency in each Case shall be made good out
of the Consolidated Fund of the United Kingdom of Great
JBritain and Ireland, and shall be charged thereupon at the
Quarter Day next ensuing the Receipt of such Ceriificate at
the Treasury; and the Lord High Treasurer, or Three or
more Commissioners of Her Majesty's Treasury of the United
Kingdom of Ch'eat Britain and Ireland^ shall be authorized by

their

424

Cap.7&

Clergy Retenei, Canadcu

3 & 4 Vict.

Accounts of
Expenditure to
be rendered to
Governor in
Council.

Summary Re-
medy for Mis-
application of
Monies.

Repeal of Part
ofSl6.3.c.Sl.

their Warrant to direct the Issue of 'the Sums needed to snpplj
such Deficiency in the following Manner ; (that is to say,) such
Sum as shall be needed to supply the Deficiency of the said
Sum of Seven thousand seven hundred Pounds to such Person
or Persons as shall be appointed to receive the same by the
Society for the Propagation of the Gospel in Foreign Parts,
and such Sum as shall be needed to supply the Deficiency of
the said Sum of One thousand five hundred and eighty Pounds
to such Person or Persons as shall be appointed to receive the
same by any Writing under the Hands of any Three or more
of the Commissioners under whose Authority the Share of the
Church of SeaUand is to be expended as aforesaid ; and al
Sums so paid out of the Consolidated Fund shall be severally
applied, under the Authority of the said Society and of the
last-mentioned Commissioners respectively, for the Support and
Maintenance of Public Worship and the Propagation of
Religious Knowledge in each of the said Churches in Canada.

IX. And be it enacted, That Accounts of the Expenditure
of every Sum of Money so to be received out of the said
annual Fund, or out of the Consolidated Fund of the United
Kingdom of Great Britain and Ireland^ by the said Churches
of England and Scotland^ or by any other Religious Body or
Denomination of Christians respectively, under the Authority
of this Act, shall be, on or before the Twentieth Day of July
in each Year, rendered to the Governor of the said Province
in Council; and that until such Accounts shall have been
rendered, and the due and proper Expenditure of the Sum
granted during any preceding Year shall have been established
to the Satisfaction of the Governor of the said Province in
Council, no other or further Sum or Proportion of the said
annual Fund shall be paid or allowed to any or either of the
Churches, Religious Bodies, or Denominations of Christians
failing, neglecting, or refusing to render such Account^ or to
verify the same as aforesaid ; and that Copies of such Accounts
shall annually be laid before the Legislature of the said Pro-
vince.

X. And be it enacted. That whenever there shall appear
to the Governor of the said Province in Council sufiicient
Reason to apprehend that there has been any Misappropriation
or Non-appropriation of any Sum or Sums of Money paid to
any of the said Churches, Religious Bodies, or Denominations
of Christians, out of the said annual Fund, or any Neglect
or Abuse in the Expenditure or. Management of any such Sum
or Sums, upon Direction for that Purpose given by the Gover-
nor, it shall be lawful for the Attorney General to apply sum-
marily, either by Petition or Information, to or in the Court of
Chancery in Upper Canada^ or to any One of the Superior
Courts of Record in Lower Canada^ setting forth the Nature of
the Abuse apprehended, and praying Discovery, and Relief in
the Premises, as the Nature of the Case may require.

XL And be it enacted. That from and after the passing of
this Act, so much of an Act passed in the Thirty-fint Year of

the

1840. Clergy JReterveif Canada. Gap. 78^ 70; 4S5

the Reign of King G€org€ the Third, intituled An Act to repeal
egrtain Ports of an Act passed in the FourteenOt Year of Hii
Majesties ReiffUy intituled < An Act for making more effectual Pro*
*' vision fir ike Government of the Province of Quebec tn North
^ America, and to make farther Provision fir the Oovernment of
* the Province^* as relates to any Reservations of Land hereafter
to be made in Upper Canada or Lower Canada for the Support
and Maintenance of a Protestant Clergy, shall be repealed

XIL And be it enacted. That in this Act the Words ** Pro^ Meaning of
▼ince of Canada *' shall be taken to mean the Province of Canada '^t!°".
as constituted under an Act passed in this Session of Parliament, em^^da ** and
intituled An Act to re-unite the Provinces of Upper and Lower « Ooremor."
Canada, and for the Government o/* Canada; and the Word
** Governor" shall be taken 'to mean and include the Govemorj
Lieutenant Governor, or Person administering the Gkivemment
of the Province of Canadcu

XIIL And be it enacted, That this Act may be amended or Act may be
repealed by any Act to be passed in this Session of Parlia* amendwl, tte.
ment.

CAP. LXXIX.

An Act to amend the Law relating to the Admission
of Attomies and Solicitors to practise in the Courts
of Law and Equity in Ireland. [7th August 1840.]

WHEREAS by an Act passed in the Fifty-fifth Year of t

the Reign of His late Majesty King George the Third,
intituled An Act for repealing the Stamp Duties on Deeds, Law 5S G. s. e.iS4.
Proceedings, and other written or printed Instruments, and the
Duties on Fire Insurances, and on Legacies, and Successions to
Personal Estate upon Intestacies, now payalie in Great Britain^
and for granting other Duties in lieu thereof, and by the Sche*
dule thereto, a certain Duty was made payable upon the
Admission of any Person to act as an Attorney or Solicitor
in any Court in England, and by the said Act any Person
duly admitted so to act in any of the Courts in the said Act
mentioned was exempted, in manner therein mentioned, from
Liability to such Duty upon his subsequent Admission in any
other of the said Courts, or in any inferior Court: And
whereas by an Act passed in the Fifty-sixth Year of the
Reign of His late Majesty King George the Third, intituled
An Act to repeal the several Stamp Duties in Ireland, and also se G. s. c S€m
several Acts fir the Collection and Management of the said Duties ;
and to grant new Stamp Duties in lieu thereof, and to make more
effectual Regulations for collecting, and managing the said Duties,
and by the Schedule thereto, a certain Duty was made payable
upon the Admission of any Person to act as an Attorney in
any Court, but no such Ewmption as aforesaid is contained
in the said last-mentioned Act:' And whereas it is reasonable
that a similar Ekemption to that which prevails respectdng

< Attomies

426

AdmifBion of
an Attorney or
Solicitor into
one Court shall
entitle bim to
Admission into
any other Court
without Pay-
ment of addi*
tional Stamp
Duty.

Act may be
altered, &c*

Cap. 79, 60. Attomies and SoKcUan^ Ireland. 3 & 4 Yicc

< Attomies and Solicitors In England should be made respecting
* Attoiiiies and Solicitors in Ireland .-' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-
rity of the same, That from and after the First Day oUT^imembfT
One thousand eight hundred and forty, where any Person duly
admitted an Attorney in any of Her Majesty's Superior Courts
at jyublin shall be also admitted to act as an Attorney in any
other of the said Courts, or as a SoUcitor in any Court <^
Equity in Ireland^ the latter Admission shall be free of Duty;
and where any Person duly admitted a Solicitor in the Court
of Chancery or Exchequer at Dublin shall be also admitted to
act as a Solicitor in the other of the said Courts, or as an
Attorney in any Court of Law in Ireland^ the latter Admission
shall be free of Duty ; provided such Attorney or Solicitor
shall have paid the proper Stamp Duty on his former Ad-
mission, according to the Laws then in force»

IL And be it enacted. That this Act may be altered or
repealed by any Act to be passed in this present Session of

9 O. 4. c. 7S.

2'&3W.4c.4S.

4&5W.4.C.79.
6&7W.4.C.47.

CAP. LXXX.

An Act to continue until the First Day of March One
thousand eight hundred and forty-five, and from
thence to the End of the then next Session of Par-
liament, the several Acts relating to Insolvent Debtors
in India. [7th Augtcst 1840.]

TI/^HEREAS an Act was passed in the Ninth Year of the
^ ^ Reign of His late Majesty King George the Fourth,
intituled An Act to provide for ihe Relief of Insolvent DAtors
in the E^t Indies imiil the First Day of March One thousand
eight htmdred and thirtg^three : And whereas a certain other
Act was passed in the Second Year of the Reign of His late
Majesty King William the Fourth, intituled y^n Act to continue
vniU the First Dag o/* March One thousand eight hundred and
thirtg^six an Act of the Ninth Year of His late Mqjestgy for the
Belief of Insolvent DAtors in India, whereby the saia first-
mentioned Act was continued in force until the First Day of
March One thousand eight hundred and thirty-six: And
whereas a certain other Act was passed in the Fifth Year of
the Reign of His said late Majesty King William the Fourth,
intituled An Act to amend the Law relating to Insolvent Dditart
in India: And whereas by an Act passed -in the Session
held in the Sixth and Seventh Years of the Reign of His
said late Majesty King William the Fourth, the first-mentioned
Act, as amended by the said last-mentioned Act, was con^
tinned in force until the First Day of March One thousand
eight hundred and thirty^nine, and from thence to the £nd

* of

1840^ Insolvent Debiorsj India. Cap. 80, 81, 82. 427

^ of the then next Session of Parliament ; And whereas it is
' expedient that the said first-mentioned Act, as amended by
' the said Act of the Fifth Year of the Reign of His late
* Majesty King William the Fourth, should be further con-
< tinued :* Be it dierefore enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same. That Acu oontinued
the said Acts of the Ninth Year of the Reign of King George p^^od!^*'*'
the Fourth and the Fifth Year of the Reign of King William
the Fourth shall be and the same are hereby continued until the
First Day of March One thousand eight hundred and forty-five,
and from thence until the End of the then next Session of
Parliament.

CAP. LXXXL

An Act to define the Notices of Elections of Members
to serve in Parliament for Cities, Towns, and Boroughs
in England. [7th August 1840.]

^ T^HEREAS it is expedient to establish the same Form of
* Notice for Elections of Members to serve in Parliament

^ in all Cities, Towns, and Boroughs in England ;' Be it
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
the Authority of the same. That in every City or Town in In Cities,
England being a County of ^itself, and in every Borough, Town Jj^^JS* *^' ?*®
Corporate, Port, or Place in England returning or contributing officer shall
to return a Member or Membera to serve in Parliament, the proceed to
Sheriff or other Officer to whom the Duty of giving such .^^?|*T1TJ*^"
Notice belongs shall proceed to Election within Eight Days after deceiving
after the Receipt of the Writ or Precept, giving Three clear the Writ, giving
Days Notice at least of the Day appointed for the Election, ^^^^
exdnsive of both the Day of Proclamation and the Day appointed ^* "'
for the Election.

IL And be it enacted. That this Act may be^ amended or Act may be
repealed by any Act to be passed in this Session of Parliament amended, &c.

CAP. LXXXIL

An Act for further amending the Act for abolishing
Arrest on Mesne Process in Civil Actions.

[7th August 1840.]

' \I/^H£REAS by an Act passed in the Second Year of the

* Reign of Her Majesty, intituled An Act for abolishing l & s Vieu

• Arresi on Mesne Process in CivU Actions^ exceptin certain Cases ; «• no-

[No, 2a Price 2(/.] E e ^ for

428 Cap. 82. Imprisonment Jbr Debt Act Amendment S & 4 Vicr.

for extending ihe JRemedies of Creditor$ againxt Ae Property of
Debtors ; and for amending the Lotos for the Relirf qflnsoheat
Debtors in England, it was amongst other thin^ enacted,
that if any Person against whom any Judgment should have
been entered up in any of Her Majesty's ouperior Courts at
Westminster should have any Government Stock, Funds, or
Annuities, or any Stock or Shares of or in any public Com-
pany in England (whether incorporated or not), standing in
his Name in his own Right, or in the Name of any Person in
Trust for him, it should be lawful for a Judge of one of the
Superior Courts, on the Application of any Judgment Creditor,
to order that such Stock, Funds, Annuities, or Shares, or
such of them, or such Part thereof respectively, as he should
think fit, should stand charged with the Payment of the
Amount for which Judgment should have been so recovered,
and Interest thereon, and such Order should entide the
Judgment Creditor to all such Remedies as he would have
been entitled to if such Charge had been made in his Favour
by the Judgment Debtor ; provided that no Proceedings should
be taken to have the Benefit of such Charge until after the
Expiration of Six Calendar Months from Uie Date of such
Order : And whereas Doubts have been entertained whether
the said Provisions extend to the Cases herein-after men-
tioned:' Now therefore be it declared and enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commonsy
in this present Parliament assembled, and by the Authority of
the same, That the aforesaid Provisions of the said Act shall be
t P It of ^^°*^^ ^^^ taken to extend to the Interest of any Judgment
Judgment ^ ** Debtor, whether in Possession, Remainder, or Reversion) and
Debtors defined whether vested or contingent, as well in any such Stocksi Funds,
and extended. Annuities, Or Shares as aforesaid as also in the Dividends,

Interest, or annual Produce of any such Stock, Funds, Annui-
ties, or Shares; and whenever any such Judgment Debtor shall
have any Estate, Right, Title, or Interest, vested or contingent,
in Possession, Remainder, or Reversion, in, to, or out of any
such Stocks, Funds, Annuities, or Shares as aforesaid which
now are or shall hereafter be standing in the Name of the
Accountant General of the Court of Chancery, or the Accountant
General of the Court of Exchequer, or in^ to, or out of the
Dividends, Interest, or annual Produce thereof, it shall be
lawful for such Judge to make any Order as to such Stock,
Funds, Annuities, or Shares, or the Interest, Dividends, or
annual Produce thereof, in the same Way as if the same had
been standing in the Name of a Trustee of such Judgment
Debtor : Provided always, that no Order of any Judge as to
any Stock, Funds, Annuities, or Shares standing in the Name
of the Accountant General of the Court of Chancery or the
Accountant General of the Court of Exchequer, or as to the
Interest, Dividends, or annual Produce thereof, shall prevent the
Governor and Company of the Bank of Engldnd, or any public
Company, from permitting any Transfer of such Stocks, Funds,

Annuities,

FroTisions of
recited Act as

1840. Impmonment fir Debt Act Amendment Cap. 82, 63. 4S9

AnnnitieS) or Shares, or Payment of th^ Interest, Dividends,
of annual Produce thereof, in such Manner as the Court of
Chancery or the pourt of Exchequer respectively may direct^
or shall have any greater Effect than if such Debtor had
ehftfged such Stock, Funds, Annuities, or* Shares, or the
Interest, Dividends, or annual Produce thereof, in favour of the
Judgment Creditor, with the Amount of the Sum to be men^
tioned in any such Order.
II. < And whereas it was by the said Act further Enacted, No iuigmmt,
that no Judgment of any of the Superior Courts of Common 2fe^^R^ ^
Law at Westminster^ nor any Decree or Order in any Court Estate, imtU
of Equity, nor any Rule of a Court of Common Law, nor any Memonmdum
Order in Bankruptcy or Lunacy, should by virtue of the said a^j^'Ji^lLr
Act affect any Lands, Tenements, or Hereditaments, as to of the Commoii
Purchasers, Mortgagees, or Creditors, unless and until sudi P1m«.
a Memorandum or Minute as therein mentioned should be
left with the Senior Master of the Court of Common Pleas at
Westminster : And whereas Doubts have been entertained
whether a Purchaser, Mortgage^ or Creditor, having Notice
of any such Judgment, Decree, Order, or Rule as aforesaid,
would not iti Equity be affected thereby^ notwithstanding
such a Memorandum or Minute of the same as in the said
Act is mentioned may not have been left with the Senior
Master of the said Court of Common Pleas ;' be it therefore
farther declared and enacted, That no such Judgment, Decree,
Order^ or Rule as aforesaid shall by virtue of the said Act affect
any Lands, Tenements, or Hereditaments^ at Law or in, Equity,
as to Purchasers, Mortgagees, or Creditors^ unless and until
such a Memorandum or Minute as in the said Act in that
Behalf mentioned shall have been left with the Senior Master
of the said Court of Common Pleas at' Westminster i any Notice
tif any such Judgment, Decree, Order, or Rule to any such
Purchaser, Mortgagee, or Creditor in anywise notwithstanding.

CAP. LXXXIIL

An Act to continue, until the First Day of Januafy ^^P^S^
One thousand eight hundred and forty-three, an Act
of the last Session of Parliament, for amending and
extending the Provisions of an Act of the First Year
of Her present Majesty, for exempting certain Bills
of Exchange and Promissory Notes from the Operation
of the Laws relating to Usury. [7th August 1840.]

«

^ Tl^THEREAS an Act was passed in the Second and Third

* Years of Her present Majesty, intituled An Act to amende 2&sVict c S7.

* and extend until the First Day of January One thousand ewht

* hundred and forty-two, die Provisums of an Act ofAe First Year

* cf Met present Mcgesty^ for exempting certain BiUs of Exchange

* and Promissory Notes from the Operation of the Lawi tdating

E e 2 * to

430 ' Cap. 839 84. Bills of Exchange Act Continuance. 3&4Vict.

* to Usury : And whereas the Duration of the said recited Act

* was limited to the First Day of Januari/ One thousand
^ eight hundred and forty-two, and it is expedient that the

* same should be continued for a longer Period :' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the

Recited Act Authority of the same. That the said recited Act shall be con*

irt Ja^lsSf ^^""^^ ^"^^^ ^^® ^^^^ ^^ January One thousand eight hmidred

and forty-three.

S&SVict.c.47.

Repetlof.

S&SVIcte.47.

■8.75,76.

Queen in
Council may
constitute Po-
lice Court Di-
Tirions, and
define and alter
their Extent
and Niffiiber.

CAP. LXXXIV.

An Act for better defining the Powers of Justices
within the Metropolitan Police District

[7th August 1840.]

T/y HERE AS by an Act passed in the last Session of Par-
liament, intituled An Act for further impromny the Pdke
in and near the Metropolis^ it is among other things enacted,
that in the C!onstruction of that Act the Word <* Magistrate "
shall be taken to include every Justice of the Peace acting
in and for any Part of the Metropolitan Police District for
which no Police Court shall be established, and that if any
Offence against that Act shall have been committed or the
Offender apprehended in any Part of the Metropolitan Police
District for which no Police C!ourt shall be established ds
aforesaid, the Matter of such Complaint may be also heard
and determined by any Two or more Justices acting in and
for the County in which the Offence was committed or the
Offender apprehended ; and it is expedient that the Meaning
of these Enactments be more clearly expressed, and that
further Provision be made for defining the Divisions for which
Police Courts are established within the Metropolitan Police
District .** Be it enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assem-
bled, and by the Authority of the same, That so much of the
said Act as is herein-before recited shall be repealed.

IL And be it enacted. That it shall be lawful for Her Ma-
jesty, with the Advice of Her Privy Council, from Time to
Time to constitute within the Metropolitan Police District so
many Police Court Divisions as to Her Majesty shall seem fit,
and to define the Extent thereof, and from Time to Time to
alter the Number and Extent of such Police Court Divisions,
and to assign a Division to each of the Police Courts already
established, and to establish a Police Court for each of the
other Divisions: Provided always, that nothing in this Act
contained shall be construed to restrain the Police Magistrates
appointed to the said Courts from acting in all Places within the
Limits of their Commissions as fully in all respects as if this Act

had

1840. Metropolitan Police Courts. Cap. 84. 481

had not been made; and be it further provided, that there Limiting
shall not be more than Twenty-seven Magistrates appointed to Nmniw ^^
execute the Duties of Justices of the Peace at the said Courts. J*"8»»«»-

III. * And whereas by an Act passed in the last Session of So much of

* Parliament, intituled An Act for regutating the PoUce Courts ^"^*^J^*'

* in Ae Metropolis^ it is provided, that One of the Magistrates daUj^Atten- ^

* appointed to the said Courts shdl attend on every Day (except dance of a

* as therein excepted) at each of the Police Courts established or E^jfL^u!?^

* to be estabh'shed within the Metropolitan Police District : And courts to apply

* whereas the Business of a Police Court in the outer Parts of only to those

' the Metropolitan Police District will not require the daily At- ^^^^J^^^
^ tendance of One of the said Magistrates;' be it enacted. That
80 much of the last-recited Act as requires the daily Attend-
ance of One of the said Magistrates at each of the said Courts
shall be taken to apply only to the Police Courts now estab-
lished in Bow Street, and in the Parishes of Saint Margaret
Westminster^ Saint James JVestminstery Saint Mary-Mnme^ Saint
Andrew Holbom, Saint Leonard Shoreditchy Saint Mary White'
chapely and Saint John of Wapping^ in the County of Middlesex^
and Saint Saviour in the County of Siarreg^ and shall continue to
apply to the said Courts, wheresoever they may from Time to
Time be faolden or removed to within the Metropolitan Police
District.

IV. And be it enacted. That it shall be lawful for Her Ma- Police Magis-
jesty, if She shall think fit, with the Advice of Her Privy J^*^;^ ^
Council, to order that a Police ^Magistrate or Magistrates attend at other
shall attend regularly at any Police Court or Courts hereafter Courts.

to be established, either daily or on such Days and Times as
Her Majesty, by the Advice aforesaid, shall order ; and it shall
be lawful for Her Majesty, from Time to Time, with the Advice
aforesaid, to alter or rescind any such Order.

V. And be it enacted, That every Order in Council, either Orders in
for constituting or alter ing a Police Court Division, or for p2JJiS,edin
assigning a Division to the Police Courts already established, or Uie Gaxette.
for establishing or removing a Police Court, or for ordering

the regular Attendance of a Police Magistrate or Magistrates

at any Police Court or Courts, or for altering or rescinding any

such Order, shall be published in the fjondon Gazette^ and shall

take effect from the Time appointed for that Purpose by the _

said Order.

VI. And be it enacted. That any Two Justices of the Peace Any Two Jus-
having Jurisdiction within the Metropolitan Police District shall ^!jS^^^
have, while sitting together publicly in the Court or Room used thority of a
for holding Special or Petty Sessions of the Peace in any Part of I*olice Magis-
the said District within the Limits of their Commission, except *'***^'

in the Divisions to be assigned to the Police Courts already
established^ and any Two Justices of the Peace for the City .
of London and the Liberties thereof, having Jurisdiction within
the City of London and the Liberties thereof, shall within the
said City of London and the Liberties thereof have all the Powers,
Privileges, and Duties which any One Magistrate of the said
Police Courts has while sitting in one of the said Courts by

£e 3 the

482

Cap, 84.

MetropoUtm

8&4VICT.

AppUflRtiim of
redted Act u
to the Employ-
ment of Clorki.

Form of Ro-
cognJMnce,
Informmtion,
and ConTiction.

Extension of
Power to en-
laige Prisoners
on Reoogiu<r

MiUtia Bal-
lotting Lists to
be made out by
Police Consta-
bles.

the Two recited Acts of the last Session of Parliaoaent or
^tber of them : Proyided alway^^ that whenever a new Police
Court shall have been established within the Metropolitan Police
District} and a Division assigned to such Court as aforesaid,
9uch Justices shall not act in that Divisiout in the Execution of
the Two said Acts or either of them, elsewhere than at such
Court ; and that at every Police Court at which the regular
Attendance of a Police Magistrate shall have been ordered by
Hex Majesty as herein-before provided the Police Magistrate
while present in such Court shall act as the sole Magistrate
thereof

VII. And be it enactedt That so much of the last*recited
Act as provide^} that no Clerk in any of the Police Courts
shall hold or have any other Office or IJmploypient what-
soever, except as therein excepted, shall be taken tp apply
only to the Police Courts now established.

vIII, And be it declared and enacted, That every Recof^
nizance taken at an^ Station Hovme of the MetrofX)litan
Police Force situated in a Division in which a Police Magistrate
Is not in daily Attendance shall be conditioned for the Ap-
pearance of the Person thereby bound before the M^strate
or Justices acting in t^e Division, at his or their next Sitting ;
and every such Recognizance shall be returned to the Magis*
trate or Justices present at the Time and* Place where the
Party is bound to appear ; and when the Information is laid or
the Conviotion had before Two Justices the Forms given in
the Schedule annexed to this Act may be used instead of the
Forms of Information and Conviction provided by the last
recited Act.

IX* And be it enacted. That whenever any Person shall
be charged before any Police Magistrate or before any Two
Justices, at any Police Court withm the Metropolitan Police
District, with any Felony or Misdemeanor for which he is liable
to be committed to take his Trial at the Assizes to be holden
for any of the Counties of Euej:^ Hertfordf Kent^ or Surrey^ it
shall be lawful for such Police Magistrate or for such Justices,
if he or they respectively shall think fit, to suffer such Person
to ^o at large upon a Recognizance conditioned for surrender-
ing nimself to take his Trial at such Assizes, in like Manner as
such Recognizance may be taken for his Surrender to take his
Trial at the Central Criminal Court, in Cases where he is liable
to be committed for Trial at the Central Criminal Court ; and
eveiT such Recognizance shall be within all tlie Provisions of
the last-recited Act relating to Recognizances for surrendering
to be tried at the Central Criminal Court;

X. And be it enacted, That after the passing of this Act
all Proceedings within the Metropolitan Police District relating
to the serving of Notices, and the procuring and making out
of the Returns of the Persons liable to serve in the Militia, and
the preparing and making out of the Lists of the Persons
liable to be ballotted for the Militia, and all other Things, by
an Act pass^ ui the Forty-second Ye^r pf the Reign of King

Qeorye

1840. MetropcUtan Police Cknais. Cap. 84. 433

Qmnye the Third, intituled An Ad for amending the Laws re^ 4sO.3.c.90.
laimg to the Militia in England, and for augmenting the Militia^
or by any other Act relating to the Militia, directed to be
done by the High and other Constables for the Time being,
shall be done within the said District by the Constables of the
Metropolitan Police Force, or^ by such of them as shall be from
Time to Time specially appointed for that Purpose by the Com-
missioners of Police.

XL And be it enacted, That any Person who shall obtain Penalty for
any Sum of Money or other Reward from any Person within ^•"n»ng
the Metropolitan Police District by threatening directly or th^tening
indirectly to lodge any Information or make any Complaint information.
before any Magistrate^ Justice or Justices, for any Misdemeanor,
or as an Inducement for forbearing to lay such Information
or make such Complaint, shall, on Conviction of the Offence
before One of the Police Magistrates, or before any Two Jus-
tices of the Peace, either by his own Confession or by the
Oath of any credible Witness, be liable to a Penalty not more
than Ten rounds.

XII. And be it enacted. That all Persons who may think Appeal to the
themselves aggrieved by any Presentment or Proceeding of any Police Magis-
Leet Jury or Court Leet for any Hundred or Manor within SJl^edi^ at
the Metropolitan Police District, or of any Person or Persons the Leet con-
appointed at any such Court Leet, with respect to examining cerningWeights

!• •• 1 !• J,* TtT • 1 and Measures.

or regulatmg, seizing, breaking, or destroying, any Weights,
Balances, or Measures, may, within Fourteen Days next after
such Presentment or Proceeding, appeal to any One of the
Magistrates of the Metropolitan Police Courts, first giving Seven
Days Notice in Writing of such Intention to appeal, and of
the Grounds and Nature thereof, to the Steward of the Court,
or to such other Party against whom the Complaint is intended
to be made^ and forthwith after such Notice entering into a
Recognizance before One of the said Magistrates, conditioned
to try the Appeal, and abide the Order and Award of the
Court thereon ; and the Magistrate attending at the Court to
which the Appeal shall be brought shall appoint a Time for
the Hearing of such Appeal ; and the Magistrate by whom the
Appeal shall be heard may, if he see Cause, mitigate any Penalty
Qir Forfeiture, and may order any Money to be returned which
Toaj have been levied in pursuance of such Presentment or
Proceeding, and also any further Satisfaction to be made to the
Party injured as he shall judge reasonable^ and also Costs to
be paid to the Party aggrieved, the said Satisfaction and Costs
to be paid by the Steward of the said Court out of the first
Monies coming to hi& Hands, being the Produce of any Fines
imposed by the Leet Jury; and it shall not be lawful to distrain
or proceed in any Manner for the Recovery of any Fine or
Amerciament imposed by any such Court Leet, or assessed by
any such Jury, against which Notice of such Appeal shall have
been given, until after the Judgment or Order of the Magis-
trate upon the Appeal, and then only for so much as shall be
allowed upon such Appeal

E e 4 XIIL And

434 Cap. 84 Metropolitan Police Courts. 3 & 4 Vicr.

Giving Posses* XIII. And be it enacted. That after the passing of this Act
sicn of deserted ^ope of the Police Magistrates within the Metropolitan Police
remises. District shall be required to go upon any deserted Lands,

Tenements, or Hereditaments, for the Purpose of viewing the
same or affixing any Notices tbereon, or of putting the Land-
lord or Landlords, Lessor or Lessors into the Possession thereof,
under the Provisions of an Act passed in the Eleventh Year
11 G. 2. C.19. of the Reign of King George the Second, intituled An Act for

the more effectual securing the Payment of Ments, and preventing
61 G. 3. c. 52. Frauds by Tenants^ or of an Act passed in the Fifty-seventh

Year of the Reign of King George the Third, for altering the
last-recited Act, but that in every Case within the Metropolitan
Police District, in which by the said Acts or either of them
Two Justices are authorized to put the Landlord or Lessor
into the Possession of such deserted Premises, it shall be lawful
for One of the Police Magistrates, upon the Request of the
Lessor or Landlord, or his or her Bailiff or Receiver, made in
open Court, and upon Proof given to the Satisfaction of sueh
Magistrate of the Arrear of Rent and Desertion of the Premises
by the Tenant as aforesaid, to issue his Warrant, directed to
One of the Constables of the Metropolitan Police Force, re-
quiring him to go upon and view the Premises, and to affix
thereon the like Notices as under the said Acts or either of
them are required to be affixed by Two Justices of the Peace;
and upon the Return of the Warrant, and upon Proof being
given to the Satisfaction of the Magistrate before whom the
Warrant shall be returned that it has been duly executed, and
that neither the Tenant nor any Person on his or her Behalf
has appeared and paid the Rent in arrear, and that there is not
sufficient Distress upon the Premises, it shall be lawful for such
Magistrate to issue his Warrant to a Constable of the Metro*
politan Police Force, requiring him to put the Landlord or
Lessor into the Possession of the Premises; and every Constable
to whom any such Warrant shall be directed shall duly execute
and return the same, subject to the Provisions contained in an
Act passed in the last Session of Parliament, intituled An Act
3 let C.47. j^ ^rther improving the Police in and near the Metropolis, as to
the Execution of Warrants directed to Constables of die Metro-
politan Police Force ; and upon the Execution of such Second
Warrant the Lease of the Premises to such Tenant, as to any
Demise therein contained only, shall thenceforth be void.
Horse and Foot XIV. And be it declared and enacted. That the Men belong-
Patrol and jjjg ^q (j^^ Horse and Foot Patrol formerly acting under the
declared within Authority of the Chief Magistrate of the Public Office in Bow
the Provision Street, OT to the Thames Police, but now belonging to the Metro-
atLn^Ainlr""" politan Police Force, shall be entided, when completely disabled
ances. ' hy bodily Injury or worn out by Length of Service, to receive

such Superannuation Allowances as shall be directed by One

of Her Majesty's Principal* Secretaries of State, which Allowances

shall be paid out of the Sums which, by an Act passed in the

2&3Vict. c. 47. last Session of Parliament, intituled An Act for further improving

the Police in and near the Metropolis, are authpnzed to be issued

out

1840. Metropolitan Police Courts. Cap. 84, 85. 435

out of the Consolidated Fund for the Payment of Superannuation
Allowances to the Surveyors and Constables therein specified*

XV. And be it enacted, That any Two Justices of the Peace London Ju»-
for the City of London and the Liberties tfiereof, having Juris- ^ p^^J*
diction within the City of London and the Liberties thereof, u Metropolitan
shall, within the said City of London and the Liberties thereof, Justices,
have all the Powers, Privileges, and Duties which any Two
Justices of the Peace having Jurisdiction within the Metro-
politan Police District have within the Metropolitan Police
District by virtue of this Act.

XVL And be it enacted. That this Act may be amended or -^^t may b«
repealed by any Act to be passed in this Session of Parlia* *°'*° *'
ment.

SCHEDULE.

Form of Information.

Metropolitan ^ BE it remembered. That A. B. of
Police District > in the of cometh on

to wit. J the Day of in the Year

of our Lord before us, J. P. and K. Z^, Two

of Her Majesty's Justices of the Peace for the
of sitting at the Police Court [or at the Petty

Sessions Court, as &e Case may if,] at within

the Metropolitan Police District, and giveth us to' understand
and be informed that C Z). hath been guilty of [here describe the
Offence^

Form of Conviction.

Metro|x>litan \ BE it remembered. That on the
PoiioB Outrict > Day of in the Year of our Lord

to wit J , C D. is brought before us,

«/. P. and K. i.. Two of Her Majesty's Justices of the Peace for
the of sitting at the Police

Court [or at the Petty Sessions Court, as t/ie Case may /ie], at

within the Metropolitan Police District, and
is chained before us with having [here describe the Offence"] ; and
it appearing to us, on the Confession of the said C. Z>. [or upon
the Oath of a credible Witness, as the Case may k,] that the said
C, 2>. is guilty of the said Offence, we do hereby adjudge the
said C Z). [here insert the Adjudication]. Given under our Hands
on the Day ^d Year first mentioned.

An Act for the Regulation of Chimney Sweepers and //^^^^M^A,
Chimneys. [7th August 1840.]

* \^HEREAS an Act was passed in the Fifth Year of the

* Reign of His late Majesty, intituled An Act for the belter 4ft 5W. 4. c.35,

* Itepdatwn of Chimney Sweepers and their ApprenticeSf and fir

« the

/

480

Cap. 85.

QiimMy Swe^pen,

3 & 4 Vict,

Continuance of
4&5W.4.C.35.

Penalty for
compelUng or
allowing Chil-
dren to climb
Chimneys.

No Child under
Sixteen Yean •
to be appren-
ticed to a
Chimney
Sweeper.

Apprentices
may apply to be
discharged.

Indentures of
Children under
16 Years to
cease afler
1st July 1842.

Regulatitag
Construction of
Chimneys.

* &u nafir CofMruatian of Chimniy$ and Uuei, to continue in

< force until the First Day of January in the Year One tbou^
^ sand eight hundred and forty, and from thence until the End

* of the then next Session of Parliament;' be it enacted by the
Queen's roost Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled^ and by the Authority of
the same^ That the said Act shall continue and remain in full
Force until the First Day of July in the Year One thousand
eight hundred and forty-two.

IL And bo it enacted, That from and after the First Day of
July in the Year One thousand eight hundred and forty-two,
any Person who shall compel or knowingly allow any Child or
young Person under the Age of Twenty-one Years to ascend or
descend a Chimney, or enter a Flue, for the Purpose of sweep-
ing, cleaning, or coring the same, or for extinguishing Fire
therein, shall be liable to a Penalty not more than Ten Pounds
or less than Five Pounds.

III. And be it enacted, That from and after the passing of
this Act it shall not be lawful to apprentice to any Person using
the Trade or Business of a Chimney Sweeper any Child under
the Age of Sixteen Years, and that every Indenture of such
Apprenticeship which may be entered into after such Date shall
be null and void.

IV. And be it enacted, That upon the Applieation of any
Child apprenticed to any Person using the^ Tiade or Business
of a Chimney Sweeper, at any Time alter the First Day of July
One thousand eight hundred and forty-one and previously to
the First Day of July One thousand eight hundred and for^-
two, to any Justice of the Peace having Jurisdiction where
the Master or Mistress of such Child sh^l reside, it shall* be
la^ul for such Justice to summon such Master or Mistress to
appear, at a reasonable Time to be named in the Summons, not
being sooner than Seven Days from the Time of granting the
Summons, before any Two Justices having Jurisdiction as aibre-
said ; and upon Proof made upon Oath, to the Satisfaction of
the Justices by whom the Case shall be heard, that such Ap-
prentice is desirous of being discharged from his or her
Apprenticeship, it shall be lawiul for such Justices forthwith to
discharge such Apprentice by Warrant under their Hands and
Seals, for which Warrant no Fees shall be paid ; and no Writ
of Certiorari or other Process shall issue to remove any Pro-
ceedings imder this Enactment into any of Her Majesty's
Superior Courts of Record in England or Ireland, or into tiie
Court of Session in Scotland*

V. And be it enacted, That from and after the First Day of
Jidy One thousand eight hundred and forty-two all existing
Indentures of Apprenticeship to the Trade or Business of a
Chimney Sweeper of any Child who shall then be under the
Age of Sixteen Years shall be null and void.

VI. * And whereas it is expedient, for the better Security

< from Accidents by Fire or otherwise, the improved Con-

< struction

1840. Ckinmeif Shopepm: Cap, 83. 487

^ stniction o£ Chimneys and Flues provided by the said Act be
< coQtinued;' be it enaotedt That all Withs and Partitions
between any Chimney or Flue which at any Time after the
passing of this Act shall be built or rebuilt shall be of Brick
or Stonoi and at least equal to Haifa Brick in Thickness; and
^very Breastr-back and With or Partition, of any Chimney or
Flue hereafter to be built or rebuilt shall be built of sound
Materialsi ^nd the Joints of the Work well filled in with good -
Mortar or Cement, and rendered or stuccoed within; and
also that every Chimney or Flue hereafter to be built or rebuilt
in any Wall, or of greater Length than Four Feet out of the
Wall, not being a circular Chimney or Flue, Twelve Inches
in Diameter, shall be in every Section of the same not less than
Fourteen Inches by Nine Inches; and no Chimney or Flue
shall be constructed with any Angle therein which shall be less
obtuse than an Angle of One hundred and twenty Degrees,
except as is herein*after excepted; and every salient or pro*
jecting Angle in any Chimney or Flue shall be rounded off
Four Inches at the least, upon pain of Forfeiture, by every
Master Builder oi^ other Master Workman who shall make or
cause to be made such Chimney or Flue, of any Sum of not
less than Ten Pounds nor exceeding Fifty Pounds : Provided
nevertheless, that notwithstanding this Act Chimneys or Flues
may be built at Angles with each other of Ninety Degrees and
more, such Chimnevs or Flues having therein proper Doors or
Openings not less than Six Inches square.

VIL And be it enacted, That all Convictions fbr Penalties Before whom
for any Offence against this Act may be had before Two or ^"^f*/*"^
more Justices of Uie Peace acting for the County, Riding, ™^^
Ci^, Borough, Division, or Place where the Offence shall
happen, or before the Sheriff or Stewart of any County or
Stewartry in Scotland ; and such Penalties, and the Costs and Penalties how
Charges attending the Recovery thereof, shall be levied by ^ ^^^^'^ ""^
Distress and Sale of the Goods and Chattels of the Offender or ^^^ ^
Person liable or ordered to pay the same respectively, by
Warrant under the Hands and Seals of Two or more of the
said Justices, or under the Hand of any such Sheriff or
Stewurt, rendering the Overplus of such Distress and Sale (if
any) to the Party or Parties, after deducting the Charge of
making the same, which Warrant such Justices or Sherifft or
Stewarts are hereby empowered and required to grant, upon
Conviction of the Offender by Confession, or Oath of One or
more credible Witness or Witnesses ; and the Penalties, Costs,
aad Charges, when so levied, shall be paid, the one Half to the
Inforoieri and the other Half to the Overseers or Managers of
the Poor of the Parish, ^Township, or Place where the Offender
shall 4well and inhabit, to be by such Overseers or Managers
applied in aid of the Rate or Assessment raised for the Relief
of the Poor of such Parish, Township, or Place, and in Scotland^
in PfMi^hes where there shall be no Assessment for the Relief
of the Poor, as the said Managers shall direct, or to Her
J^jeaty in oase there shall be no such Overseer of Manager.

Vm. And

436 Cap. 85. Chinmey^Sweepers. 3 & 4 Vicr.

In default of VIII. And be it enacted, That the Justices of the Peace tx
Payment of Sherifis OF Stewarts by whom any Person shall be convicted
Partfes^cOT-' *"^^ adjudged to pay any Sum of Money for any Offence against
victed to be this Act may adjudge that such Person shall pay the same^
sent to Prison, together with CostSy either immediately or within such Period

as the said Justices shall think fit; and that in default of Pay>-
ment at the Time appointed such Person shall be imprisoned in
the Common Gaol or House of Correction (with or without
hard Labour), as to the said Justices or Sherifis or Stewarts
shall seem meet, for any Time not exceeding Two Calendar
Months ; the Commitment to be determinable upon Payment of
the Amount of the Penalty and Costs.
Inhabitants not IX. And be it enacted, That no Inhabitant of any Parish,
WiTJS^ by Township, or Place shall be deemed an incompetent Witness
reason of paying in any Suit, Action, Information, Complaint, Appeal, Prose-
Rates, cution, or Proceeding to be had, made, prosecuted, or carried

on under the Authority of this Act, for any Ofience committed
within such Parish, Township, or Place, by reason of such
Person being rated or assessed to, or liable to be rated or
assessed to^ or being otherwise interested in, the Rates or As-
sessments of any sucn Parish, Township, or Place.
Distress not to X. And be it enacted, That where any Distress shall be
^unlawful for made for any Sum or Sums of Money to be levied by virtue

of this Act the Distress itself shall not be deemed unlawful, nor
the Party or Parties making the same be deemed a Trespasser
or Trespassers, on account of any Default or Want of Form in
any Proceedings relating thereto, nor shall the Partv or Far-
ties distraining be deemed a Trespasser or Trespassers from the
beginning on account of any Irregularity which shall be after-
wards done by the Party or Parties distraining, but the Person
or Persons aggrieved by such Irregularity may recover foil
Satisfaction for the special Damage in an Action on the Case^
to be brought in some of the Courts of Record at Wedmmster
or Dttblinj or by Action raised or Complaint preferred in
Amends?^ the Court of Session in Scotland: Provided always, that no

Plaintiff or Plaintiift shall recover in any Action for any such
Irregularity, Trespass, or wrongful Proceeding if Tender of
sufficient Amends for any such special Damage shall be made
by or on behalf of the Party or Parties who shall have com-
mitted or caused to have been committed any such Irregularity
or wrongful Proceeding before such Action or Complaint
brought ; and in case no such Tender shall have been made
it shall be lawful for the Defendant or Defendants in any such
Action, by Leave of the Court where such Action shall depend,
at any Time before Issue joined, to pay into Court such Sum
of Money as he or they shall see fit, whereupon such Proceed-
ings or Orders and Judgments shall be had, made, and given
in and by such Court as in other Actions where the Defen-
dant is allowed to pay Money into Court.
Appeal. XI. And be it enacted. That any Person who shall think

himself or herself aggrieved by any Conviction by any Justice
or Justices of the Peace under this Act may appeal to the

next

1840. Chinmey Sfjoeepers. Cap.859 86. ^^

next Court of General or Quarter Sessions of the Peace
which shall be holden not less than Twelve Days afler the Day
of such Conviction, for the County, Stewartry, Riding, City,
Borough, Division, or Place wherein the Cause of Complaint
shall have arisen ; provided that such Person shall give to the
Complainant a Notice in Writing of such Appeal, and of the
Cause and Matter thereof, within Three Days after such
Conviction, and Seven^clear Days at the least before such Ses-
sion, and shall also either remain in Custody until the Session
or enter into a Recognizance, with Two sufficient Sureties, be-
fore a Justice of the Peace, conditioned personally to appear
at the said Session of the Peace, and to try such Appeal, and to
abide the Judgment of the Court thereupon, and to pay such
Costs as shall be by the Court awarded ; and upon such Notice
being given, and such Recognizance being entered into, the
Justice before whom the same shall be entered into shall
liberate such Person, if in Custody, and the Court at such
Session shall hear and determine the Matter of the Appeal, and
shall make such Order therein^ with or without Costs to either
Party» as to the Court shall seem meet, and in case of the
Dismissal of the Appeal or Affirmance of the Conviction shall
order and adjudge the Offender to be punished according to
the Conviction, and to pay such Costs as shall be awarded,
and shall, if necessary, issue Process for enforcing such Judg-
ment ; and all Judgments, Determinations, and Proceedings of
such Justices not appealed from as aforesaid, and of such
Sheriff or Stewart or Quarter Sessions, shall be final, and ,not
subject to Review by any Process of Law or Court whatever,
any I^w or Usage to the contrary notwithstanding.

XII. And be it enacted. That no Conviction or Adjudi- ConTiction not
cation made on Appeal therefrom shall be quashed for Want for^WanToT*
of Form, or be removed by Certiorari or otherwise into any Form,
of Her Majesty's Superior Courts of Record ; and no Warrant
of Commitment shall be held void by reason of any Defect
therein, provided it be therein alleged that the Party has been
convicted, and there be a good and valid Conviction to sustain
the same.

XIIL And be it enacted, That this Act may be amended Act may be
or repealed by any Act to be passed in this Session of Parlia- «°«>d«'' *«•
ment

CAP. LXXXVI.

An Act for better enforcing Church Discipline.

[7th Avgust 1840.]

< TX^HEREAS the Manner of proceeding in Causes for the
* *" Correction of Clerks requires Amendment:' Be it
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,'
and Commons, in this present Parliament assembled, and by

the

440

Repeal of
1 H. 7. c. 4.

Cap. 86<

Church Discipline.

38c 4 Vict.

Definition of
the Terms
« Preferment/*
" Bishop,"
" Archbishop,"
and *' Diocese.**

1 & 2 Vict,
c. 106.

Bishop may
issue a Cotn-
mission of

Inquiry.

Notice to be

previously

given.

Proceedings of
the Commis-
■ionera.

the Authority of the same^ Tli^t an Act passed in th^ First
Year of the Reign of King Henty the Seventh^ intituled An
Act for Bishops to punish Priests and other Religious Men fir
dishonest Lives^ shall be repealed.

11. And be it enacted, That unless it shall otherwisi^ appear
from the Context, the Term " Preferment,** when used irt
this Act, shall be constnled to comprehend every Deanery,
Archdeaconry, Prebend, Canonr}', Office of Minor Caiton,
Priest Vicar, or Vicar Choral in Holy Orders, and every Pre-
centorship, Treasuretship, Sab-Deltnery, Chancellorship of the
Church, and other Dignity and Office in aidy Cathedrfed or
Collegiate Church, and every Mastership, Wardenship, und
Fellowship in any Collegiate Church, and all Benefices with
Cure of Souls, comprehending therein all Parishes, Perpetual
Curacies, Donatives, endowed Public Chapels, Pardchial Cha^
pelries, and Chapelries or Districts belonging to or reputed
to belong, or annexed or reputed to be annexed, to any
Church or Chapel, and every Curacy, Lectureship, Readership,
Chaplaincy, Office, or Place which requires the Discbarge of
any Spiritual Duty, and whether the same be or be not Within
any exempt or peculiar Jurisdiction ; and- the Word "Bishop,"
when used in this Act, shall be construed to comprehend
" Archbishop ;" and the Word " Diocese," when used in this
Act, shall be construed to comprehend h\l Places tb which
the Jurisdiction of any Bishop extends under and for the
Purposes of an Act passed in the Second Year of the Reign
of Her present Majesty, intituled An Act to abridge the holdh^
of Benefices in Plurality^ and to make better Provision fir the
Residence of the Clergy.

HI. And be it enacted, That in every Case of any Clerk
in Holy Orders of the United Church of England and Irdcad
who may be charged with any Offence against the Laws
Ecclesiastical, or concerning whom there may exist Scandal
or evil Report as having offended against the said Laws,
it shall be lawful for the Bishop of the Diocese within which
the Ofience is alleged or reported to have been committ^ on
the Application of any Party complaining thereof, or if he
shall think fit of his own mere Motion, to issue a Com-
mission under his Hand and Seal to Five Persons, of whom
One shall be his Vicar General, or an Archdeacon or Rural
Dean within the Diocese, for the Purpose of making Inquiry
as to the Grounds of such Charge or Report : JProvided
always, that Notice of the Intention to issue such Commission
under the Hand of the Bishop, containing an Intimation of the
Nature of the Offence, together with the Names, Addition,
and Residence of the Party on whose Application or Motion
such Commission shall be about to issue, shall be sent by the
Bishop to the Party accused Fourteen Days at least before
such Commission shall issue*

IV. And be it enacted, That it shall be lawful for the said
Commissioners or any Three of them to examine upon Oath^
or upon solemn Affirmation in Cases where an Affirmatioa

or

1840. Church Ducipline. Cap. 86. 441

or Declaration is allowed by Law instead of an Oath, which
Oath or Affirmation or Declaration respectively shall be ad-
ministered ' by them to aU Witnesses who shall be tendered to
them for Examination as well by any Party alleging the Truth
of the Charge or Report as by the Party accused, and to all
Witnesses whom they may deem it necessary to summon for
the Purpose of fuUy prosecuting the Inquiry, and ascertaining
whether there be sufficient primd facie Ground for instituting
further Proceedings ; and Notice of the Time when and Place
where every such Meeting of the Commissioners shall be
holden shall be given in Writing under the Hand of One of
the said Commissioners to the Party accused Seven Days at
least before the Meeting; and it shall be lawful for the
Party accused, or his Agent, to attend the Proceedings of the
Commission, and to examine any of the Witnesses; and all
such preliminary Proceedings shall be public, unless, on the
special Application of the Party accused, the Commissioners .
shall direct that the same or any Part thereof shall be private ;
and when such preliminary Proceedings, whether public or
private^ shall have been dosed, One of the said Commissioners
shall, after, due Consideration of the Depositions taken before
them, openly and publicly declare the Opinion of the Majority
of the Commissioners present at such Inquiry, whether there
be or be not sufficient primd facie Ground for instituting
further Proceedings.

V. And be it enacted, That the "said Commissioners or any Report of the
Three of them shall transmit to the Bishop under thehr Hands Commisdon.! ..
and Seals the Depositions of Witnesses taken before them, and«

also a Report of the Opinion of the Majority of the Com-
missioners present at such Inquiry whether or not there be
sufficient primd fide Ground for instituting Proceedings against
the Party accused ; and such Report shaU be filed in the Re-
gistry of the Diocese; and that if the Party accused shall
hdd any Preferment in any other Diocese or Dioceses, the
Bishop to whom the Report shall be made shall transmit a
Copy thereof, and of the Depositions, to the Bishop or Bishops
of such other Diocese or Dioceses, and shall also, upon the
Application of the Party accused, cause to be delivered to
such Party a Copy of the said Report and of the Depositions,
on Payment of a reasonable Sum for the same^ not exceeding
Two-pence for each Folio of Ninety Words.

VI. And be it enacted. That in all Cases where I^oceedings Bishop may
shall have been commenced under this Act against any such p^®"®*?**^^"
Clerk it shall be lawful for the Bishop of any Diocese l^'withou°*
witbin which such Clerk may hold any Preferment, with the further Pro-
Consent of such Clerk and of the Party complaining, if any^ c«edin«^
first obtained in Writing, to pronounce, without any further
Proceedings, such Sentence as the said JSishop shall think fit,

not exceeding the Sentence which might be pronounced in
due Course of Law ; and all such Sentences shall be good
and effectual in Law as if pronounced after a Hearing accord-
ing

442 Cap. 86. Church Discipline. 8 & 4 Vict.

ing to the Provisions of this Act, and may be enforced bj the
like Means.
Articles and VII. And be it enacted. That if the Commissioners shall

S^fiTd!'**"* ^ report that there is sufficient primd facie Ground for institute

ing Proceedings, and if the Bishop of any Diocese within
which the Party accused may hold any Preferment, or the
Party complaining, shall thereupon think fit to proceed against
the Party accused, Articles shall be drawn up, and, when ap-
proved and signed by an Advocate practising in Doctors Com'
mon&i shall, together with a Copy of the Depositions taken by
the Commissioners, be filed in the Registry of the Diocese of
such last-mentioned Bishop ; and any such Party, or any Per-
son on his Behalf, shall be entitled to inspect without Fee such
Copies, and to require, and have, on Demand, from the Re-
gistrar (who is hereby required to deliver the same). Copies
of such Depositions, on Payment of a reasonable Sum for the
same, not exceeding Two-pence for each Folio of Ninety
Words.
Senrice of Copy VIII. And be it enacted. That a Copy of the Articles so
^*the iw" ^®^ *^^ ^ forthwith served upon the Party accused by

personally delivering the same to him, or by leaving the same

at the Residence House belonging to any Preferment holden

by him, or if there be no such House, then at his usual or

last known Place of Residence ; and it shall not be lawful to

proceed upon . any such Articles until after the Expiration of

Fourteen Days after the Day on which such Copy shall have

been so served.

Bishop majEi IX. And be it enacted. That it shall be lawful for the

^^^^^ said last-mentioned Bishop, by Writing under his Hand, to

pear before require the Party to appear, either in Person or by his Agent

him; duly appointed, as to the said Party may seem fit, before

him at any Place within the Diocese, and at any Time after
the Expiration of the said Fourteen Days, and to make Answer
to tfie said Articles within such Time as to the Bishop shall
and may pro- seem reasonable; and if the Party shall appear, and by his
mmn/Al' Answer admit the Truth of the Articles, the Bishop, or his
miflsioii. * Commissary specially appointed for that Purpose, shall forth-
with proceed to pronounce Sentence thereupon according to
the Ecclesiastical Law.
How Notiee X. And be it further enacted, That, every Notice and Re-

to beiwlredf^" quisition to be given or made^ in pursuance of this Act shall

be served on the Party to whom the same respectively relate

in the same Manner as is hereby directed with respect to

the Service of a Copy of the Articles on the Party accused.

Prooeedlngf on XI. And be it enacted, That if the Party accused shall

before^ refiise or neglect to appear and make Answer to the said

Biabop. Articles, or shall appear and make any Answer to the said

Articles other than an unqualified Admission of the Truth
thereof, the Bishop shall proceed to hear the Cause, with the
Assistance of Three Assessors, to be nominated by the Bishop,
One of whom shall be an Advocate who shall have practised

not

1840. Church Discipline. Cap. 86. 443

not less than Five Years in the Court of the Archbishop of
the Frovincey or a Sergeant at Law, or a Barrister of not less
than Seven Years standing, and another shall be the Dean of
his Cathedral Church, or of One of hb Cathedral Churches,
or One of his Archdeacons, or his Chancellor; and upon the
Hearing of such Cause the Bishop shall determine the same^
and pronounce Sentence thereupon according to the Ecclesias-
tical Lawi

XII. And be it enacted, That all Sentences which shall be Sentence of
pronounced by any Bishop or his Commissary in pursuance of ^m^^^? ^
this Act shall be good and effectual in Law, and such Sen-
tences may be enforced by the like Means as a Sentence pro-
nounced by an Ecclesiastical Court of competent Jurisdiction.

XIIL Provided always, and be it enacted, That it shall be Bishop may
lawful for the Bishop of any Diocese within which any such *°^*^^ Cauae
Clerk shall hold any Preferment, or if he hold no Preferment Jjpp^i ^^
then for the Bishop of the Diocese within which the Offence is Provinoe.
alleged to have been committed, in any Case, if he shall think .
fit, either in the first instance or after the Commissioners shall
have reported that there is sufficient primd facie Ground for'
instituting Proceedings, and before the filing of the Articles,
but not afterwards, to send the Case by Letters of Request
to the Court of Appeal of the Province, to be there heard and
determined according to the Law and Practice of such Court :
Provided always, that the Judge of the said Court may and he Judge of the
is hereby authorized and empowered from Time to Time to Court may
make any Order or Orders of Court for the Purpose of ex- f^^ expedi^
pediting such Suits or otherwise improving the Practice of such Suits.
the said Court, and from Time to Time to alter and revoke the
same : Provided also, that there shall be no Appeal from any No Appeal
interlocutory Decree or Order not having the Force or Effect *^™°^!"®J^""
of a deBnitive Sentence, and thereby ending the Suit in the ^^ -^^^^e^-
Court of Appeal of the Province, save by the Permis^on of the
Judge of such Court.

XIV. And be it enacted, That in every Case in which, from Bishop em.
the Nature of the Offence charged, it shall appear to any PTJuIlft**^
Bishop, within whose Diocese the Party accused may hold any l^cuwd ham
Preferment, that great Scaildal is likely to arise from the Party performing
accused continuing to perform the Services of the Church while ^^^5"2f*^*
such Charge is under Investigation, or that his Ministration
will be useless while such Charge is pending, it shall be lawful
for the Bishop to cause a Notice to be served on such Party
at the same Time with the Service of a Copy of the Articles
aforesaid, or at any Time pending any Proceedings before
the Bishop or in any Ecclesiastical Court, inhibiting the said
Party from performing any Services of the Church within such
Diocese from and after the Ebcpiration of Fourteen Days from
the Service of such Notice, ana until Sentence shall have been
given in the said Cause; provided that it shall be lawful for
such Par^, being the Incumbent of a Benefice, within Fourteen
Days after the Service of die said Notice, to nominate to the
Biwop any fit Person or Persons to perform all such Services
CNo. 29. Price 2d] Ff of

4A4.

Cap. 86.

Chunk DudpUne,

3 & 4 Vict.

What Appeals
maybe.

Arehbiahops
and Bishops,
Members of the
Privy Council,
to be Members
of the Judicial
Committee on
all Appeals
under this Act.

Attendance of
Witnesses, and
Production of
Papers, &c.
may be com-
pelled.

of the Church during the Period in which such Party shall be .
so inhibited as aforesaid; and if the Bishop shall deem the
Person or Persons so nominated fit for the Performance of
such Services he shall grant his Licence to him or them
accordingly, or in case a fit Person shall not be nominated the.
Bishop shall make such Provision for the Service of the Church
as to him shall seem necessary; and in all such Cases it
shall be lawful for the Bishop to assign such Stipend, not
exceeding die Stipend required by Law for the Curacy of
the Church belonging to the said Party, not exceeding a
Moiety of the net annual Income of the Benefice, as the said
Bishop may think fit, and to provide for the Payment of such
Stipend, if necessary, by Sequestration of the Living : Pro*
vided also, that it shall be lawful for the said Bishop at any
Time to revoke such Inhibition and Licence respectively.

XV. And be it enacted, That it shall be lawful for any
Party who shall think himself aggrieved by the Judgment
pronounced in the first instance by the Bishop, or in the
Court of Appeal of the Province, to appeal firom such Judgment ;
and such Appeal shall be to the Archbishop, and shall be heard
before the Judge of the Court of Appeal of the Province,
when the Cause shall have been heard and determined in
the first instance by the Bishop, and shall be proceeded in
in the said Court of Appeal in the same Manner and subject
only to the same Appeal as in this Act is provided with respect
to Cases sent by Letters of Request to the said Court ; and the
Appeal shall be to the Queen in Council, and shall be heard
before the Judicial Committee of the Privy Council, when the
Cause shall have been heard and determined in the first
instance in the Court of the Archbishop.

XVI. And be it enacted, That every Archbishop and Bishop
of the United Church of England and Lrehnd^ who now is or
at any Time hereafter shall' be sworn of Her Majesty's Most
Honourable Privy Council, shall be a Member of the Judicial
Committee of the Privy Council for the Purposes of every
such Appeal as aforesaid ; and that no such Appeal shall
be heard before the Judicial Committee of the Privy Council
unless at least One of such Archbishops or Bishops shall be
present at the Hearing thereof: Provided always, that the
Archbishop oi: Bishop who shall have issued the Commission
herein^before mentioned in any such Case, or who shall have
heard any such Case^ or who shall have sent any such Case
by Letters of Request to the Court of Appeal of the Province,
shall not sit as a Member of the Judicial Committee on an
Appeal in that Case.

XVIL And be it enacted, That it shall be lawful in any
such Inquiry for any Three or more of the Commissioners, or
in any such Proceeding for the Bishop^ or for any Assessor of
the Bishop, or for the Judge of the Court of Appeal of the Pro-
vince, to require the Attendance of such Witnesses, and the
Production of such Deeds, Evidences, or Writings, as may be
necessary; and such Bishop, Judge,. Ajssessor, and Commia-

sioners

1840. Church DiscipKne. Cap^M. 445

lioners respectively shall have the same Power for these Pur-
poses as now belong to the Consistorial Court and to the Court
of Arches respectively.

XVIII. And be it enacted, That every Witness who shall be Witneaaestobe
examined in pursuance of this Act shall give his or her Evi- ^■^®^.*^'*
flence upon Oath, or upon solemn Affirmation in Cases where be*iiabie to
an Affirmation is allowed by Law instead of an Oath, which Punishment for
Oath or Affirmation respectively shall be administered by the Peijmy. ,
Judge of the Court or his Surrogate, or by the Assessor of the
Bishop, or by a Commissioner ; and that every such Witness who
shall wilfully swear or affirm falsely shall be deemed guilty of
Perjury.

XI A. Provided alwa3rs, and be it enacted. That nothing ProTidonsof
herein-before contained shall prevent any Person from insti- ^^ °<^ V*,"*"
tuting as voluntary Promoter, or from prosecuting in such Form Persons insti-
and Manner and in such Court as he might have done before tuting Suits to
the passing of this Act, any Suit, which, though in Form ^^^*^'''^
Criminal, shall have the "Effect of asserting, ascertaining, or ^^
establishing any Civil Right, nor to prevent the Archbishop of
the Province from citing any such Clerk before him in Qises
and under Circumstances in and under which such Archbishop
might, before the passing of this Act, cite such Clerk under
and in pursuance ot a Statute passed in the Twenty-third Year
of the Reign of King Henry the Eighth, intituled An Ad that 2S H. s. c. 9.
no Person shall be cited out of ffte Diocese tohere he or she dweUethf
except in certain Cases.

XX. And be it enacted, That every Suit or Proceeding Suits to be
against any such Clerk in Holy Orders for any Offence against "l"?*??^
the Laws Ecclesiastical shall be commenced within Two Years ^^ ^ ^
after the Commission of the Offence in respect of which the
Suit or Proceeding shall be instituted, and not afterwards:
Provided always, that whenever any such Suit or Proceeding IVoviso.
shall be brought in respect of an Offence for which a Con-
viction shall have been obtained in any Court of Common Law,

such Suit or Proceeding may be brought arainst the Person
convicted at any Time within Six Calendar Months after such
Conviction, although more than Two Years shall have elapsed
since the Commission of the Offence in respect of ^Idch such
Suit or Proceeding shall be so brought

XXI. And be it declared and enacted, That the Act passed 27 G. s. c44.
in the Twenty-seventh Year of the Reign of His late Majesty ^^^J^^^
King George the Third, intituled An Act to prevent frivolous and Splriti^Pcf-
vexatious Suits in the Ecclesiastical Courts, does not and shall not sons for certain
extend to the Time of the Commencement of Suits or Pro- OfCentes.
ceedings against Spiritual Persons for any of the Offences in

the said Act named.

XXII. And.be it.enacted, That every Archbishop and Bishop Power of
within the Limit of whose Province or Diocese respectively any ^^^-1^°^'
Place, District, or Preferment, exempt or peculiar, shall be „ to exempt or
locally situate, shall, except as herein otherwise provided, have, peculiar Placet
use, and exercise all the Powers and Authorities necessary for ®' Preferment!.
the due Execution by them respectively of the Provisions and

F f 2 Purposes

446

Cap. 86.

Church Discipline.

3&4VICT.

No Suit to be
instituted ex-
cept as herein
provided.

If a Bishop is
Patron of the
Preferment
held by accused
Party, Arch-
bishop to act in
his Stead.

Saving of Arch-
bishop and
Bishop's
Powers.

Act may be
amended, &c.

Purposes of this Act, and for enforcing the same with regard
thereto respectively, as such Archbishop and Bishop respectively
would have used and exercised if the same were not exempt or
peculiar, but were subject in all respects to the Jurisdiction of
such Archbishop or Bishop ; and where any Place, District,
or Preferment, exempt or peculiar, shall be locally situate within
the Limits of more than One Province or Diocese, or where the
same, or any of them, sliall be locally situate between the Limits
of the Two Provinces, or between the Limits of any Two or
more Dioceses, the Archbishop or Bishop of the Cathedral
Church to whose Province or Diocese the Cathedral, Collegiate,
or other Church or Chapel of the Place, District, or Preferment
re^ectively shall be nearest in local Situation shall have, use,
and exercise all the Powers and Authorities which are necessary
for the due Execution of the Provisions of this Act, and en-
forcing the same with regard thereto respectively, as such
Archbishop or Bishop could have used if the same were not
exempt or peculiar, but were subject in all respects to the
Jurisdiction of such Archbishop or Bishop respectively, and the
same, for all the Purposes of this Act, shall be deemed and
taken to be within the Limits of the Province or Diocese of
such Archbishop or Bishop ; provided that the Peculiars be-
longing to any Archbishoprick or Bishoprick, though locally
situate in another Diocese, shall continue subject to the Arch-
bishop or Bishop to whom they belong, as well for the Purposes
of this Act as for all other Purposes of Ecclesiastical Juris-
diction.

XXin. And be it enacted, That no Criminal Suit or Pro-
ceeding a^inst a Clerk ia Holy Orders of the United Church
of Efifflana and Ireland for any Offence against tlie Laws
Ecclesiastical shall be instituted in any Ecclesiastical Court
otherwise than is herein-before enacted or provided.

XXIV. And be it enacted. That when any Act, save sending
a Case by Letters of Request to the Court of Appeal of the
Province, is to be done or any Authority is to be exercised by
a Bishop under this Act, such Act shall be done or Authority-
exercised by the Archbishop of the Province in all Cases where
the Bishop who would otherwise do the Act or exercise the
Authority is the Patron of any Preferment held by the Party
accused.

XXV. And be it enacted, That nothing in this Act contained
shall be construed to affect any Authority over the Clergy of
their respective Provinces or Dioceses which the Archbishops
or Bishops of England and Wales may now according to Tuelw
exercise personally and without Process in Court; and that
nothing herein contained shall extend to Ireland.

XXVI. And be it enacted, That this Act may be amended
or repealed by any Act to be passed in this Session of Parlia-
ment.

1840. Metropolis JmprovemenU Cap. 87. 447

CAP. LXXXVIL

An Act to enable Her Majesty's Commissioners of^^r^^^.^
Woods, Forests, Land Revenues, Works, and Build- ^-^-^^^y^
ings to make additional Thoroughfares in the Metro-
polis. [7th Avgust 1840.]

* Tl/'HEREAS an Act was passed in the Second and Third

* Year of the Reign of Her present Majesty, intituled An s&sVicu cso.
^ Act to empower the Commissioners of Her Mojestt^s Woods, Forests,

' Land Revenues, Works, and Buildings to raise a Sum of Money

* Jbr making additional Thoroughfares in the Metropolis, reciting^

< that in order to remove many of the existing Obstructions

* which impeded the main Lines of Communicauon in several

* Parts of the Metropolis, and for creating new and commodious
' Thoroughfares in such Districts, so as to afford additional
^ Facilities of Intercourse, it had been proposed to open a

* convenient Tlioroughfare from the End of Coventry Street to
' the Junction of Newport Street and Lcng Acre, and to continue

* the Line of Street from Waterloo Bridge, then already com-

< pleted, to Bow Street, from thence. Northward, into Broad
^ Street, Holbom, to extend Oxford Street in a direct Line through
' Saint Gileis, so as to communicate with HoWom at or near
' Southampton Street, and to open a spacious Thoroughfare
' between the populous Neighbourhood of Whitechapd and

* Spitalfields, and the Docks and Wharfs of the River Thames,
' by widening the Northern and Southern Extremities of Lemon
' Street, and by creating a new Street from the Northern Side
' of Whitechapel to the Front of Spitalfields Church ; and reciting,
^ that it was expedient that the carrying into effect such several
' Alterations and Improvements should be placed under the
' Direction and Superintendence of the Commissioners of Her
^ Majesty's Woods, Forests, Land Revenues, Works, apd Build-
' ings, subject to the Approbation of the Lord High Treasurer
' or the Commissioners of Her Majesty's Treasury of the United
' Kingdom of Great Britain and Ireland for the Time being ;

and reciting, that the Income of certain of the several Funds
therein mentioned, charged by certain Acts therein recited,
of the Tenth Year of the Reign of His late Majesty King
George the Fourth, the Eleventh Year of the Reign of His
said late Majesty, and the First and Second Years of the
Reign of Her present Majesty, with the Repayment of the
several Sums thereby authorized and directed to be raised for
the several Purposes therein mentioned, had so much increased
as to render it probable that if the Commissioners of Her
Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings were empowered to raise the Sum of Two hundred
thousand Pounds on the Credit of the said several Funds
(such Sum of Two hundred thousand Pounds to be applied
by them towards the making and completing the several '
Alterations and Improvements therein-before mentioned), the

F f 3 « Surplus

448

Cap. 87.

Metropolis ImprommenL

3&4VicT.

Surplus of such Funds would be amply sufficient to pay the
Interest thereof, and also to pay off, on or before the Fifth
Day of Jidy One thousand eight hundred and fifty-eight,
the Principal thereof, as well as the Principal Sums of
Money and Interest and Annuities then remaining charged
thereon ; it was by the now<-reciting Act enacted, that the
Commissioners for the Time being of Her Majesty's Woods,
Forests, Land Revenues, Works, and Buildings should be
and they were thereby appointed Commissioners for exe-
cuting and completing the several Alterations and Improve-
ments therein-before mentioned, and for carrying the Purposes
of the now-reciting Act into execution, and all Acts, Matters,
and Things authorized or necessary to be done and executed
by the said Commissioners in pursuance of the said Act
might be done and executed by any Two of them, and the
same should be as valid and effectual, and shoUld have the
same Force and Effect, as if such Acts, Matters, and Things
had been done and executed by all the said Commissioners ;
and it was thereby enacted, that for providing a Fund for
the Purposes of the now-reciting Act it should be lawful for
the Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings for the Time being, from
Time to Time, with the Consent of the Lord High Treasurer
of the United Kingdom of Great Britain and Ireland^ or of
the Commissioners for executing the Office of Lord High
Treasurer of the said United Kingdom, or any Three or
more of them, to charge the Funds therein-after mentioned,
and made subject as after mentioned, with the Payment of
any Sum or Sums of Money not exceeding in the whole the
Sum of Two hundred thousand Pounds, together with Interest
on the Sum or Sums to be charged from the Time of charging
the same, not exceeding Five Pounds /^er Centum per Annvm^
to be payable half-yearly ; and it was thereby enacted, that
the Fund called ^< The Orphans Fund," and die Fund called
^^ The ZrOftc^JSrtcJ^e Approaches Fund," and all and singular
the Funds, Duties, Impositions, and Revenues created, con-
stituted, imposed, or continued by the said therein-recited
Acts of the Tenth Year of the Reign of King George the
Fourth, the Eleventh Year of the Reign of King George the
Fourth, and the First and Second Yeara of the Reign of Her
present Majesty, or any or either of them, should be the
Fund to be charged by Her Majesty's said Commissioners,
and should be applicable, after the Sums then ah*eady bor-
rowed thereon should have been paid off and discharged, to
the Payment of all such Monies as might be charged thereon
by the Commissioners for executing the now-reciting Act, and
the Interest thereof, until the Sum or Sums and Interest to
be charged thereon as last aforesaid should be paid off and
discharged ; and it was thereby enacted, that for the Purposes
of the now-reciting Act it should be lawful for the Conxmis*
sioners of Her Majesty's Woods, Forests, Land Revenues,
Works, and Buildings, by and with the Consent and Ap^

* probation

m

1840. Mdriipolu ImprovemenL 'Cap. 87. 449

probation of the Lord High Treasurer or the Commissioners
of Her Majesty's Treasury for the Time being, to borrow
and raise any Sum or Sums of Money not exceeding in the
whole the Sum of Two hundred thousand Pounds upon the
Credit of the said Monies and Interest so charged in manner
therein mentioned; and it was thereby enacted, that the Sum
and Sums of Money which the said Commissioners of Her
Majesty's Woods, Forests, Land Revenues, Works, and
Buildings were thereby authorized to charge, or which
might be borrowed and taken up at Interest by the said
Commissioners, in pursuance of the Powers of the said re^
cited Act, should be applied, in the first place, in paying all
the Chargjes and Expences of or incident to or incurred in
the obtaining and passing the now-reciting Act, and any
other Act for the Purpose of making and completing the said
Improvements, and c^terwards in paying and discharging
the necessary Expences of surveying, designing, laying out,
making, and copnpleting the Streets and other Improvements
which were to be made and done by the said Commis-
sioners of Her Majesty's Woods, Forests, Land Revenues,
Works, and Buildings, in such Manner as might be provided
in any Act to be passed for that Purpose ; and it was thereby
enacted, that it should be lawful for the said Commissioners
for executing the said Act, and they were thereby authorized
and empowered, by and with the Consent and Approbation
in Writing of the Lord High Treasurer of Great Britain^
or of the Commissioners for executing the Office of Lord
High Treasurer, or any Three or more of them, to cause
proper Surveys and. Plans to be made of the Direction of
the said intended Thoroughfares or Streets, and to submit
the same for Approval to the Lord High Treasurer of Great
Briiainj or the Commissioners for executing the Office of
Lord High Treasurer: And whereas the Commissioners of
Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings have, by and with the Consent and Approbation of
the Lords Commissioners of Her Majesty's Treasury, and in
pursuance of the Provisions contained in the last-recited
Act, caused Surveys and Plans to* be made of Three of the
said intended new Thoroughfares or Streets mentioned or
referred to in the said Act, and which said Three new
Thoroughfares or Streets are proposed to be made in the
following Lines or Directions ; namely, one of such Streets
is intended to be commenced from the East End of Oxford
Street^ and to run from thence in or nearly in a direct Line
therewith Eastward into Holbom at or near to the South End
of Southampton Street, Bhomsbury Square; another of such
Streets is intended to commence from the North Side of
Long Acre, opposite Bow Street, and to run from thence in or
nearly in a North-west Direction to Charlotte Street, Blooma-
bury ; and the other of such Streets is intended to commence
from or near to the London Docks, and to run from thence
into Lemon Street, and from thence in a North-west Direction

F f 4 • nearly

450

Cap. 87.

Metropolis Improvement

3&4V1CT.

CommifiiioDen
of Woods, &c.
empowered to
make new
Streets and
Improfements.

Funds autho-
riied to be
charged by the
2&SVict.c80.
qiecified.

nearly in a direct Line with Lemon Street to the West Front
of Spitalfields Church ; which said several Thoroughfares or
new Streets are or will he situate in the several Parishes of
Saint Mariinrinrthe'Fields within the Liberty of Wettminder^
and iSatn^ Giks-iri'the-Fields and iSatn^ George Bloomelnm/^
Saint Mary tVtdtechcgxlf and Ckristchurck Spital/ields, in the
County of Middlesex : And whereas the said several Surveys
and Plans made under the Direction of the Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works,
and Buildings as aforesaid have been submitted to the said
Commissioners of Her Majesty's Treasury, and the same have
been approved by them : And whereas it is expedient that
the Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings shall be authorized and
empowered, by and out of the Monies which they are by the
said recited Act authorized to raise as aforesaid, and the
Monies which they are hereby authorized and empowered to
charge and raise, and other the Monies by this Act made
applicable to the Purposes of this Act, to make, form, and
complete the said Three Thoroughfares or new Streets from
Oxford Street to Holbom^ from Long Acre to Charlotte Street^
and from the London Docks to Spitalfields Church, as herein-
before is mentioned ; and to divert, alter, widen, and im-
prove such Parts of the present Streets as will form Entrances
into such new Streets, or into the Streets, Squares, and
Places connected therewith, according to such Plans so made
and approved as aforesaid:' May it therefore please Your
Majesty that it may be enacted; and be it enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same. That it shall and- may be lawful for the Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings for the Time being, and they are hereby authorized
and empowered, to make, form, and complete the several new
Streets, Improvements, and Alterations herein-before men-
tioned, and to carry the Purposes of this Act into execution,
in manner herein-after mentioned, and according to such Plans
as aforesaid ; and such new Sti^eets, Improvements, and Alte-
rations may be commenced at one and the same Time, or in
such Order as the said Commissioners, with the Assent of the
Lord High Treasurer, or the Commissioners of Her Majesty's
Treasury, may think fit.

II. And be it enacted. That the said Funds by the said
recited Act authorized to be charged by the said Commis-
sioners of Her Majesty's Woods, Forests, Land Revenues,
Works, and Buildings shall be the several Duties on Coals
imported Into the Port of London^ and brought by Inland Con-
veyance, the Duty on Wine^ the several annual Sums charged
on the Revenues of the City of London^ amounting to the
annual Sum of Eleven thousand five hundral Pounds, the Fees
payable on the Admission of Freemen and on the binding of

Apprentices,

1840. Metropolis ImprtmemenL Cap* 87. 451

Apprentices, and for Aqueducts; and which said Funds re-
spectively are in and by the said recited Act mentioned or
referred to.

III. And be it enacted. That nothing in Uie said recited Act 2&sviet.c80.
or this Act contained shall give any Priority to the said Sum "j't^o.gi^e

of Two hundred thousand Pounds, or any Monies to be 2000002. Uiere-
charged by virtue of this Act by the said Commissioners of hy charged over
Her Majesty'ls Woods, Forests, Land Revenues, Works, and ^^ *i?'?^
Buildings, over the Sum of One hundred and fifty thousand \ & ^Via.
Pounds by the Act passed in the First and Second Year of cioa
the Reign of Her present Majesty, intituled An Act fir im^
proving the Site of the Royal Exchange in the City of London,
and the Avenues at^ining Aereto; any thing in the said recited
Act or this Act to the contrary contained.

IV. And be it enacted> That all and every the Monies by Application of
the said recited Act authorized to be charged and borrowed J?°"*"J0 '^
shall, subject to the Application thereof so directed to be made the s & s Vict,
by the said recited Act, be applied by the Commissioners of c. so.

Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings to the carrying into effect the Purposes of this Act

V. And be it enacted. That for the Purposes of this Act and Commissioners
the said Act passed in the Second and Third Year of Her ^Z'Tof^'
Majesty's Reign, the said Commissioners of Her Majesty's Woods, ration^br^thT
Forests, Land Revenues, Works, and Buildings for the Time Purposes of
being shall be and they are hereby constituted a Corporation ^^fj^^
by the Name or Style of ^^ The Commissioners of Her Majesty's

Woods, Forests, Land Revenues, Works, and Building^," in order
to enable them to execute and carry into effect the several Powers
and Purposes of this Act, and by that Name, for the Purposes of
this Act, they the said last-mentioned Commissioners shall and
may have perpetual Succession, and use a Common Seal, to be
by them from Time to Time altered as they shall think fit, and
shall and may sue and be sued, implead and be impleaded, and
take Lands and Hereditaments to them and their Successors for
ever, for the Purposes of this Act.

VI. And be it enacted. That it shall be lawful for the said CommiVionen
Commissioners of Her Majesty's Woods, Forests, Land Reve- empow«wdto
nues, Works, atid Buildings, by and with the Consent and Fondi widi the
Approbation of the Lord High Treasurer, or the Commissioners further Sum of
of Her Majesty's Treasury for the Time being, (in addition to ^S^'^^'J**
and over and above the Sum of Two hundred thousand Pounds ^ ^am of

by the said recited Act of the Second and Third Year of the 2oo,ouo/. au-
Keign of Her present Majesty authorized to be raised and ^°'^?**^!5
borrowed upon the Credit of the Monies and Interest therein therconby
mentioned,) to charge, borrow, and raise, for the Purposes of 2&3yiet.'c.8a
this Act, any further Sum or Sums of Money, not exceeding
in the whole the Sum of One .hundred thousand Pounds, upon
the Credit of the Monies and Interest in the said Act men-
tioned, and herein-before specified as the Funds by the said
recited Act authorized to be charged ; and all and every the
Clauses, Powers, and Provisions in the said Act inserted and
contained with respect to the charging, borrowing, and raising

of

463

Cap. 87.

Metn^it Improvement.

3 & 4 Vict.

The Fund con-
tinued until the
Sums charged
thereon by
this Act are
paid*

Treasury em-
powered to
authorize ihe
Exchequer Bill
Commissioners
to advance
Monies on the
Credit of the
Funds made
chargeable by
this Act.

of the said Sam of Two hundred thousand Pounds shall apply
to the charging, borrowing, and raising of the said further Sum
of One hundred thousand Pounds, in like Manner, to all Intents
and Purposes, as if the Sum of Three hundred thousand Pounds
had been in and by the said recited Act of the Second and
Third Year of the Reign of Her present Majesty authorized to
be charged, borrowed, and raised, instead of the Sum of Two
hundred thousand Pounds as therein mentioned ; and all such
Parts of the Funds by the said recited Act authorized to be
charged with the said Sum of Two hundred thousand Pounds
therein mentioned as are not permanent, and which by the
'BBid Act were directed to be continued until the Sums charged
and to be charged thereon by virtue of the said Act should be
paid oiF and discharged, shall be and are hereby continued in
all respects as directed by the said recited Act until the further
Sum to be charged thereon by virtue^ of this Act shaU be paid
oiF and discharged : Provided nevertheless, that the Rates or
Duties, annual or other Sums of Money, Fees, and Aqueducts,
which were continued for a Term which will expire on the
Fifth Day of July One thousand eight hundred and fifty-eight,
unless the Sums of Money charged thereon should be sooner
paid oiF and discharged, as in the said Act is mentioned, shall
not be continued by this Act beyond the said Fifth Day of July
One thousand eight hundred and fifty-eight.

VIL And be it enacted. That it shall and may be lawful for
the Lord High Treasurer, or the Commissioners of Her Majesty's
Treasury for the Time being, or any Three or more of them,
if he or they shall think it expedient, to authorize and direct
the Commissioners for issuing Exchequer Bills for Public Works
acting in execution of an Act passed in the Fifty-seventh Year
of the Reign of His late Majesty King Oearge the Third, and
of several subsequent Acts for amending and extending the
same, to advance and lend to the Commissioners of Her Ma-
jesty's Woods, Forests, Land Revenues, Works, and Buildings,
on the Credit of the said Sum of Three hundred thousand
Pounds, which the said Commissioners are by the said recited
Act and this Act authorized to charge as aforesaid, any Sum or
Sums of Money in Exchequer Bills not exceeding the said Sum
of Three hundred thousand Pounds, and the Repayment thereof,
with Interest from the Time or respective Times of advancing
the same, not exceeding the Rate of Three Pounds Ten Shil*
lings per Centum per Aanuntf shall be secured in such and the
like Manner as in and by the said recited Act of the Second
and Third Year of the Reign of Her present Majesty is pro-
vided with respect to the Monies thereby authorized to be
advanced out of the Consolidated Fund by the Lord High
Treasurer, or the Commissioners of Her Majesty's Treasury,
or otherwise as the Lord High Treasurer, or the Commissioners
of Her Majesty's Treasury, may order or direct; and the Lord
High Treasurer, or the Commissioners of Her Majesty's Trea-
sury, may authorize and direct such Sum of Money to be
advanced and lent to the said Commissioners of Her Majesty's

Woods,

1840. Metropolis InqjfrovemenL Cap»87. 458

Woodfly Forests, Land Revenues, Works, and Buildings, by such
Instalments, and from Time to Time, as the said Lord High
Treasurer, or the Commissioners of Her Majesty's Treasury,
may think fit ; and such Sum or Sums of Money may be so lent
aod advanced by the said Commissioners for issuing Exchequer
Bills at any Time or Times hereafter, and notwithstanding that
by reason of the prior Charges there may not be at the Time ,
or respective Times of advancing the same any Fund for the
Payment of the Interest of such Sum or Sums.

VUI. And be it enacted. That a Map or Plan, or separate Map or Flan of
Maps or Plans, describing the Lines of the said intended Streets, ^ be*^>Sted*
when signed by the Lord High Treasurer or the Commissioners in the^Soe of
for executing the Office of Lord High Treasurer, or any Three Woods, &c and
of them, and the Places, Buildings, Tenements, and Heredita- ^!^^^
ments on the Site of which the same Streets are proposed to be
made, shall be deposited at the Office of the Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings ; and the Map or Plan, or separate Maps or Plans,
so deposited at the Office of the said Commissioners, shall re-
main at the said Office, to the end that all Persons may at all
seasonable Times have Liberty to inspect and peruse the same,
at their Will and Pleasure, paying the Sum of One Shilling for
every such Inspection.

IX. And be it enacted, That no Alteration or Change shall No Alteration
be made in the Lines of the said Thoroughfares or Streets, as ^° ^^"* without
shown in such Plans, unless the same shall be approved by the ^^ xr^^?
Lord High Treasurer, or the said Commissioners of Her Ma^

jesty's Treasury for the Time being, or any Three or more of
them.

X. And be it enacted. That the said Commissioners of Her Limiting
Majesty's Woods, Forests, Land Revenues, Works, and Build- ^^^ ^ ^^
ings, in making the said new Streets, Alterations, and Improve-
ments, shall not deviate more than Fifty Feet from the Lines
described in the aforesaid Maps or Plans, without the Consent

and Approbation of the Person or Persons, Bodies Politic, Cor«
porate, or Collegiate, through whose Lands or Tenements such
Deviation shall be made.

XL And be it enacted. That the said Commissioners of Her Commissioners
Majesty's Woods, Forests, Land Revenues, Works, and Buildings "^^^^^
shall and may, and they are hereby empowered, from Time to
Time, to appoint such and so many Clerks, and other Officers
^d Persons as they shall deem necessary to employ in the
Execution of this Act, and may from Time to Time remove
such Clerks, Officers, and other Persons, or any of them, and
appoint others in their Stead, and also shall and may, out of
the Monies to be raised by virtue of the said recited Act of the
Second and Third Year of the Reign of Her present Majesty,
and this Act, allow to such Clerks and other Officers, and such
other Person and Persons as shall be assisting in or about the
Execution of this Act, such Salaries or Allowances as to them
the said Commissioners shall seem meet, and as shall be ap-
proved of by the said Lord High Treasurer, or th^ said Convr

missioners

464 Cap. 87.

Metropolis Improvement.

8&4VICT.

Proceedings
wben entered
in a Book to be
Evidence.

Commissioners
may lay out
Foot and Car-
riage ^yays.

Power to alter
and stop up
Streets and
Ways.

Power to stop
up Ways during
the Execution
of this Act.

Streets may be
raised or
lowered.

missioners of Her Majesty's Treasury, or any Three or more of
them : Provided always, that the said Commissioners shall and
may and they are hereby authorized and empowered, if they
shsJl t^ink proper so to do, to take such Security, either to
themselves or Her Majesty, from any Clerk, Officer, or other
Person to be appointed by virtue of this Act, for the due and
faithful Execution of his Office, as they the said Commissionen
shall think fit

XII. And be it enacted. That all such Orders and Proceed-
ings of the said Commissioners of Her Majesty's Woods, Forests,
Land Revenues, Works, and Buildings, in the Execution of
this Act and of the said recited Act, which shall be entered in a
Book or Books to be kept for that Purpose, shall, when so
entered, and signed by the said Commissioners, or any Two of
them, be deemed to be Originals, and such Book or Books
shall be admitted as Evidence in all Courts whatsoever.

XIII. And be it enacted. That it shall be lawful for the
said Commissioners of Her Majesty's; Woods, Forests, Land
Revenues, Works, and Buildings to cause such Part of the
said intended Streets to be laid out for Carriageways, and
snch Part thereof for Foot Passengers, as they shall think
proper.

XIV. And be it enacted, That it shall be lawful for the said
Commissioners to alter, divert, stop up, or inclose such Streets,
Courts, Alleys, Ways, or Passages, and void Ground, or such
Part and Parts thereof as shall be necessary to be altered,
diverted, stopped up, or inclosed for the Purposes of this Act ;
and the Ground and Soil of such Streets, Courts, Alleys, Ways,
Passages, and void Ground, or Parts thereof respectively, as
shall be stopped up and inclosed, and the Fee Simple and In-
heritance thereof, shall be and are hereby vested in the said
Commissioners of Her Majesty's Woods, Forests, Land Reve-
nues, Works, and Buildings, and their Successors, for the
Purposes of this Act.

XV. And be it enacted. That it shall be lawful for the said
Commissioners, and they are hereby authorized and empowered,
during the making of the said Streets and Thoroughfares, to
stop up or cause to be stopped up all or any Part of the Car-
riage or Foot Ways of Streets and other Places as shall be
necessary for the Purposes of this Act, and for that Purpose to
put up or cause to be put up sufficient Palisadoes, Bars, Posts,
and other Erections, and to make such Orders for regulating
the Passage of all Carts, Carriages, and Horses, as to th«n
shall seem proper.

XVI. And be it enacted. That it shall be lawful ibr the
said Commissioners, and they are hereby authorized and em-
powered, to raise or lower, or cause to be raised or lowered,
the Ground of any Streets or Ways which shall communicate
with the said Streets to be made as aforesaid, or any Part or
Parts thereof respectively, making Compensation to the Owners
of Houses injured* by such Alterations as shall be agreed on by
and between the Parties.

XVII. Pro-

1840. • Metropolis Improvement. Cap. 87. 455

XVII. Provided always, and be it enacted, That the said irecting how
Ck)mmis8ioners of Her Majest/s Woods, Forests, Land Reve- ^fSj^'i^d"**
nues, Works, and Buildings shall, out of the Monies to be and made,
raised by them under the Provisions of the said recited Act of
tbe Second and Third Year of the Reign of Her present Ma-
jesty, and of this Act, in a substantial and workmanlike Manner,
fill in or cause to be filled in all and every the Vaults, Cellars,
and open Places over which it may be necessary, for the Pur-
poses aforesaid, or any of them, to new pave^ (except such as
may be used again as Cellars, Vaults, or Areas,) with good
sound bard Brick Rubbish, to be well rammed down to prevent
tbe Ground from giving way, and shall well and effectually
pave over, either with Stone, Wood, or other Material, or
macadamize, all the said Ground and the said Streets or Ways
with a sufficient Quantity of Materials of proper Qualities and
Dimensions, and shall in like Manner erect and build any
Arch or Arches which they may think necessary, and also relay,
pave, or macadamize, and repair all and every Part of the
Streets, Ways, and Passages which they shall disturb or alter
in carrying the Purposes of this Act into execution : Provided
nevertheless, that nothing herein contained shall extend or
be construed to extend to charge the said Monies to be applied
for the Purposes of this Act with repairing or making good
such Pavement or Arches in future, but that from and after
the same shall be so paved, relaid, and repaired as aforesaid the
same shall for ever thereafter be kept in repair by and at the
Expence of the respective Parishes to which the same shall
respectively belong, or of the Commissioners liable to repair
the Streets or Thoroughfares in the Places in which the same
shall be; and that the Right and Property of all Pavements,
Arches, Stones, Wood, and bricks so to be laid as aforesaid shall
belong to and be the Property of the said respective Parishes
or Conunissioners, or other Persons or Bodies, in the same
Manner as Things of a like Description in other Parts of the
said Parishes respectively are now or may be vested by Law.

XVUI. And be it enacted. That it shall be lawful for the Sewenor
said Commissioners of Her Majesty's Woods, Forests, Land Dniotobe
Revenues, Works, and Buildings, and they are hereby au- SJ^u^""'
thorized and empowered, out of the Monies to be raised by
them under the Powers and Provisions of the said recited Act
of the Second and Third Year of tbe Reign of Her present
Majesty, and of thb Act, to cause to be arched over or filled
up all such Sewers and Drains, or Part or Parts thereof, which
shall lie and be in or near the said Streets or Ways to be
loade, altered, diverted, or stopped up or inclosed as aforesaid
respectively, as shall appear necessary for completing the
Purposes of this Act, so as that no Public Sewer or Drain
whatsoever, or any Private Drain, shall be in anywise dis- -
turbed, injured, or prejudiced, without another Sewer or
Drain being made in lieu thereof equally serviceable and con-
venient to the Individual or Neighbourhood : Provided always,
that at the Time of filling up any Sewer or Drain, or Part

thereof

45d Cap. 87* Metropolis Improvement. 3 & 4 Vict.

thereof, as aforesaid, the said Commissioners shall cause to
be made and built other good and sufficient Sewers and Drains,
to be approved by the Commissioners of Sewers, of the same
or greater Size or Capacity, and upon the same or lower
Levels, than the Sewers or Drains which shall be filled up;
and when made and completed the said respective Sewers and
Drains shall be under the Jurisdiction, Care, Management,
and Direction of the Commissioners of Sewers of the District
in which the same shall be : Provided also, that in case the
said Commissioners of Sewers shall require any Sewer or
Drain, or Part or Parts of any Sewer or Drain, that may be
destroyed or altered under the Authority of this Act, to be
rebuilt or remade of larger Capacity than the ordinary Size
generally used by the Commissioners of Sewers, and shall give
Notice to the said Commissioners of Her Majesty's Woods,
Forests, Land Revenues, Works, and Buildings of such Desire,
before such Sewer or Drain shall be begun to be rebuilt or
altered, then and in every such Case such Sewer or Drain
shall be rebuilt or remade of such enlarged Dimensions as the
said Commissioners of Sewers may require, and such Com-
missioners of Sewers shall bear and pay the Difference in
Expence that , may be occasioned by such enlarged Capacity;
and in case any Difference shall arise as to the Sum to be paid
by the said Commissioners of Sewers, then it shall be referred
to the Decision of Two Arbitrators, or if they differ to an
Umpire, to be named by the Two Arbitrators, one of such
Arbitrators to be named by the said Commissioners of Sewers,
and the other by the said Commissioners of Her Majesty's
Woods, Forests, Land Revenues, Works, and Buildings.
Power to alter XIX. And be it enacted. That it shall be lawful for the
Steps, Areas, g^j^j Commissioners of Her Majesty's Woods, Forests, Land
ipes, c Revenues, Works, and Buildings, out of the Monies to be
raised by them as aforesaid, to raise, sink, or otherwise alter
or cause to be altered the Position of any of the Steps, Areas,
Cellars, Windows, and Water Channels, Pipes, or Spouts be-
longing to any House or Houses, and also the Mains and the
Leaden or other Pipes which for the Purposes of conveying
Water or Oas to any House or other Place shall be laid into
or from any Main or Pipe laid down by any of the Companies
or Societies who furnish the Inhabitants with Water or Gas,
in such Manner as shall be consistent with the Acts of Par-
liament incorporating such Companies or Societies (if any),
and to remove all other Obstructions," so as the same re*
spectively be done with as little Detriment and Inconveni-
ence to the said Companies, Societies, and Inhabitants aa the
Circumstances of the Case will admit.
Ground laid XX. And be it enacted. That when the said Streets shall

into the streeu ^ made in pursuance of this Act all the Ground, Land, and
there(^ ^ Hereditaments which shall be laid open into the said Streets,

and paved as aforesaid, shall form Part of the said Streets, and
shall be used by the Public accordingly, and the same^ and the
sole Power and Authority of paviqg, repairing^ deensing, light-
ing!

1840. Mdropolis Improvements. Cap. 87. 457

ing) and watching thereof, and of rating the Lands, Tene*
ments, and Hereditaments situate and being within the same,
shall be under the Care, Management, Contrd, and Jurisdiction
of the same Parishes or Places or Commissioners as'possess such
Power and Authority in respect of the Sites of such Streets, or
any Part thereof, at the Time of the passing of this Act, or as
the other Streets and Ways in the Parishes or Places in which '
the same respectively shall be situate.

XXI. And be it enacted, That for the^Purpose of making Power to take
the said Carriageways and Footways, and of providing the Sites ^°"**» *^
necessary for the Houses and Buildings to form the said Streets,
and generally for the Purposes of this Act, it shall be lawful for
the Commissioners of Her Majesty's Woods, Forests, Land Re-
venues, Works, and Buildings, and they are hereby authorized
and empowered, to take and use or cause to be taken and used
any Tenements or Hereditaments, and pull down and remove
or cause to be pulled down and removed any Houses or Build-
ings, which it may be deemed necessary and expedient to take,
use, or puU down and remove for the Purposes of this Act, at
any Time at the Expiration of Six Calendar Months after Notice
in Writing from the said Commissioners of Her Majesty's
Woods, Forests, Land Revenues, Works, and Buildings, or
their Agent duly authorized, of their Intention to take or use
the same^ shall either be given to the principal Officer of the
Body Politic, Corporate, or Collegiate, or to the Person or
Persons, who shall be the Owners and Occupiers of such Tene^
ments or Hereditaments, or, in case he, she, or they cannot be
found or ascertained, left at the usual or last Place or Places of
his, her, or their Abode, dr with the Tenant or Tenants, Occu-
pier [or Occupiers of the same Tenements or Hereditamenst,
shall be affixed upon the same Premises ; and for the Purposes
of this Act the Owner shall be any Person hereby capacitated
to sell.

XXU. Provided always, and be it.enacted, That no Houses or No Houses, fte.
Buildings, Garden or Yard belonging to a House, shall be taken ^ be taken
or made use of for the Purposes of this Act, except such as ^jl^unksT""
are mentioned in the Schedule hereunto annexed, or as are mentioned in
situated within the Limits of the Line of Deviation herein* Schedule,
before authorized, witliout the Consent in Writing of the Owner
or Owners thereof being first had and obtained for that Purpose.

XXIIL And be it enacted, That it shall be lawful for the Premises may
aaid Conmiissioners for the Time being of Her Majesty's be taken not-
Woods, Forests, Land Revenues, Works, and Buildings to Errors ^nT£
purchase, take down, and use, for the Purposes of this Act, Schedule.
any of the Houses, Building^ and other Hereditaments described
in the said Plan or Plans to be deposited in the Office of the
said Commissioners as aforesaid as intended to be taken for the
Purposes of this Act, although the same Houses, Buildings, and
other HereditanSentB, or the Name or Names of the Owner or
Owners, Occupier or Occupiers thereof, may happen to be
erroneously stated or omitted in the Schedule hereunto
annaxed, in case it shall appear to any Two or more of ihQ

Justices

458

Cap. 87.

Metropolis Improvement.

3&4VICT.

Power to Com-
missioners, their
Surveyors, &c»
to enter upon
Houses, &C.
for surveying or
valuing.

Commissionen
empowered to
treat for the
Purchase of
Houses, &c.

Houses pur-
chased to be
conveyed to
Commissioners
of Her Ma-
jesty's Woods,
&c.

Limitation of
Time of pur-
chasing Housei^
&c.

Bodies PoUtic
TruHeeiiaad

Justices of the Peace for the County of Middlesex, and be cer-
tified under their Hands, that such Error or Omission proceeded
from Mistake or erroneous Information.

XXIV. And be it enacted, That it shall be lawful for the
Commissioners for the Time being of Her Majesty's Woods,
Forests, Land Revenues, Works, and Buildings, and for their
Surveyor or Surveyors, Officers and Workmen, from Time to
Time, at all reasonable Times in the Day-time, upon giving
Notice in Writing, for the first Time Twenty-four Hours, and
afterwards from Time to Time Twelve Hours previous Notice^
to enter into and upon all or any of the said Tenements and
Hereditaments authorized to be taken and used as aforesaid, or
any of them, for the Purpose of surveying or valuing the said
Premises, without being deemed a Trespasser or Trespassers,
and without being subject or liable to any Fine, Penal^, or
Punishment on account of entering or continuing upon any
Part or Parts of the said Tenements and Hereditaments for
the Damages that shall be thereby occasioned.

XXV. And be it enacted, That it shall be lawful for the
said Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings, and they are hereby em-
powered, to treat and agree for the Purchase of any Tenements
and Hereditaments which they may deem necessary for the Pur-
poses of this Act to be taken and used by them, and of any
subsisting Leases, Terms, Shares, Estates, and Interests therein
and Charges thereon, or such of them, or such Part or Parts
thereof respectively, as the said Commissioners shall think
proper, and to enter into any Contract or Contracts which they
may think fit.

XXVI. And be it enacted. That the Messuages and other
Hereditaments which shall be purchased in pursuance of this
Act shall be conveyed to the said Commissioners of Her
Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings, and dieir Successors, or to such Person or Persons as
the said Commissioners for the Time being shdl direct, in
Trust for the Purposes of this Act, and to be conveyed, leased,
or otherwise disposed of, as the said Commissioners under the
Powers herein contained shall direct ; and that, until the same
shall be sold and disposed of, the Rents and Profits thereof shall
be received and applied by die said Commissioners for the Pur-
poses of this Act or any of them.

XXVII. And be it enacted, That if the said Commis-
sioners of Her Majesty's Woods, Forests, LaYid Revenues,
Works, and Buildings shall not within the Space of Seven
Years, to be computed from the passing of this Act, purchase
or take the Tenements and Hereditaments or Parts thereof re-
spectively which they are empowered by this Act to take^ use,
and purchase as aforesaid, then and from thenceforth the
Powers hereby granted to theni for such Pur{K)se shall cease,
determine, and be utterly void.

XXVIII. And be it enacted. That it shall be lawful for all
Bodies Politic, Corporate, or Collegiate, EcdesiasticaL or Lay,

Aggregate

1840. MMiropcUs InqfTO/oemenL Cap. 87. 459

Aggregate or Sole, and for all Trustees and Feoffees in other Penons
Trust for charitable and other Purposes, and all Executors and «rapo«^ere<i to
Administrators, not only for and on behalf of themselves, their ^^ convey.
Successors^ Heirs^ Executors, and Administrators respectively,
but also for and on behalf of their respective Cestuique
Trusts, whether In&uts, Femes Covert, Idiots, Lunatics, or
Persons not bom or not ascertained, or any other Person or
Persons whomsoever, and to and for all Tenants for Life or
for Years absolute or determinable on any Life or Lives, and
all Persons having any other partial or qualified Estate or
Interest, not only for and on behalf of themselves, their Heirs,
Executors, Administrators, and Issue, but also for and on behalf
of the Person or Persons entitled in Remainder, Reversion,
Expectancy, or Contingency, or for any other future Estate or
Interest, where such Person or any of such Persons, whether
entitled to the next or any subsequent Estate or Interest, or any
Part thereof, shall not be ascertained, or shall be incapable of
contracting for, selling, or conveying the same, and to and for
all Guardians on behalf of their respective Wards, Husbands on
behalf of tbeir- respective Wives, Committees on behalf of the
Persons of whose Estates they shall be Committees, and the
Heirs, Executors, and Administrators and Issue of such Wards,
Wiyes, or Persons respectively, and to and for all Femes
Covert entitled in their own Right to any such Tenements or
Hereditaments, or to Dower or other Interest therein, on
behalf not only of themselves, but also of their respective
Heirs, Executors, Administrators, and Issue, and also, where
such Wards, Wives, Persons, or Femes Covert respectively
shall be Tenants for Life or in Tail, or for Years, or have
any other partial or qualified Estate or Interest, to and for
such Guardians, Husbands, Committees, and Femes Covert, on
behalf of the Person or Persons on behalf of whom such
Wards, Wives, Persons, or Femes Covert respectively, if of full
Affe^ unmarried, and of sound Mind, might have contracted for,
sold, and conveyed the same Tenements or Hereditaments, and
to and for all and every other Person or Persons whomsoever,
who are or shall be seised or^ possessed of or interested in any
Tenements or Hereditaments which by the said Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works, and
Boildings shall be thought necessary for any of the Purposes
of this Act, to contract for, sell, and convey the same, and
every or any Part thereof, to the said Commissioners and their
Successors, or to such Person or Persons as the said Commis-
Moners for the Time being of Her Majesty's Woods, Forests,
Land Revenues, Works, and Buildings shall direct, for the
Purposes of this Act; and all Contracts, Agreements, Bargains,
Sales, Conveyances and Assurances, Acts and Deeds, which
shall be made by such Bodies Politic^ Corporate^ or CoUe^
giate. Trustee or Trustees, or other Person or Persons as
aforesaid, shall be valid and effectual in the Law ; and all
Bodies Politic, Corporate^ or CoUqpate, and all Persona
whosoever contracting or conveying as aforesaidi are hereby
[No. ao. Frioc id."] G g indemnified

460 CS&p. 87* Metropolit Impwnement 8 & 4 V tciv

indemnified for or in respect of any such Sal^ which they, h^^

ghe, or any of them shall respectively midce by Virtue dr in

pmrsuance of this Act

Satisfaction to XXIX. And be it enacted. That all and every Body and

be made^ and Bodies Politic, Corporate, or Collegiate^ Trustee or Trustees,

may be accept- ^^^ other Person and Persons herein-before capacitated to

contract for, sell, and convey any such Tenements or Heredita-
ments as aforesaid, and any omer Owner or Owners of any
such Tenements or Hereditaments, or any Share or Shares^
Estate or Estates, Interest or Interests therein, or Charge or
Charges thereon, may accept and receive such Satisfaction and
Recompence for the Value thereof; and such Body or Bodies,
Trustee or Trustees, Person or Persons, Owner or Owners^
and also any Tenant or Tenants or other Occupier or Oecu-
piers of any such Premises entitled to any Compensation
for Tenants Fixtures and for any other Injury or Damage as
shall be sustained on account of the Execution of this Act, or
in anjrwise relating thereto, may accept and receive such Sum
of Money in respect thereof as shall be agreed upon between
them respectively and the said Conunissioners of Her Majesty'^
Woods, Forests, Land Revenues, Works, and Buildings ; and in
case the said Commissioners and the said Parties interested in
such Tenements or Hereditaments or Fixtures, or sustaining
any Injury or Damage^ cannot or do not agree as to the
Amount or Value of such Satisfaction, Recompence^ or Com*
pensation, the same respectively shall be ascertained and settled
by a Jury in manner herein-after directed.
Parties to XXX. And be it enacted. That on or before the Expin^

miL?^f thS^ tion of One Calendar Month next after Notice in WritiM frota
E^it^anr' the said Commissioners of Her Majesty's Woods, Forests,
Claims within Land Revenues, Works, and Buildings, or their A^nt duly
M** ^^^ authorised, of the Intention to take or use any Tenement or
14otioe. ' Hereditament, or any Part thereof, for the Purposes of this

Act, shall have been given, left, or affixed as herein-before is
inentioned^ all and every Body and Bodies Politic, Corporate,
and Collegiate^ Trustee and Trustees, and other Person and
Persons seised, possessed of, or interested in, or authorised by.
this Act to accept and receive Satisfaction or Recompence fbr
the Value of the same^ or any Estate^ Share, or Interest
therein, or Charge thereon, or having or claiming to b^
entitled to any Compensation fbr any Goodwill or Improve-
ments, or for Fixtures, or for any Injury or Damage sustained
on account of the Execution of this Act, shall deliver or cause
to be delivered to the said Commissioners of Her Majestjr's
Woods, Forests, Land Revenues, Works, and Buildings, or by
leaving the same at their Office, a Statement in Writinff of
the Particulars of the Estate, Shares Interest, or Charge i^eh
he, she, or they claim to be entided to, or to be autfaorifeed to
receive Satisfaction or Recompence for, and of the Goodwill^
Improvements which may be lost, and of the Fixture^ and of
the Injury or Damage sustained by him, her^ or them, and of
the Amount of the Sum or Sums of Money whieh^ ha^ die^ or

they

IMd. Meiri^mlu ImpravemenL Capi87i i0t

tbejr may expect and be willing to receive in fiatisfaction or
recompoice for the Value of such Estate^ Siiate^ Interest^ or
Charge, and also the Amount of the Sum or Sums of Money
which h^ she, or they may Expect and be willing to receire as
Compensation for such Goodwill and Improvements and Fiit*
tures, and for such Injury or Damage respectively.

XXXL And be it enacted. That if any Owners or PriD* If Parties re«
prietoRj, Occupiers, Bodies Politic^ Corporate^ or Collegiate^ SlJriiSi n^
Ecclesiastical or Civil, Corporations Aggregate or Sole, Trus- ^^ree,a Jwy
tees, Femes Covert, or any other Perscm or Persons seised, to be sum-
possessed o^ or intenested in any Houses, Buildings, Qround^ moned.
Tenements^ or Hereditaments, or in any Share or Shares^
Estate or Estates, Interest or Interests therein, or Charge or
Charges thereon which the said Commissioners are hereby em-
powered to purchase^ take^ and use for tHe Purposes aforesaid,
shall neglect or refuse to treat, or shall not agree in the Pre-
misesy or by reason of Absence or Disability shall be prevented
from treating with the said Commissioners, or with the Person
or Persons authorized by them, for the Sale and Disposal of
their respective Estates and Interests therein, or cannot be
found or known, or shall not produce and evince a clear Title
to the Premises they may be in the Possession of, or to the
Interest they shall claim therein, to the Satisfaction of the said
Commissioners, then and in every or any such Case the High
Bailiff of the City and Liberty of Westminster or his Deputy ils
regards any Hereditaments which may be situate widiin the
Liberty of fVestrntn^et, and the Sheriff of Middles^ or his
Under Sheriff as regards any other Hereditaments, or in Case
such Sheriff or Under Sheriff; High Bailiff or his Deputy^ shall
be in anywise interested in the Matter in question, then
some one of the Coroners of the County of Middkaex, not
interested therein, shall, upon the Warrant of the said Com^
missioners in manner hereinafter mentioned, and he and they
is and are hereby required and authorized, to cause it to be
inquired into and ascertained upon the Oaths of a Jury of
Twelve indifferent Men of the said City of Westminster as
regards Hereditaments within the said Liberty of Westminster^
and of the said County of Middlesex as regards any other Herch
ditaments, which Oaths the said Sheriff, Under Sherifi^ High
Bailifi^ or his Deputy or Coroner, is and are hereby empowered
aiid required to administer, what Damages will be sustained by
and what Recompence and Satisfaction shall be made to stich
Owners, Occupiers, or other Person or Persons interested, for
the Value of such Houses, Buildings, Grounds, Tenements,
or Hereditaments, and of the proportionable Value of the
respective Estates and Interests of every Person or Persons
seised or possessed thereof or interested therein, or of or in
any Part thereof, and assess and award the Sum or Sums of
Money to be paid to such Person or Persons, Party or Parties
respectively, for the Purchase of such Houses, Buildings^
Ground) Tenements, or Hereditaments, and of such respec*
ttve JBstates and Inte^eest therein^ and also for Goodwill, Im*-

G g 2 provements,

462 Cap. 87. Metropolis Improvement. 3 & 4> Vicr]

proyementSy or any Injury or Damage whatsoever that may
affect any such Person or Persons, JParty or Parties; pro-
vided such Goodwill shall be estimated by what, in the Opinion
of such Jury, the same would have been worth in case the Al-
terations or Improvements intended by this Act had not been
in contemplation, and also for and on account of the taking
of such Houses, Buildings, Ground, Tenements, or Heredita*
ments for the Purposes or under and by virtue of the Autho-
rity of this Act ; and the said Jury, in estimating such Recom*
pence and Satisfaction, shall take into their Consideration the
Increase in Value of the Residue of any Property of which
such Tenements or Hereditaments shall form Part; and in
order thereto the said Sheriff, Under Sheri£^ High Bailiff,
Deputy, or Coroner is and are hereby empowered and re-
quired, from Time to Time as Occasion shall require, to
summon and call before the said Jury, and examine upon
Oath, all and every Person or Persons whomsoever who shall
be thought necessary and proper to be examined as a Witness
or Witnesses touching or concerning the Premises; which
Oath the said Sheriff, Under Sheriff, High Bailiff, Deputy, or
Coroner is and are hereby empowered to administer; and
such Sheriff, Under Sheriff, High Bailiff, Deputy, or Coroner
respectively shall order and cause the said Jury to view the
Places in question, if there be Occasion, and use all other lawful
Ways and Means, as well for his and their own as for the said
Jury's better Information in the Premises, as the said Sheriff,
Under Sheriff, High Bailiff, Deputy^ or Coroner shall think fit ;
and after the said Jury shall have inquired of and ascertained
and settled such Damage, Recompence, and Satisfaction, the
said Sheriff, Under Sheriff, High Bailiff, Deputy, or Coroner
shall thereupon order the Sum or Sums of Money so assessed
by the said Jury to be paid by the said Commissioners to the
said Owners or Occupiers of or other Persons interested
therein, according to such Verdict or Inquisition of the said
Jury; which said Verdict or Inquisition and Order so had
and made shall be final, binding, and conclusive to all Intents
and Purposes, upon and against all Bodies Politic, Corporate^
or Collegiate^ Ecclesiastical or Civil, Corporations A^r^te
or Sole, as well as all other Parties and Persons whom-
soever ; and for the summoning and returning of such Jury
or Juries the said Commissioners are hereby empowered to issufe
their Warrant or Warrants to the said Sheriff, Under Sheriff,
High Bailiff, Deputy, or Coroner, to summon, impannel, and
return, at some convenient Place in the said County of Mid"
dksex or City of fVegtminster (as the Case may be), a Jury of
not less than Thirty-six nor more than Forty-^ight honest and
indifferent Men, qualified according to Law to be returned for
Trials of Issues in Her Majesty's Courts of Record at JVest-
minster^ to appear before the said Sheriff, Under Sheriff, High
Bailiff, Deputy, or Coroner, at such Time and Place as in such
Warrant shall be appointed ; and Fourteen Days Notice at the
least, in Writing under the Hands of the said Commissioners,

of

1849. Melfvpolis Improvement. Cap. 87. .468

of the Time and Place at which such Jury are so required
to be returned, shall be given to such Owners, Proprietors,
Occupiers, Corporations, Trustees, or any other Person or Per-
sons interested in the Premises, before the Time of meeting of
the said Jury, by leaving such Notice at the Dwelling House of
such Person or Persons, or of the Head Officer of such Body
or Bodies Politic, Corporate, or Collegiate, or with some Tenant
or Occupier of the Premises respectively intended to be valued ;
and the said Sheriff, Under Sheriff, High Bailiff, Deputy or
Coroner is and are hereby empowered to impannel, summon,
and return such Number accordingly ; and out of the Persons
so impannelled, summoned, and returned, oy out of such of
them as shall appear upon such Summons, the said Sheriff,
Under Sherifi^ High Bailiff, Deputy, or Coroner shall swear
or cause to be sworn Twelve, who shall be the Jury, for the
Purposes aforesaid ; and in default of a sufficient Number
of Jurymen the said Sheriff, Under Sheriff, High Bailiff,
Deputy, or Coroner shall return other honest and indifferent
Men of the Standers-by, or that can be speedily procured to
attend that Service (being qualified as last aforesaid), to the
Number of Twelve; and it shall be lawful for all Persons
concerned, by themselves, their Counsel, Solicitors, and Agents,
to attend and be heard, and to adduce Evidence before
the said Sheriff, Under Sheriff, High Bailiff, Deputy, or
Coroner respectively ; and such Persons shall also have their
lawM Challenges against any of the said Jurymen when they
come to be sworn, but shall not challenge the Array.

XXXn. And be ft enacted, That if the Owner, Lessee, or Where Pvt of
Occupier of any Tenements or Hereditaments authoriaeed to be ■", ^*^^ "l
taken by virtue of this Act shall not be inclined to sell or ma^er u> be
part with the whole thereof, or of his or her Interest in the valued.
whole thereof, and it shall not be found necessary to take the
whole for the Purposes of this Act, and the said Parties cannot
agree as to the Sum of Money to be paid for the Part which
the said Commissioners, or any Person or Persons authorized
by them, shall not think it necessary to purchase, then and in
such Case the Jury which shall be summoned to value the
Premises shall assess the Value of the whole Premises, accord-
ing to the Condition in which they are at the Time of taking
the View, and also the Value of that Part of the Premises which
will remain after the said Commissioners, or the Person or
Persons authorized by them, have taken away so much as they
shall think necessary for the Purpose of this Act ; and in such
last Valuation the said Jury shall take into their Consideration
the Improvement or* Depreciation which the Remainder of the
Premises is likely to receive or sustain from the Alteration
intended to be made ; and the Jury having made these Two
Valuadons, the Difference between them shall be the Price to
be paid by the said Commissioners for that Part which they
shall have Occasion for, and such Price shall be recorded as
tbe Verdict of the Jury for the Value of the same.

G g 8 XXXIII. And

4M

given of the

Compensation

claimed.

O^pt 87.

Meircpclis JmprwemofL

8&4Vicr.

Penalty on
Sheriflr, High
BailiflT, Jury,
and Witneflses
for Neglect of
Duty.

Jury may assess
Value of Fee
Simple, and
then apportion
Values of re-
qiective In-
terests therein.

XXXIIL And be it enacted, That no Jury to be soimnoned
by virtue of this Act shall be aUowed to assess or award any
Sum or Svims of Money to any Body or Bodies Politic, Cor-
porate, or Collegiate, Person or Persons, by way of Compenaa^
tion for Goodwill or Improvements alleged to have been lost^
or Tenants Fixtures, or any Injury or Damage alleged to
h^ve been sustained by him or them by reason or means of this
Act, or any thing which shall or may be done in the Execution
hereof, unless such a Statement as herein-before is mentioned of
tlie Particulars of every such Claim, and how and ia what Man-
per the Amount thereof is made out and computed, shall have
been given to the said Commissioners, or left at their Office
as aforesaid, by and on behalf of such Person or Persons, Ten
Days at least before the Time of the Meeting of such Jury.

XXXIV, And be it enacted. That if the Sheriff, Under
Sheriff, High Bailiff, Deputy, or Coroner so directed to sum-
mon and return a Jury as aforesaid shall make default in the
Premises, he shall for every such Offence forfeit and pay any
Sum not exceeding Ten Pounds to the Party who shall be pre*
judiced or injured thereby, to be recovered, with full Costs of
Suit, by Action of Debt or on the Case, in any of Her Ma-
jesty^s Courts of Record at Weshnituter ; and if any Person so
summoned and returned as aforesaid upon such Jury shall not
appear, or appearing shall refuse to be sworn or to give his
Verdict, or shall in any other Manner wilfully neglect his Duty,
contrary to the true Intent and Meaning of this Act, or if any
Person so summoned as a Witness shall not appear, or. appear-
ing refuse to be examined or to give Evidence, any Person so
offending, having no reasonable Excuse, to be allowed by the
Justices herein-liter mentioned, shall for every such Offence
forfeit and pay any Sum not exceeding Ten Pounds; which
several and respective Penalties shall and may be levied by
virtue of any Warrant under the Hand and Seal of One of
Her Majesty's Justices of the Peace for the County of MitkBe-
sex or City of Wtstminster^ as the Case may be, by Distress
and Sal^ of the Goods and Chattels of the Persons so offend*
ing, the Person^ making such Distress and Sale rendering to
him or her the Overplus of the Money thereby produced, if
any, after such Penalty and the*Charges of such Distress and
Sale shall be deducted ; and all such Fines shall be paid to the
said Commissioners, to be applied for the Purposes of this Act

XXXV. And be it enacted, That in all Cases in which a
Verdict shall be given for the Value of any Tenements or
Hereditaments, or Share or Shares therein, the Jury shall, if
required so to do by or on behalf of the said Commissioners,
inquire of, assess, and ascertain the Value of the Fee Simple
of the I^idrety of the said Premises, and shall afterwards
apportion and divide the Valuer so ascertained, • between and
among all the different Shares and Charges which shall be
claimed therein, and also between different Pbrts of the said
Tenements or {lereditaments alleged to be held under diffi»-

roit

J 849. .M$ti^epdu Inqmwenmt Cap. 87. 46$

jfeat Titles : Proyided ^Iway^ that the Verdict of any Junr
shall not defeat or prejudice any Contract or Sale which shall
have previously been made of any Share or Charffei although
the Value of the same may be ascertained to be different from
the Amount of the Price, Reeompence, or Satisfiustiqn agreed
to be paid for the same*

XXXVL And be it enacted, That the Jury and Juries so Verdict of
10 be summoned as aforesaid shall award all I)etermination% v^iu of. Lands
Judgments, and Verdicts which they shall make and give in tobeawSrtSed
execution of the Powers hereby vested in them, concerning lepanteiy.
the Value of Tenements or Hereditaments, or of any Share
or ShlMrefi^ Estate or Elstates, Interest or Interests therein, or
any Chai^ or Charges thereon, separately and distinctly from
the Consideration of any Loss of (Goodwill to which the Oo-
eapier may personally be entitled, or any other Loss or
Damage to be sustained by any Person or Persons in conse-
quence of the Execution of any of the Powers of this Act, and
uiall distinguish the Value set upon the Hereditaments, or
Share or Shares, Estate or Estates, Interest or Interests therein^
Charge or Charges thereon, and the Money assessed or adjudged
for such Gh)odwill, Loss, or Damage as aforesaid, separately
and apart firora each other ; and when any Money shall be
assessed or adjudged for such (Goodwill, Loss, or Damage as
afiarasaid, the Jury shall, if required by the said Commissioners^
award and declare whether tne Statement delivered by the
Claimant or Clainuints of the Manner in which any Amount
of the Money which shall have been demanded as a Compen-
sation for the same has been computed and made up gave suffi*
dent Particulars to enable the said Commissioners to make a
proper Offer.

XXXVIL And be it enacted, That in case any Jury to be Pnmding for
summoned and sworn pursuant to the Authority of this Act J^^^°<^ ^
shall give in a Verdict or Assessment for more Money as a
Reoompenoe, Compensation, or Satisfaction for the Rights,
Interests, or Property of any Person or Persons in any such
Houses, Buildings, Ground, Tenements, or Hereditaments, or
for any such Goodwill, Improvements, Injury, or Damage as
aforesaid, than shall have been agreed to be given and offered
for the same in the Aggregate by the said Commissioners
before the summoning and returning of such Jury, or where^ by
reason of Absence in Foreign Countries, or other Incapacity or
Dtsabili^ as aforesaid, there shall not be found any Person or
Persons legally capacitated to enter into any Contract with the
said Commissioners, then and in every such Case all the reason-
able Costs, Chaiges, and Expenoes of causing and procuring
such Reoompence, Compensation, or Satisfaction to be assessed
by a Jvary shall be settled by the Sheriff, Under Sheriff, High
Bailiff, Deputy, or Coroner before whom such Claim shall
have been tried, and shall be paid by the said Commissioners ;
but in eveiy Case in which any Jury so summoned and sworn as
aforesaid shall be of opinion that the Statement delivered by
the Claimant or Claimants of the Manner in which any

G g 4 Amount

466 C8p.87. Metrcpolis lupravement 3&4yit:fi.

Amount of Money which shall have been denianded bb a
Compensation has been computed and made up (Ud not give
sufficient Particulars to enabLe the said CommissicHiers to make
a proper OfPer, and in every other Case in which any sodi
Jury shall give in a Verdict or Assessment for no more or
for less Money as such Recompence, Compensation, or Satis&c*
tion as aforesaid than shall have been agreed to and offered by
the said Commissioners in the aggregate for the same before
the summoning and returning of the said Jury, or in case no
Damages shall be given by the Verdict where the Dispute is
for Damages only, or where the causing or procuring such
Jury to be summoned shall have arisen from a Refusal to treat
or agree with the said Commissioners by any Body or Bodies
Politic, Corporate, or Collegiate, or by any Person or Persons
whomsoever, who is or are by the Provisions of this Act or
otherwise legally empowered to treat, then (except where by
reason of Absence such Person shall be prevented from treating
with the said Commissioners) all such Costs, Charges, and
Expences, to be settled by such Sheriff, Under Sheriff, High
Bailiff, Deputy, or Coroner in manner aforesaid, shall be pud
to the said Commissioners by the said Body or Bodies Politic,
Corporate, or Collegiate, or other Person or Persons so claim*
ing such Compensation, or refusing to treat and agree as before
mentioned respectively (save only and except where by reason
of Absence or other like Cause any Person ^all have been pre-
vented from treating or agreeing as aforesaid), in which Case
no Costs, Charges, or Expences shall be allowed to either Party
as against the other; and all Costs, Charges, and Expences
hereby directed to be paid to the said Commissioners shall and
may be deducted and retained by them out of the Mon^ so
adjudged or assessed to be paid by them as so much Money
advanced to and for the Use of the Person and Persons entitled
to such Money so adjudged, and Payment or Tender of the
Remainder of such Money shall be deemed and taken to be
a Payment or Tender of the whole Sum or Sums so adjudged
or assessed; or in case no Money or no sufficient Sum of
Money shall be awarded or assessed to be paid by the said
Commissioners whereout such Costs, Charges, and Expences
am be deducted, then the same shall and may be recovered
by virtue of any Warrant under the Hand and Seal of One
of Her Majesty's Justices of the Peace for the County of Mid'
xllesex or City of JVestndntter (as the Case m^ be), by Distress
and Sale of the Goods and Chattels of the Person or Persons
liable to the Payment of the same, the Party making such
Distress and Sale rendering to such Person or Persons as
aforesaid the Overplus of the Money thereby produced (if
any), after such Costs, Charges, and Expences, and the Charges
such Distress and Sale, shall be deducted.
Verdicts to be XXXVIU. And be it enacted. That a Minute or Docket of
^^^^^^^ ; all the said Judgments and Verdicts shall be recorded ih the

Office of the Commissioners of Her Majesty's Woods, Forests,
Land Revenues, Works, and Buildings, and all such Judgments

and

184ft»'^ MeiropolU Improvement* Cap.87» 467

and Verdieta shall be afterwards deposited with the Clerk of die
Peaise of the said County of Middlesex^ or the said City and
Liberty of IVesiminiter^ (as the Case may be^) to be kept and
preserved by him amongst the Records of the Quarter Sessions
of the said County and City and Liberty, and shall be deemed
to be Records to all Intents and Purposes whatsoever ; and
the same^ or true Copies thereof, shall be allowed to be sood
Evtcience in all Courts whatsoever ; and all Persons shall have
Liberty to inspect the same, paying for such Inspection the
Sam of One Shilling, and to take Copies thereof, paying for
every Copy the Sum of Sixpence for every Seventy-two Words,
and so in proportion for any less Number of WordEL

XXXIX. And be it enacted, That if in any Case the Owner Ccmmiiauoiicn
or Owners of any House or Building, or of any Yard or Cur- *"'TJ[^^**
tiiage occupied therewith, Part only of which Premises shall whole of the
at any Time be required by the said Commissioners to be ap- Premises, if
plied for the Purposes aforesaid, shall be unwilling to sell or ^^ ?J^*"S
dispose of such Part only of such House, Building, Yard, or ]["p^|"^
Curtilage as shall be required by the said Commissioners,
it shall and may be lawful for the said Commissioners, and
they are hereby required, at the Option of any Owner or
Oiniers of any such House, Building, Yard, or Curtilage, to
purchase of and from the said Owner or Owners the Whole
or sueh Part thereof over and above such Part thereof as may
be wanted for the Purposes of this Act as such Owner or
Owners shall think fit, and to apply so much and such Part'
thereof as they the said Commissioners, with such Consent and
Approbation as aforesaid, shall see fit, for the Purposes afore-
said; and that if such Owner or Owners shall not or cannot
agree with the said Commissioners for the Price to be paid for
the Purchase of the Whole or such Part thereof as aforesaid of
such House, Building, Yard, or Curtilage, then the Value
thereof shall be settled and ascertained by a Jury in such
Manner as the Price for any Premises to be taken in pursuance
of this Act is directed to be settled and ascertained, and all
such other Proceedings shall take place respecting the said
Premises as are herein-before mentioned and directed with
respect to the Premises the Value of which shall be ascertained
by a Jury in the manner aforesaid.

XL. And be it enacted, That in all Cases in which any Per- PerKms hold-
son or Persons shall claim any Satisfaction or Compensation for >Dg ^""^
or in respect of any unexpired Term or Interest which he^ she, JlJJ|J^° ^"^
or they shall claim to be possessed of or entided unto in any
Tenements or Hereditaments intended to be taken or used under
the AuthiHri^ of this Act, under or by virtue of any Demise
or Lease^ or Agreement for Demise or Lease, or Grant thereof,
the said Commissioners are hereby authorized to require such
Person or Persons to produce or show the Demise or Lease,
or Agreement for Demise or Lease, or Grant, in respect of
which such Claim to Satisfaction or Compensation shall be
made, or the best Evidence thereof in his, her, or their Power;
and if such Demise or Lease, or Agreement for Demise or

408 Cap. 87* MOrapgKs ImpravemMt 3&4.Vi€Xiv

Lease, or Onmt^ or such best Eiddenee thereof as sforesaidy
shall not be produced or shown within Twenty«-one Days after
Demand made by the said Commiasionersi or any Person by
them authorised, the Person or Persons daiming such Satis-
fiu)tion or Compensation shall be considered and treated as
holding only from Year to Year,
For settling XLI. And be it enacted, That in ease any Difference shall

SlraaMto^ arise between, the said Conimissioners and any of the Owners
small Amount, or Oooupiers of the Property to be taken or used for the Pur-
poses of this Act, as to the Amount or Value of the Damages
done by the said Commissioners, their Agents or Workmen, to
such Property, in the Execution of any of the Powers of this
Act, and such Difference cannot be adjusted and settled between
the Parties, the same shall, in case the Amount of Damages
claimed does not exceed the Sum of Fifty Pounds, be ascertained
and determined by some Two or more Justices of the Peace
for the City of Weitminskr ir the Property is situate hi that
City, and for the County of Middkmx if the Property is out
of the City, who, upon Application made to them by both or
either of the said Pities, shall examine into the Matter in
dispute, and shall determine and settle the Amount of Com-
pensation which shall be paj^ble by the said Commissioners ;
and such Magistrates may examine Witnesses, and administer
Oaths, in all respects, and with the same Consequences as to
false swearing, as if the same were a judicial Matter brought
before them on which they were by Law entitled to adjudicate.
Commissionen XLIL Provided always, and be it enacted, That all Sunis
not to take ^f Money, or other Consideration, Recompence, or Satisfactioii,
Sr^n^iue ^ ^^ made or paid pursuant to any such Agreement or Verdict
Monies are as aforesaid, shall be paid or tendered to the Party or Parties
tendered or entitled to the Same, or into the Bank of Enpltrnd^ as ber^n
^ mentioned, before the said Commissioners, or any Person or

Persons authorized by them, shall proceed to take possession

or pull down any House or Houses or other Erections or Build*

ings comprised in or affected by such Agreement or Verdict

respectively, or to use th^ Ground for any of the Purposes of

this Act.

Commissioners XLUI. And be it enacted, That if any Body or Bodies,

faSr*^^'^**^ Person or Persons, seised or possessed of or interested in any

on Paynttnrof ^"ch Tenement or Hereditaments, or Share or Shares, Estate

Purchase or Estates, Interest or Interests tiierein, or Charge or Chaiges

Bank of]^*^* thereon, as aforesaid, cannot be found, or shall not be known

land. °^' or ascertained, or shall not be able to make a good Title to the

Premises to the Satis&ction of the said Commissioners, or shall
refuse to execute a Conveyance or Conveyances thereof then
and in any of such Cases, upon Payment of such Sum or Sums
of Money as shall have been contracted and agreed, or shall
have been assessed and awarded by any Referee or R^erees, or
bv any Jury or Juries, in manner aforesaid, to be paid for the
Purchase <^ or for the Value of the same Premises, into the
Bank of England^ as herein*-after directed and required, (in ease
the si^ne shall be reijuisite^) for the Use of such Person or

Persons

184A. JlfSrfNjpdEM imjmwcfii^ Gap. 87. 4M*

Penons wo interested in or entitled fti afbreiald, lueb Tene*
ments or Hereditaments, or Parts, Shares, Estates, Interests, or
Charges, and the Fee Simple and Inheritance thereof, togedier
with the yearly Frofiu thereof, and all the Estate, Righ^ Title^
Interest, Use, Trust, Property, Claim, and Demand in Law and
£quity of the Body or Bodies, Person or Persons, or upknown
Person or Persons, to whose Credit such Money* shall be paid
in, to, and out of tbe Tenements, Hereditaments, and Premises
to be purchased as aforesaid, shall from thenceforth vest in the
said Commissioners and their Successors, who shall be deemed
in Law to be in the actual Seisin and Possession thereof, to all
Intents and Purposes, freed and diseharged from all former and
other Estates, Rights, Titles, and Interests, Claims, and De»
mands, as fliUy and effectually as if every Body or Person
baying any Estate in the Premises had actually oonveyed the
■ame by Lease and Release, Bargain and Sale enrolled, and
with the Assent of any Protector of the Settlement whose Assent
might be necessary, or Feoffinent with Livery of Seisin, or any
such Conveyance or Assurance whatsoever ; and such Pajrment
shall not only bar all Right, Title, Interest, Claim, and Demand
of the Body or Bodies, Person or Persons, or unknown Person
er Persons, of, in, and to the same Premises, to whose Credit
such Pkymait or Tender shall have been made, but also shall
extend to and be deemed and construed to bar the Dower and
Dowers of the Wife and Wives of such Person or Persons, and
all Estates Tally and other Estates in Possession, Reversion,
Remainder, Expectancy, or Contingency, and the Issue and
Inues of such Person or Persons, and every other Person
whomsoever ; and the same Premises shall and may thereupon
be pulled down, made use of, and employed for the Purposes
a&resaid, according to the Direction of the said Commissioners,
and under the Regulations of thb Act mentioned and cqn-
tained.

XLIV. And be it enacted. That if any Money shall be AppiicaUon
agreed or assessed to be paid for any Houses, Buildings, ^J'""'^
Ground, Tenements, or Hereditaments, or Part or Parts thereof, amolmting^to
or Share or Shares, Estate or Estates, Interest or Interests 2002. '
therein, or Charge or Charges thereon, or for any other Right,
Matter, or Interest, of what Nature or Kind soever, purohaused,
taken, or used by virtue of this Act, which shall bdong to any
Body Politic, Corporate, or Collegiate, Feme Covert, Infant,
Lunatic, or other Person or Persons under any Disability or
Incapacity, or not legally entitled absolutely to dispose .of the
Premises by the Sale of which such Money shall be produced,
'such Money shall, in case the same shall amount to or exceed
the Sum of Two hundred Pounds, with all convenient Speed
be paid into the Bank of [England^ in the Name and with the
Privity of the Accountant General of the Court of Exohequei^
to be placed to his Account there ex parte the said Commissioners,
pursuant to the Method prescribed by an Act passed in the
First Year of the Reign of His late Majesty King Oemye the
Fourth^ intituled An Ad fir the beHer eeourinff the Mmies and 1 G. 4, c 35.

Effects

470 Cap. 87. Metropdis hnprwrnMOiL 3 & 4 Vicr*

Effects paid into the Court of Exchequer at Westminster or acoount
of the Suitors of the said Court, <md for the Appointment cjf an
Accountant General and Two Masters of the said Courts and fir
other Purposesy and the general Orders of the said Court, laiid
without Fee or Reward ; to the Intent that such Money shall be
applied, under the Direction and with the Approbation of the
said Court, ta be signified by an Order made upon Petition to
be preferred in a summary Way by the Body or jSodies, Person
or Persons, who would have been entitled to the Rents and
Profits of the said Houses, Buildings, Ground, Tenements, or
Hereditaments, in the Purchase or Redemption of the Land
Tax, or towards the Discharge of any Debt or Debts, or such
other Incumbrances, or Part thereof, as the said Court shall
authorize to be paid, affecting the same Houses, Buildings,
Ground, Tenements, or Hereditaments, or Part or Parts thereof
or Share or Shares, Estate or Estates, Interest or Interest
therein, or Charge or Charges thereon, or affecting other
Houses, Buildings, Ground, Tenements, or Hereditaments
standing settled Uierewith to the same or the like Uses, Trusts,
Intents, or Purposes; or where such Money shall not be so
applied, then the same shall be laid out and invested, under the
like Direction and Approbation of the said Court, in the Pur-
chase of other Messuages, Lands, Tenenients, or Hereditaments,
which shall be conveyed and settled to, for, and upon suck
and the like Uses, Trusts, Intents, and Purposes, and in the
same Manner, as the Hereditaments which shall be so purchased,
taken, or used as aforesaid stood settled or limited, or such of
them as at the Time of making such Conveyance or Settlement
shall be existing undetermined and capable of taking effect;
and in the meantime, and until such Purchase shall be made^
the said Money shall, by Order of the sdd Court, upoa
Application thereto, be invested by the said Accountant General
in his Name in the Purchase of Three Pounds per Centum
Consolidated or Three Pounds per Centum Reduced Bank
Annuities ; and in the meantime, and until the Bank Annuities
shall be ordered by the said Court to be sold for the Purposes
aforesaid, the Dividends of the said Consolidated or Reduced
Bank Annuities shall from Time to Time be paid, by Order of
the said Court, to the Body or Bodies, Person or Persons, who
would for the Time being have been entitled to the Rents
and Profits of the Houses, Buildings, Ground, Tenements,
and Hereditaments so hereby directed to be purchased in case
such j^urchase or Settlement were made.
^Vhen lentium XLV. Provided also, and be it enacted, That if any Money
200/. and ^ agreed or assessed to be paid for any Houses, Buildings^

nuountiog to Q|.Quudg^ Tenements, or Hereditaments, or Part or Parts thereof^

or Share or Shares, Estate or Estates, Interest or Interests
therein, or Charge or Charges thereon, purchased, taken, or
used for the Purposes aforesaid, belonging to any Corporation^
or to any Person or Persons under Disability or Incapacity as
aforesaid, shall be less than the Sum of Two hundred Pounds
and shall amount to or exceed the Sum of Twenty Pounds

then

1840. MdropoHs Improvement. Gap. 87* 471

then and in all such Cases the same shaQ, at the Option of

the Body or Bodies, Person or Persons, for the Time being

entitled to the Rents and Profits of the Hereditaments, or

Parts, Shares, Estates, Interests, or Charges, so purchased,

taken, or used, or of his, her, or their Guardian or Guardians,

Committee or Committees, in case of Infancy or Lunacy, to be

signified in Writing under their respective Hands, be paid into

the Bank of EngUmd in the Name and with the Privity of the *

said Accountant General of the Court of Exchequer, and be

jdaced to his Account as aforesaid, in order to be applied in

manner herein-before directed ; or otherwise the same shall be

paid, at the like Option, to Two or more Trustees, to be

nominated by the Body or Bodies, Person or Persons, making

such Option, and approved of by the said Commissioners, such

Nomination and Approbation to be signified in Writing under

the Hands and Seals of the nominating and approving Parties,

in order that such Principal Money, and the Dividends arising

tliereon, may be applied in manner herein-before directed, so

fiur as the Case may be applicable, without obtaining or being

required to obtain the Direction or Approbation of the said

Court of Exchequer.

XLVI. Provided always, and be it enacted. That where When leas than
snch Money so agreed or assessed to be paid as herein-before ^^'
mentioned shall be less than Twenty Pounds, then and in all
such Cases the same shall be applied to the Use of the Body
or Bodies, Person or Persons, who would for the Time being
have been entided to the Rents and Profits of the Hereditaments,
Parts, Shares, Estates, Interests, and Charges, so purchased,
taken, or used for the Purposes of this Act, in such Manner as
the said Commissioners shall think fit ; or in case of the Infancy
or Lunacy of such Person or Persons, then such Money shall be
paid to his, her, or their Guardian or Guardians, Committee or
Committees, to and for the Use and Benefit of such Person or
Persons so entitled respectively.

XLVIL And be it enacted, That in case the Body or Bodies, In cue of not
Person or Persons, to whom any Sum or Sums of Money shall ^S^ °"*
be agreed to be paid, or shall be awarded by any Referee or
Referees, or Umpire, or by any Jury or Juries, for the Purchase
of any Tenements or Hereditaments, or any Parts, Shares,
Estates, or Interests therein or Charge thereon, to be purchased,
taken, or used by virtue of this Act, shall not be able to make
a good Title to the Premises to the Satisfaction of the said
Commissioners, or shall refuse to execute a Conveyance or
Assignment thereof, or in case the Person or Persons to whom
such Sum or Sums of Money shall be so agreed or awarded to
be paid as aforesaid cannot be found, or if the Person or Persons
entided to such Houses, Buildings, Ground, Tenements, or
Hereditaments, Parts, Shares, Estates, Interests, orfCharges, be
not known or discovered, then and in every such Case it shall
and may be lawful for the said Commissioners to pay the said
Sum or Sums of Money so awarded or agreed to be paid as
aforesaid into the Baii^ of JBaighmd^ in the Name and with the

Privity

473 CSap. 874 MOrgpolii Imphwemmii. 8 & 4 Vtc^«

Privily of the AbcoUntftnt Oenerttl of the said Court of Exche-
quer^ to be placed to his Acebunt to the Credit of the F&rty or
Parties^ if knowti^ who bhall be interested in the said Tenements
or Hereditaments, Pafts, Shares, Estates, Interests, or Charges^
(describing such Tenements or Hereditaments,) but if such
Party or thirties shall not be known, then to the Ci^it of
the said Comitiissioners, subject to the Orders Control, or
* Disposition of the said Court of Exchequei* ; which said Court,

on the Application of any Body or Bodies, Person or Persons^
making claim to any such Bum or Sums of Money, ot any
Part thereof) by Motion ol* Petition, shall be and the same is
hereby empowered, in a summahr Way of Proceeding or
otherwise, as to the same Court shall seem meet, to order the
same to be laid out and invested in the Public Funds, or to
order Distribution thereof, or Payment of the Dividends thereof
according to the respective Estate or Estates, Tide or Interest
of the Sody or Bodies, Persoti or Persons, making claim
thereutito^ and to make such other Ordet in the Premises as
to the said Court bhall seem just and reasonable; and the
Cashier or Cashiers of the Bank of Bngbuid who shall receive
such Sum or Sums of Money is and are hereby required to
give a Receipt ot Receipts for such Sum or Sums of Money,
mentioning ahd specifying for what the same is or are received,
to such Pei*son or Persons as shall pay any such Sum or Sums
of Mbney into the Bank as aforesaid.
Where any XLVIIL Provided always, and be it enacted. That where

^tTcS ^^ Question shaU arise touching the Title of any Body or
the Title the Bodies, Persou or Persbiis, to any Mbney to be paid into the
Person in Pos- Bank of England in the Name and ^ith the Privity of the
d^^'tnStl^ Accountant General of' the Court of Exchequer, in pursuance
until the con- of this Act, for the Purchase of any Houses, Buildings, Ground^
trary be shown. Tenements, or Hereditaments^ or Part or Parts thereof, or

of any Estate, Right, Title^ Charge^ or Interest in, to^ or upon
any l^enements or Hereditaments to be purchased or taken in
pursuance of tliis Act, or to any Bank Annuities to be purchased
with any such Money, or to 'the Dividends of any such Bank
Annuities, the Body or Bodies, Person or Persons, who shall
have been in I^ossession of such Houses^ Buildings, Ground^
Tenements^ or Hereditaments, Parts, Shares, Estates, Interests,
or Charges, at the Time of such Purchase^ and all Body or
Bodies, Person or Persons, claiming ilnder such Body or Bodies,
Person or Persons, or under the Possession of such Body or
Bodies, Persoh or Persons, shall be deemed and taken to have
beeii lawfully entitled to such Houses, Buildings, Ground,
Tenements^ and Hereditaments, Parts, Shares, Estates, Interests,
or Charges, according to such Possession, until the contrary
shall be shown to the Satis&ction of the said Court itf Elxche-
quer ; and the Dividends or Interest of the Bank Annuities to
be purchased with such Mohey, and also the Capital of such
BaUK Annuiti^ shall be paid, applied, and disposed of accord-
ingly^ unless it shall be maide appear to the said Court diat such
> Pbssessiou was a wrongful Possession, and that some other I^nr^
k son

1840. MBtropolU tnipravemeiiL Cap^ST. 47S

son or Persons was ot were lawfully entitled to such Houies^
Buildings, Ground, Tenements, or Hereditameiits, or Pfeurt br
Pains thereof, or to some Estate or Interest therein, or Charge
thereon.

XLIX* Provided also, and be it enacted, That where bj Court of Ex-
reason of any Disability or Incapacity of the Body or Bodies^ chequer may
Trustee or Trustees, Corporationi or other Person or Persons ofRire^^^
entitled to any Houses, Buildings, Ground, Tenements^ or Here- be paid by the
ditaments^ or Part or Parts thereof, or Share or Shares, Estate Commiarioners.
or Estates, Intertet Or Interests therein, or Charge or Charges
thereon, to be purchased or taken under the Auuiority of ^is
Act, the Purchase Money for the same shall be required to be
paid into (he Bank of England iti the Name and with the Privity
of the Accountant General of the Court of Exchequer^ and to
be applied in the Purchase of other Land% Tenements^ or
Hereditaments, to be settled to the like Uses in pursuAtlcie of
this Act, it shall be lawful for the said Court to order the
Expences of all Purchases from Time to Time to be made in
pursuance of this Act^ or so much of such Expences as the said
Court shall deem reasonable^ to be paid by the s&id Cbknmis*
sioners, who shall from Time to Time pay such Sum or Sums of
Moneys out of the Monies applicable to the Purposes of this Aet^
as the said Court shall direct

L. And be it enacted. That where the Money awarded to Where the
be paid for any Tenements or Hereditaments which shall be T**^?^" ^*^®®"
taken for the Purposes of this Act shall be paid into the Baiik Jl\ ReDt^y-
of England in manner herein-before directec^ in consequence df able out of
a irood Tide not having beeil made to such Tenements or Here^ other Estate
ditementB to the Satis^cUon of the said CotntniBsioners or any ^tii;!^^^
Person or Persons authorised by them, by reason of the same quired for the .
Tenements or Hereditaments respectively being subject) to- ^""^^Jtr^
gether with other Hereditaments not required for the Put'poses Money pai/
of this Act, to a Rent payable to some Body or Bodies Politic^ into the Bank
Corporate* or Cellmate, Person or Persons, unable or unwillinir 1° ^ ^ **V*

'i • r. ^ 4 m . TT j» * ,^ in the Purchase

to release therefrom the Tenements or Hereditaments so to be of other Estates,
taken, then and in every or any such Case the Tehements or which shaU be
Hereditamente for the Value of which the Money to be paid '^^^^^^'^
into the Blink, together with the Money (if any) to be retained s^nie Manner.
for Costs and Charges under the Authority of this Act, shall
be assessed and awarded to be paid, shall be and are hereby
released and for ever discharged from such Rent, and all Claims
and Demands in respect thereof; and the Money to be paid
into the Bank of England shall be laid out and invested under
the Direction and with the Approbation of the Court of £x«
chequer, to be signified by an Order made upon a Petition to
be preferred in a summary Way by the Body or Bodies^ Person
or Persons, who would have been entitled to the Rents luid
Profits of the Tenements and Hereditaments for the Value of
which such Money respectively shall have been paid as afot-e*
said^ in the Purchase of other Tenements or Hereditaments,
which shall be conveyed and settled (subjecti together With
tech other Tenements or Hereditaments) to suoh Rettt,) \p thti

like

474

Cap: 87.

Metropolis Iwpronemad,

3&4Vicr.

Power to pur-
chase the Re-
lease of Here-
ditaments
iranted firom
Rents charged
Ibefion*

like Uses, Trusts, Intents, and Porposes, and in the same
Manner, as the Tenements or Hereditaments so to be taken as
aforesaid stood settled or limited, or such of them as at the
Time of making such Conveyance and Settlement shall be
existing undetermined and capable of taking effect ; and in the
meantime, and until such Purchase shall be made, the said
Money shall, by Order of the said Court, upon Application
thereto, be invested by the Accountant General of the said
Court, in his Name, in the Purchase of Three Pounds per
Centum Consolidated or Three Pounds per Centum Reduced
Bank Annuities; and in the meantime, and until the Bank
Annuities shall be ordered by the said Court to be sold for the
Purposes aforesaid, the Dividends and annual Produce of the
said Bank Annuities shall from Time to Time be paid, by
Order of the said Court, to the Body or Bodies, Person or
Persons, who would for the Time being have been entitled to
the Rents and Profits of the said Tenements or Hereditaments
hereby directed to be purchased in case such Purchase and
Settlement were made ; and the Tenements or Hereditaments
so to be purchased and settled shall be subject to the Rent to
which the same shall be declared as aforesaid in the Conveyance
and Settlement thereof to be subject, in the same Manner, to
all Intents and Purposes, as the Tenements or Hereditaments
taken or to be taken for the Purposes of this Act as aforesaid
were subject thereto ; and the Body or Bodies, Person or Per-
sons, to whom such Rent shall be payable, shall have such
and the same Powers and Remedies for enforcing the Payment
thereof or of any Part thereof, out of or upon the Tenements
or Hereditaments to be comprised in such Conveyance and
Settlement, and declared to be subject thereto, as they, he^ or
she would have been entitled to if such Rent had originally been
reserved out of or charged upon the same, instead of the Tene-
ments or Hereditaments to be taken for the Purposes of this
Act, and in the same Manner, to all Intents and Purposes, as
such Rent was reserved out of or charged upon such last-men-
tioned Tenements or Hereditaments, together with the other
Tenements or Hereditaments subject thereto; and in the
, meantime, and until such Purchase shall be made, it shall be
lawful for the said Court of Exchequer, if the said Court shall
think proper, upon Application thereto, to order any Part of
the Dividends and annual Produce of the Bank Annuities in
which the said last-mentioned Money shall be invested to be
paid from Time to Time to the Body or Bodies, Person or Per-
sons, for the Time being entitled to the said Rent, in discharge
thereof or Part thereof, as the Case may be.

LI. And be it enacted. That where any Tenements or
Hereditaments purchased or wanted or intended to be pur-
chased by the said Commissioners shall be subject, solely, or
jointly with other Tenements or Hereditaments not intended
or wanted to be purchased, to or with any Rent Service, Rent-
charge, or Chief Rent^ or other Rent, Payment, or Incum-
brance^ it shall be lawful for the said Commissioners of Her

Majesty's

1840. Metrcpolis Improvement. Cap. 87. 475

Majest/s Woodsi Forests, Land Revenues, Works, and Buildings
to agree for the Release of the Tenements or Hereditaments so
purchased or wanted or intended to be purchased from such
Rent, Payment, or Incumbrance, and also (where necessary or
conyenient) for an Apportionment of such Rent, Payment, or
Incumbrance for such gross Sum as shall be agreed upon
1>ecween the said Commissioners and the Party who, under the
Provisions of this Act, shall agree to sell or apportion the
same, and which Agreement may be entered into by all Persons
and Corporations by this Act authorized and empowered to sell
or convey Lands, and the Monies to be paid shall be paid and
applied in manner herein-before directed with regard to the
Purchase Monies on the Sale of Lands ; and in case any Di&
lerence shall arise respecting the Value of such Rent, Payment^
or Incumbrance, or respecting the Apportionment thereof^ the
same shall be determined by a Jury, if required, in like Manner
as the Price of Lands is by this Act directed to be settled in
case of Dispute as to the Value thereof; which Jury shall assess
and determine the Value of the Rent, Payment, or Incumbrance
aiFecting the Tenements or Hereditaments purchased or wanted
or intended to be purchased, and shall also (where necessary
or convenient) apportion the Rent, Payment, or Incumbrance
afiecting the Tenements or Hereditaments jointly subject to
the Rent, Payment, or Incumbrance, as herein-before men*-
tioned, accoraing to the respective Values of the Tenements
or Hereditaments purchased or wanted or intended to be
purchased, and of the Tenements or Hereditaments not pur-
chased or wanted or intended to be purchased by the said
Commissioners ; and all Contracts, Conveyances, and Assurances
which shall be made by and between or to the said Commissioners
and any such Party as aforesaid respecting such Release shall
be valid and effectual in the Law, and shall extinguish the
Whole or a proportionate Part of such Rent, Payment, or
Incumbrance (as the Case may be) : Provided always, that
where the Party entitled to such Rent, Payment, or Incum-
brance shall consider the remaining Part of the Tenements or
Hereditaments so jointly subject, and the same shall in fact be,
a sufficient Security for such Rent, Payment, or Incumbrance,
and shall be willing to release the Tenements or Hereditaments
so purchased by the said Commissioners therefrom, then and in
such Case it shall be lawful for the Party entitled by this Act
or capacitated to apportion such Rent, Payment, or Incum*
brance, or to release the Tenements or Hereditaments so
purchased therefrom, (with the Consent of the Owner of the
Lands so purchased, and also of the Owner of the Tenements
or Hereditaments so jointly subject as aforesaid,) to release
the Tenements or Hereditaments so purchased as aforesaid from
the Rent, Payment, or Incumbrance so affecting the same as
aforesaid jointly with other Tenements or Hereditaments, on
condition or in consideration of such other Tenements or
Hereditaments continuing or remaining wholly and exclusively
subject to the whole of such Rent, Paymelit, or Incumbrance :
Provided also, that when any of the Tenements or Heredita-
[No. Qh Price Sdl] H h ments

474 Cap: 87. Metropolis Improvement 3 & 4 Vicr.

like UseS) Trusts, Intents, and Porposes, and in the same
Manner, as the Tenements or Hereditaments so to be taken as
aforesaid stood settled or limited, or such of them as at the
Time of making such Conveyance and Settlement shall be
existing undetermined and capable of taking effect ; and in the
meantime, and until such Purchase shall be made, the said
Money shall, by Order of the said Court, upon Application
thereto, be invested by the Accountant General of the said
Court, in his Name, in the Purchase of Three Pounds per
Centum Consolidated or Three Pounds per Centum Reduced
Bank Annuities; and in the meantime, and until the Bank
Annuities shall be ordered by the said Court to be sold for the
Purposes aforesaid, the Dividends and annual Produce of the
said Bank Annuities shall from Time to Time be paid, by
Order of the said Court, to the Body or Bodies, Person or
Persons, who would for Uie Time being have been entitled to
the Rents and Profits of the said Tenements or Hereditaments
hereby directed to be purchased in case such Purchase and
Settlement were made ; and the Tenements or Hereditaments
so to be purchased and settled shall be subject to the Rent to
which the same shall be declared as aforesaid in the Conveyance
and Settlement thereof to be subject, in the same Manner, to
all Intents and Purposes, as the Tenements or Hereditaments
taken or to be taken for the Purposes of this Act as aforesaid
were subject thereto ; and the Body or Bodies, Person or Per-
sons, to whom such Rent shall be payable, shall have such
and the same Powers and Remedies for enforcing the Payment
thereof or of any Part thereof, out of or upon the Tenements
or Hereditaments to be comprised in such Conveyance and
Settlement, and declared to be subject thereto, as they, he^ or
she would have been entitled to if such Rent had originally been
reserved out of or charged upon the same, instead of the Tene-
ments or Hereditaments to be taken for the Purposes of this
Act, and in the same Manner, to all Intents and Purposes, as
such Rent was reserved out of or charged upon such last^men-
tioned Tenements or Hereditaments, together with the other
Tenements or Hereditaments subject thereto; and in the
. meantime, and until such Purchase shall be made, it shall be
lawful for the said Court of Exchequer, if the said Court shall
think proper, upon Application thereto, to order any Part of
the Dividends and annual Produce of the Bank Annuities in
which the said last^-mentioned Money shall be invested to be*
paid from Time to Time to the Body or Bodies^ Person or Per-
sons, for the Time being entitled to the said Rent, in discharge
thereof or Part thereof^ as the Case may be.
Power to pur. LI. And be it enacted. That where any Tenements or
kiuK ofHml Hereditaments purchased or wanted or intended to be pur-
ditamento chased by the said Commissioners shall be subject, solely, or

wuitad from jointly with other Tenements or Hereditaments not intended
RwitodiMgod ^ wanted to be purchased, to or with any Rent Service, Rent-

charge, or Chief Rent^ or other Rent, Payment, or Incum-
brance! U shall be lawful for the said Commissioners of Her

Majesty's

1840. MeircpolU Impdtavement. Cap. 87. 475

Majest/s Woods, Forests, Land Revenues, Works, and Buildings
to agree for the Release of the Tenements or Hereditaments so
purchased or wanted or intended to be purchased from such
Rent, Payment, or Incumbrance, and also (where necessary or
convenient) for an Apportionment of such Rent, Payment, or
Incumbrance for such gross Sum as shall be agreed upon
between the said Commissioners and the Party who, under the
Provisions of this Act, shall agree to sell or apportion the
same^ and which Agreement may be entered into by all Persons
and Corporations by this Act authorized and empowered to sell
or convey Lands, and the Monies to be paid shall be paid and
applied in manner herein-before directed with regard to the
Purchase Monies on the Sale of Lands ; and in case any Di&
ference shall arise respecting the Value of such Rent, Payment^
or Incumbrance, or respecting the Apportionment thereof, the
same shall be determined by a Jury, if required, in like Manner
as the Price of Lands is by this Act directed to be settled in
case of Dispute as to the Value thereof; which Jury shall assess
and determine the Value of the Rent, Payment, or Incumbrance
affecting the Tenements or Hereditaments purchased or wanted
or intended to be purchased, and shall also (where necessary
or convenient) apportion the Rent, Payment, or Incumbrance
aifecting the Tenements or Hereditaments joindy subject to
the Rent, Pavment, or Incumbi*ance, as herein-before men*-
tioned, according to the respective Values of the Tenements
or Hereditaments purchased or wanted or intended to be
purchased, and of the Tenements or Hereditaments not pur-
chased or wanted or intended to be purchased by the said
Commissioners ; and all Contracts, Conveyances, and Assurances
which shall be made by and between or to the said Commissioners
and any such Party as aforesaid respecting such Release shall
be valid and effectual in the Law, and shall extinguish the
Whole or a proportionate Part of such Rent, Payment, or
Incumbrance (as the Case may be) : Provided always, that
where the Party entitled to such Rent, Payment, or Incum-
brance shall consider the remaining Part of the Tenements or
Hereditaments so jointly subject, and the same shall in fact be,
a sufficient Security for such Rent, Payment, or Incumbrance,
and shall be willing to release the Tenements or Hereditaments
so purchased by the said Commissioners therefrom, then and in
such Case it shall be lawful for the Party entitled by this Act
or capacitated to apportion such Rent, Payment, or Incum-
brance, or to release the Tenenients or Hereditaments so
purchased therefrom, (with the Consent of the Owner of the
Lands so purchased, and also of the Owner of the Tenements
or Hereditaments so jointly subject as aforesaid,) to release
the Tenements or Hereditaments so purchased as aforesaid from
the Rent, Payment, or Incumbrance so affecting the same as
aforesaid jointly with other Tenements or Hereditaments, on
condition or in consideration of such other Tenements or
Hereditaments continuing or remaining wholly and exclusively
subject to the whole of such Rent, Payment, or Incumbrance :
Provided also, that when any of the Tenements or Heredita-
[No. 61. Price Si] H h ments

476 Cap, 87. MetropoUs^ Improvement. 3 & 4 yicr.

ments purchaaed by the said Commissioners shall be released
from a Part only of any Rent, Payment, or Incumbrance affecl><
ing the same jointly with other Tenements or Hereditaments
not purchased by the said Commissioners, such last-mentioned
Tenements or Hereditaments shall be charged only with the
Remainder of such Rent, Payment, or Incumbrance; and such
Apportionment shall not prejudice the Title to the remaining
Rent, or the Remedies for such Remainder, but the same shall
at all Times thereafter remain as effectual as if the Lands not so
purchased had been originally charged with that Amount only :
Provided also, that when a Part of any Rent, Payment, or Incum**
brance shall be released, it shall be lawful for Uie said Commis*
sioners, on Tender for that Purpose of any Deed or Instrument
creating or transferring the Remainder of such Rent, Payment^
or Incumbrance, to endorse a Memorandum on such Deed or
Instrument declaring what Part of the Tenements or Heredita-
ments originally subject to such Rent, Payment, or Incumbrance
shall have been purchased by virtue of this Act^ and what Pro-
portion of the said Rent, Payment, or Incumbrance shall have
been released, and also declaring theAmount of the Rent, Pay-
ment, or Incumbrances which shall continue payable ; and such
Memorandum shall be Evidence in all Courts of Uie Facts therein
stated, but shall not exclude any other Evidence of the same Facts.
^^o» LII. And be it enacted. That in all Cases in which a Part

apportioned. ^^7 ^^ ^^7 Tenements or Hereditaments comprised in any

Lease or .Agreement for Lease for a Term of Years unex-
pired, or for a Life or Lives, or for a Term determinable on a
Life or Lives, shall be required for the Purposes of this Act,
the Rent payable in respect of any Tenements or Heredita-
ipents comprised in such Lease or Agreement for Lease shall be
apportioned between the Tenements or Hereditaments required
for the Purposes of this Act, and the Residue of such Tene-
ments and Hereditaments ; and such Apportionment shall^ in
case the same shall not be settled by Agreement between the
Parties, be ascertained and settled by the Verdict of a Jury, if
required, in like Manner as the Price of any Tenements or
Hereditaments to be taken in pursuance of this Act is directed
to be settled in case of Dispute as to the Value thereof ; and
in case such Apportionment shall be setded by Agreement
between the Parties, such Agreement shall be made with, and
shall not be valid without, the Consent and Approbation of the
Lessor from whom such Tenements or Hereditaments are
holden or agreed to be holden; and any Person hereby
capacitated to sell who shall be a Lessor shall be capaci-
tated to assent, and to bind the Property in respect of such
Assent; and after such Apportionment the Tenant or Lessee
of the Tenements or Hereditaments comprised in such Lease or
Agreement for Lease shall, as to all future accruing Rent, be
liable only to so much of the Rent reserved in such Lease or
Agreement for Lease as shall have been apportioned in respect
of the Tenements or Hereditaments not required for the Fur-
poses of this Act ; and the Lessor of the said Tenements or
Hereditaments shall have all such and the same Remedies for

the

1840. MetrapcHi ImprcnemaiL Cap. 67. 477

the Recovery of the Rent so apportioned in respect of the
Tenements or Hereditaments not required for the Purposes of
this Act as before such Apportionment he had or was entitled
to in respect of the Rent reserved or agreed to be reserved in
such Lease or Agreement for Lease ; and such Apportionment
shall not prejudice or affect any of the G>venant8, Conditions,
or Agreements in such Lease or Agreement for Lease con*
tainedf so far as the same relate to the Tenements or Here-
ditaments comprised in such Lease or Agreement for Lease, and
not required for the Purposes of this Act, but the same shall,
as to such last-mentioned Tenements or Hereditaments, but not
further or otherwise, continue in full Force and Operation.

LUL And be it enacted. That all Bodies Politic, Corporate^ Mortgagees to
and Collegiate, Trustee and Trustees, and all other Persons c^vey tothe
having any Mortgage on any Tenements or Hereditaments ™™»"<»«*
which shall be required to be taken for the Purposes of this
Ac^ (and whether entitled thereto in their own Right, or
in Trust for any other Body or Bodies, Person or Persons,
and whether in Possession of such Tenements or Hereditaments
by virtue of such Mortage, or not, and whether such Mort-
gage shall affect such Tenements or Hereditaments solely, or
jointly with any other Tenements or Hereditaments which shall
not be so required,) shall, on Payment or Tender by the said
Commissioners, or by any Person by them authorized, of the
Principal Money and Interest due on such Mortgage^ and the
just Costs (if any) then due^ together with the Amount of
Six Calendar Months Interest on the said Principal Money,
(which Tender and Payment the said Commissioners are hereby
authorized to make, and to deduct the same from any Sum
agreed or directed to be paid for the Estate or Interest of
the Party or Parties entitled to the Equity of Redemption,) of
and in the Tenements or Hereditaments so mortgaged, in case
the same shall be suflBcient for the Purpose, immediately con-
vey, assign, and transfer the respective luterests of such Mort-
gagees in the Tenements or Hereditaments which shall be so
required, to the said Commissioners* of Her Majestj^s Woods,
Forests, Land Revenues, Works, and Buildings, and their
Successors, or td such Person as the said Commissioners shall
appoint; or in case such Mortgagees shall have Notice in
Writing from the said Commissioners, or from the ParQr or
Parties entitled to the Equity of Redemption of and in the
same Tenements or Hereditaments, that they iinll pay off the
Principal Money and Interest which shall be due on such
Mortgage at the End of Six or less Number of Calendar
Monms, to be computed from the Day of giving such Notice^
then, at the End of such Six or less Number of Calendar
Months, on Payment or Tender by the said Commissioners of
the Principal Money and Interest which would become due at
the End of Six Calendar Months from the Time of giving such
Notice, together with any just Costs then due, such Mort*
gagees shiul c<»ivey, ass^, and transfer their respective In*
terests in the Tenements or Hereditaments whidi shall be so
required lor the Purposes of this Act^ to the said Commisiioners

H h 2 of

478 Cap. 87. Metropolis ImprovemenL 3 & 4 Vicr.

of Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings, and their Successors, or as the said Commissioners
shall direct ; and in case any such Mortgagee shall refuse to
convey, assign, or transfer as aforesaid, on such Payment or
Tender respectively as aforesaid, then, on Payment of such
Money, Interest, and Costs, into the Court of Exchequer, as
herein-after mentioned, all Interest on every such Mortgage
Debt, and all Claim and Right of every such Mortgagee thereto,
shall thenceforth cease and determine : Provided sdways, that
in case any such Mortgagee shall in either of the Cases afore-
said n^lect or refuse to convey, assign, or transfer as aforesaid,
then, upon Payment of the Principal Money and Interest, and
the Costs, (if any), due on any such Mortgage as aforesaid,
into the Bank of Enghnd^ at or at the End of Six Calendar
Months from the Day of giving such Notice as aforesaid, or as
soon after as possible, or in lieu of such Notice, and in addi-
tion to the said other Monies, of Six Calendar Months Interest
in advance for the Use of such Mortgagee, at any Time after
Tender of the Principal, Interest, and Costs, and Six Calendar
Months Interest in advance as aforesaid, the Cashier of the said
Bank shall give a Receipt for the said Money, in like Manner as
is by this Act directed in Cases of other Payments into the said
Bank ; and thereupon, or upon such Conveyance, Assignment,
or Transfer by any such Mortgagee as aforesaid, all the Estate^
Right, Title, Interest, Use, Trust, Property, Claim, and Demand
of such Mortgagee, and of all Persons in Trust for him, or for
whom he shall h^ Trustee, shall vest in the said Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings, and their Successors, who shall be deemed to be in
the actual Possession of the Premises and Estate comprised in
such Mortgage^ or so much thereof as shall be required for the
Purposes of this Act, to all Intents and Purposes whatsoever.
As to CaMi LI V. And be it enacted. That in all Cases in which any

Moi!te^ Tenements or HereditamenU subject to any Mortgage shall be

Monej is more i^uired for the Purposes of this Act, which Tenements or
than the Vdue Hereditaments shall be of less Value than the Principal Monies,
or^pi^r*' J'^t^rest, and Costs secured thereon, or in which a Part only
of the Premiset ^^ ^^ Tenements or Hereditaments subject to any Mort*
is taken. gage shall be required for the Purposes of this Act, and such

Part shall be of less Value than the Principal Monies, Interest,
and Costs secured on such Tenements or Hereditaments, and
the Mortgagee or Mortgagees thereof shall not consider the
remaining Part of such Tenements or Hereditaments to be a
sufficient Security for the Money charged thereon, or shall not
be willing to release the Part required for the Purposes of this
Act from the Principal or Mortgage Money, and all Interest
due and to become due thereon, and all Costs, the Value of
such Tenements or Hereditaments, or, as the Case may be, of
such Part of the said Tenements or Hereditaments as shall be
so required for the Purposes aforesaid, and also the Compensa-
tion (if any) for any L^age done in respect of the Parts so
required, shall be settled and agreed upon by and between
such Mortgagee or Mortgagees) and the Body or Bodies

Politic,

1840.^ MetropoUi Inqurovmmt Cap. 87. 479

Politic, Corporate^ or Coll^iate, Trustee or Trustees, Person
or Persons, entitled to the Equity of Redemption of such Tene-
ments or Hereditaments, whether absolutely or for such Estate
as might capacitate him, her, or them to convey for the Pur-
poses of this Act, on the one Part^ and the said Commissioners
on the other Part; and in case of any Difference between them
then such Value and Compensation shall be determined by the
Verdict of a Jury in the same Manner as in other Cases of
Difference ; and the Amount of such Value and Compensation,
being so agreed upon or determined as aforesaid, shall be paid
to such ]V£)rtgagee or -Mortgagees in satisfaction of his, her,
or their Claim, so far as the same will extend ; and such Mortr
gagee or Mortgagees shall thereupon convey, assign, and
transfer all his, fier, or their Interest in such mortgaged
Tenements or Hereditaments the Value whereof shall so lutve
been agreed upon or determined as aforesaid ; or in case of his,
her, or their neglecting or refusing to convey, assign^ or trans-
fer, as herein-before directed, then the Amount of such Value
and Compensation shall be paid into the Bank of Englandj
to the Credit of the said Mortgagee or Mortgagees, as by this
Act is provided in Cases of the like Nature; and such Pay-
ment to the Mortgagee or Mortgagees, or into the Bank as
last aforesaid, shall be accepted in satisfaction of the Claim
of such Mortgagee or Mortgagees, so &r as the same will ex-
tend, and also in full Discharge and Exoneration of such Part
of the mortgaged Premises as shall be so taken or used from
all Principeu and Interest and other Money due or secured
thereon, and thereupon such mortgaged Tenements or Heredi-
taments shall become absolutely vested in the Commissioners
of Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings, and their Successors, who shall be deemed to be
in the actual Possession thereof to all Intents and Purposes
whatsoever: Provided nevertheless, that all Mortgagees shall
have the same Powers and Remedies for recovering or com-
pelling Payment of their Mortgage Money, or the Residue
thereof, (as the Case may be,) or the Interest thereof respec-
tively, upon and out of the Residue of the mortgaged Tene-
ments or Hereditaments not required for the Purposes afore-
said, as they would have had or been entitled to for recover-
ing or compelling Payment thereof upon or out of the whde
of the Tenements or Hereditaments originally comprised in
such Mortgage : Provided dso, that when a Part only of the
Tenements or Hereditaments subject to any Mortgage shall
have been taken for the Purposes of this Act as aforesaid,
and the Value of the Tenements or Hereditaments so taken
shall, on the Assignment or Conveyance thereof to the said
Commissioners of Her Majesty's Woods, Forests, Land Re-
venues, Works, and Buildings, and their Successors, have been
paid to the Mortgagee or Mortgagees thereof, in part Satis-
faction of his, her, or their Mortgage Debt, a Memorandum
of what shall have been so paid shall be endorsed on the Deed
creating such Mortgage at the Time of executing such As-
signment or Conveyance to the said Commissioners, and shall

Hh 8 be

480 Cap. 67. M«<h9po8f /mj^rotMm^nt S&4Vict.

be signed by snch Mortffagee or Mortgagees, and a Copy of
such Memorandum sbalT at the same Time (if required) be
furnished by the said Commissioners to the Person or Persons
so entitled as aforesaid to the Equity of Redemption of the
Tenements or Hereditaments comprised in such Mortgage Deed.
Tenants at wm LV. And be it enacted, That every Tenant at Will or
OT from Year to l,essee for a Year, or any other Person or Persons, in Posses-
after NoOce! ^^^^ ^^ ^^7 ^^^^ Houses, Buildings, Ground, Tenements, or

Hereditaments, or any Part thereof which shall be purchased
by virtue of this Act, or vested in the said Commissioners for
the Purposes aforesaid, who shall have no greater Interest in
the Premises than as Tenant at Will, or L^ee for a Year or
from Year to Year, shall, at the End of Six Calendar Months
next after Notice in Writing, signed by the said Commissioners,
shall have been given to him, her, or them, or left at the
Premises which are the Subject of such Notice^ and whether
such Notice be given with reference to the Time or Tiihes
of such Tenant's holding, or not, quit and relinquish the said
Premises unto the said Commissioners, or to such Person or
Persons as shall be by them authorized to receive Possession
thereof; and in case any such Lessee shall be compelled to qidt
before the Expiration of his or her Term or Interest in any
such Premises, then and in such Case the said Commissioners
shall give Satisfaction and Compensation for the Loss or
Damage which he or she shall sustain thereby; and in case
of any Difference as to the Amount of such Satis&ction or
Compensation the same shall or may be settled and ascertained
by a Jury, in the same Manner as the Sums of Money to be
paid for the Purchase of any Ground or Hereditaments are
nerein-before directed to be ascertained, or if the said Com-
missioners and the other Parties in difference shall agree
thereto, the same may be settled by a Reference to the Award
of Arbitrators, to be chosen by the Parties in difference ; and
that' aU and every Person and Persons^ Bodies Corporate^ Col*-
legiate^ or Elcclesiastical, Corporations Aggregate or Sole^ in
Possession of any Houses, Buildings, Ground, Tenements, or
Hereditaments, or any Part of any Houses, Buildings, Groimd,
Tenements, or Hereditaments which shall or may be pur-
chased in pursuance of this Act by the said Commissioners,
or vested in them for anv of the Purposes aforesaid, shall, upon
Payment or Tender as aforesaid of such Recompence or Satis-
faction for any of his, her, or their Term, Estate, or Interest in
the Premises as shall be mutually agreed upon, or as shall be
settled, ascertained, and awarded by any Referee or Referees,
or Umpire^ or by Verdict or Inquisition of a Jury, in manner
aforesaid, quit and relinquish the said Premises so in their re-
spective Possessions unto the said Commissioners, or to such
Person or Persons as shall be by them authorized to receive
Possession of the same; and all the Leases, Demises, Con-
tracts, and Agreements whatsoever, under or by virtue whereof
any such Person or Persons shall hold the said Premises,
shall, at and from the End and Expiration of such Six Calen-
dfur Months^ or upon such Payment or Tender as aforesaid,

be

1840. lielropolu Itnprwemeni. CapiST. 481

be absolutely void and of none Effect as against the said
Conunissionera ; and if any such Tenant at Will or Lessee, or
other Person or Persons, Bodies Corporate, Collegiate, or Eccle-
siastica]. Corporations Aggregate or Sole as aforesaid, shall
refuse or neglect to deliver up the Premises in his or their
Possession at the Expiration of such Six Calendar Months,
or upon such Payment or Tender as aforesaid, it shall be
lafvriul for any Justice of the Peace for the County of Middlesex
or the City and Liberty of Westminstefs as the Case may be, to
issue his Precept or Warrant to the Constables of the said County
and City for the Time being, or any of them, or to any Person or
Persons to be by such Justice appointed a Constable or Consta-
bles for that especial Purpose, commanding and requiring such
Constables or Constable, or any of them, to cause Possession of
the said Premises to be taken, and afterwards delivered to such
Person or Persons as shall in such Precept or Warrant be nomi-
nated to receive the same on behalf of such Commissioners, and
the said Constables and every of them are and is thereupon hereby
authorised and required to cause such Possession to be taken and
delivered accordingly : Provided always, that nothing in this Act
contained shall prevent or restrain the Commissioners of Her
M^es^'s Woods, Forests, Land Revenues, Works, and Buildings,
whenev^ they may deem it just and reasonable so to do, from
granting Compensation to any Tenant at Will for giving up the
Possession of the Premises under or by virtue of this Act, in any
Case where special Injury shall be proved to their Satisfaction.

LVL And be it enacted, That all Persons hereby capaci- Pemiu autho.
teted to sell, and who may not agree with the Commissioners ri«dtoseUmay
of Her Majesty's Woods, Forests, Land Revenues, Works, and titeattw8*tofix
Buildings, as to the Price to be paid, may, if they shall think the Price,
fit, agree with the said Commissioners to refer it to any Person
or Persons to ascertain the Amount to be paid, and every such
Agreement shall be in all respects binding and eifectual.

LVn. And be it enacted. That it shall be lawful for the said Power to clear
Commissioners and they are hereby empowered to pull down or ^« ^u old
cause to be pulled down all Houses and other Erections and Materials.
Buildings which shall be purchased by virtue of this Act, or
such of them or such Part thereof as they shall think proper
to be pulled down, and to level and clear the Ground whereon
the same shall stand, and all other the Ground to be purchased
by virtue of this Act, in such Manner as they shall think proper,
and to sell or cause to be sold the Materials of the Houses and
other Buildings to be taken down and removed pursuant to this
Act; and the Monies to be produced by the Sale thereof (after
deducting the Expences of pulling down such Houses and
Buildings respectively, and of such Sale or Sales), and also the
Rents and Profits of such Tenements and Hereditaments to
be purchased or taken by virtue of this Act, until the same
shall be pulled down or cleared, shall be applied and disposed
of for or towards the Purposes of tliis Act or any of them.

LVIU. And be it enacted, That, as regards all or any Commissioners
Ground or Hereditaments which shall be purchased, and which ?° ^?^"^^'
shidl not be wanted for the Purposes of being made into '^oundnot°

H h 4 Thorough- wanted whiob

482 Cap. 87. Metropolis In^ovemerd. 3 & 4 Vxtrt.

they may think Tboroughfarcs, it shall be lawful, for the said CommiseicHiers
proper to leu ^f jj^j. Majesty's Woods, Forests, Land Revenues, Works, and

Buildings, and they are hereby authorized, when and as they
shall think fit, by an Indenture or Indentures under their
Common Seal, to demise and lease such Ground and Heredi-
taments, or such Part thereof as they shall think it expedient
to let on Building Leases, either together or in Parcels, to
any Person or Persons who shall erect and build or covenant
and agree to erect and build thereon, or on any Part or Parts
thereof. Houses, Erections, and Buildings, of sud^ Rate or Class
or respective Rates or Classes of Buildings, upon such Plan and
Elevation or respective Plans and Elevations, of such Height or
respective Heights, and with such Stories, as the said Commis-
sioners shall think proper, for such Number of Years as they
may think fit, and under such Conditions and either at a Rent
or without any Rent, but so that in every such Demise or L^use
there be contained a Covenant for the Payment of the Rent, if
any shall be thereby reserved, and also such other Covenants
on the Part of the Tenant or Lessee therein to be named, as
the said Commissioners shall reasonably advise or require, and
also a Clause in the Nature of a Condition of Re-entry on
Nonpayment of the Rent (if any) thereby to be ^reserved, or
on Nonperformance of the Covenants therein to be contained
on the Fart of the Ten^t or Lessee to be observed and per-
formed ; and the Lessee or Lessees named in each such Lease
Commissioners shall execute a Counterpart thereof; and that on any such Lease
Amementsfor ^^^ ^^ Commissioners may, if they think fit, accept and take
Leases, and &ny Fine for the granting thereof, and may enter into any Agree-
acoept Surren- ment for the granting any Lease or Leases, on such Terms mid
den of Leases, Conditions as thq^ may think fit, and on the granting the Leases

in pursuance of such Agreements may alter the Amount of the
Rents agreed to be reserved on such Leases, and may apportion
the same, and grant separate Leases of any Part of the Heredita-
ments by any such Agreement agreed to be leased, as they think
fit, and may also, as they think fit, alter or rescind any A^p:«e-
ment as aforesaid, and may accept any Surrender of any Lease
granted, for the Purpose of granting separate Leases of the same
Premises, at apportioned Rents, or under different Covenants, or
otherwise, in all respects as the said Commissioners shall think
fit ; and, further, that any Part of the said Ground may be appro*
priated for Squares, Gardens, or open Places, and any Part thereof
may be let for Yards or Courts to be attached to any Houses
agreed to be leased, as the said Commissioners shall think fit.
Commissioners LIX. And be it enacted. That, as soon as conveniently
Gro^nd^Rents ^^Y ^' ®^^ either before or after the Houses, Erections, and
and lieversioDs Buildings to be erected and built as herein-before is men-
to be comprised tioned, or any of them, shall be finished and completed, and
in such Leases, either before or after such Leases shall have been granted, the

said' Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings shall and they are hereby
authorized and required to sell and dispose of, or cause to be
' sold and disposed of, the Ground Rents to be. reserved by the
Lease or De^iise, or Leases or Demises, in or agreed to be

reserved

1840. Mdropc^ Impraoemaii. Cfl^.67. 483

resemed by any such Agreement as aforesaid, in pursuance or
in consideration of which the same Houses respectively shall
have been erected and built, or shall be agreed to be erected
and built, and also the Reversion and Inheritance in Fee Sim->
pie in Possession (subject to such Lease er Demise, or Leases
or Demises, Agreement or Agreements,) of the Pieces or Parcels
of Ground thereby demised or agreed to be demised, and such
Houses and other Buildings thereon, either altogether or in
Parcels, by public Auction or private Contract, for such Price
or Prices or Sum or Sums of Money as the said Commissioners
shall think reasonable, and subject to such Stipulations and
Provisions as to the Enjoyment thereof^ and as to the Nattire of
the Buildings which are to be at all Hmes erected and built,
and also subject to such Stipulations as to the Title to be pro-
duced to the Hereditaments to be sold, as the said Commis-
sioners shall think fit; and as regards any Stipulations or
Provisions which may be contained in any such Conveyance,
the same may at all Times thereafter be enforced in a Court of
Equity by the said Commissioners for the Time being, for die
Benefit of the Parties entitled to the other Property adjoining
or held under the same Title, in such Manner in all respects
as the said Commissioners may think fit ; and the said Commis-
sioners shall and they are hereby empowered and required, at
the Request, Cost, and Charges of the Purchaser or Pur-
chasers of the same Premises respectively, upon Payment of
the Sum or Sums of Money agreed to be given for the same
respectively to the said Commissioners of Her Majes^s Woods,
Forests, Land Revenues, Works, and Buildings, by any Writing
under their Common Seal, to convey and assure the Piece or
Parcel of Ground, or Pieces or Parcels of Ground, so purchased
by such Purchaser or Purchasers respectively, together with
the Houses, Erections, and Buildings then erected and built,
or to be erected and built thereon respectively, and the Fee
Simple and Inheritance thereof, with the Appurtenances, to
sueh Purchaser or Purchasers respectively, his, her, or their
Heirs and Assigns respectively, or as he or they respectively
shall in that Behalf order or direct, free from all Incumbrances
(except the Building Lease or Building Leases, or Agreement
or Agreements, to be granted thereof by virtue of this Act),
and that all Conveyances and Leases which shall ^be made as
aforesaid pursuant to the Authority hereby in them reposed
shall be adjudged sufficient to vest such Estate in the Pur-
chaser or Lessee as shall have been agreed for, or shall be ex-
pressed or meant and intended to be conveyed and granted
by any such Conveyance or Lease; and every such Lease,
Agreement, and Conveyance to be made under the Authority of
this Act may be in the Forms or to the Effect as the said Com-
missioners shall order or direct ; and it shall not be necess«y
that any such Conveyance as aforesaid should be made by
Bargain and Sale enrolled, Feofiment, or Lease and Release.

LX. And be it enacted. That it shall be lawful for the ComtniflaioDerB
said Commissioners to sell and dispose of, in roimner and empowered to
subject as aforesaid, and absolutely to grant and convey, such ^^^^1°^

Part bewinted.

484 Cap. 87; Meiropfiu hiiprm)miinL 3&4Vtci\

Part or Pftrts <X any of the Hereditaments which may be

acquired under the Powers of this Act» and which they shall

not think proper to let on Building Leases as aforesaid, 'Sub*

jeot nevertheless to such Stipulations and Conditions as they

may think fit ; and thereupon the same shall be conveyed and

assured by the said Commissioners as they shall think fit

Purchase LXI. And be it enaeted, That all and every Sum and Sums of

Monies and Money which shall be received by the said Commissioners from

appHed to any ^my Salcs faeretn-before directed to be made, or as the Premium

of the Purpoaes on the granting any Building Lease^ or which may be received on

of the Act, or the rescinding any Contract, or which shall be forfeited in respect

Ch^«^f ^ ^f ^^ Nonperformance of any Contract^ and all other the Monies

(if any) and also the Rents (if any) of all the Hereditaments which

may be acquired under or by virtue of ^his Act, until the same

shall be sold, shall (after Payment of the Costs and Expences of

the said Sale or Sales, which are hereby directed to be paid there*

out,) be applied in or towards any of the Purposes of this Act.

Receipts of LXII. And be it enacted, That the Receipts in Writing of

Comniissionen the said Commissioners, or any Two of them, for any Monies

^arffSto **" payable to them under or by virtue of this Act, or the Powers

Purchasers, &c. herein contained, shall be good and sufficient Discharges for the

same to any Purchaser, Lessee, or other Person paying the same.
Commissioners LXIIL And be it enacted, That it shall be lawful for the
empowered to g^id Commissioners to raise any Monies which they may think
uTf^lt^ fit, for the Purposes of this Act, by Mortgage of all or any of
Premises. the Hereditaments to be acquired for the Purposes of this Act)

and either before or after the same shall have been acquired ;

and the Monies so to be borrowed, and the Interest thereof,

may be paid off at such Times and in such Manner as the said

Commissioners shall agree on, by and out of any of the Monies

from Time to Time applicable to die Purposes of this Act ;

but no such Monies shall be so aj^licable unless the said

C<Mxmiissioners shall specifically direct the same to be so ap-

plied ; and every such Mortgage shall be made in such Form as

the said Commissioners for the Execution of this Act may direct

Commissioners I^XIV. And be it enacted. That it shall and may be lawful to

^ E&chequtf ^^^ flrjj. ij^^ Commissioners for issuing Exchequer Bills for public

vancx^Money Works, acting in execution of an Act passed in the Fifty-seventh

on Mortgage of Year of the Reign of His late Majesty King George the Third,

Houses, &c. i^j, J Qf several subsequent Acts for amending and extending the

same, and they are hereby authorized, to advance and lend

to the Commissioners of Her Majesty's Woods* Forests, Land

Revenues, Works, and Buildings, any Sum or Sums of Money

in Exchequer Bills, on Mortgage of the Hereditaments to be

acquired under this Act, and either before or after the same shall

have been acquired, and at such Rate of Interest, as the Lord

U^h Treasurer, or the Commissioners of Her Majesty's Trea^

sury as aforesaid, or any Three of them, shall approve and direct.

Security to lie LX V. And be it enacted, That upon the said Commissioners

gWen for the fQ^ jhg jgsuing of Exchequer Bills making such Advance to

jjJ^Ewhequer ^^e Said Commissioners of Her Majesty's, Woods, Forests,

Bills and In* Land Revenues, Works, and Buildings as aforesaid, the said

f®*^^*^ lastHmentioned Commissioners dmll thereupon convey or agree

to

1840. MeiropoUi Inyniwement. Cftp.67. 48ft

to oonv^ to the Secretary for the Time beiiiff of the said.
Commisaionerg for the Issue of E^zchequer Bills, iiis Heirs and
Assigns, or as the said Commissioners shall direct, all or any
Part of the said Hereditaments to be acquired under this Act, as
a Security for the Repayment of the Amount of the said Exdie*
quer Bills, with Interest thereon, at such Time or Hmes as the
said Lord High Treasurer, or Commissioners of Her Majesty's
Treasury as adforesaid, or any Three or more of them, shall ap«-
point, and any such Loan may be made befiire the actual Pur-
chase and Acquisition of any such Hereditaments as aforesaid*

LXVL And be it enacted, That no Purchase, Lease, Agree* purchases,
ment for Lease, Sale, or Mortgage, to be made by the said Sales, &c. to
Commissioner! of Her Majest/s Woods, Forests, Land Reve^ Sbe^A^Uiorur
nues, Works, and Buildings, shall be made^ except with the oftheTreuuiy.
Assent in Writing of the Lord High Treasurer of dreat BntaiUy
or Three 'of the Commissbners for executing the Office of
Lord High Treasurer ; but it shall not be necessary for any
Purchaser, Mortgagee^ or Lessee to ascertain that sudi Con-
sent has been given as aforesaid, nor shall the said Commi»> '
sioners of Her Majest/s Woods, Forests, Land Revenues,
Work% and. Buildings be bound to produce to any such Pur*
chaser, Mortgagee, or Lessee any Evidence of such Assent:
Provided nevertheless, that such Assent may be given either
generally for any particular Class of Cases, or for any particular
Purchase, Lease, Agreement for Lease, or Mortgage, as to the
said Lord High Treasurer, or Commissioners for executing the
Office of Lord High Treasurer as aforesaid, shall seem meet.

LX VII. And be it enacted. That the Ri^ht and Property Materials, &&
(^ all and every the Gates, Bars, Posts, Rails, Sheds, Carts^ vested in the
Engines, Materials for paving. Implements, Utensils, and CommuBionen.
Things whatsoever which may be erected and set up or pro-
vided by the said Commissioners of Her Majesty's Woods,
Forests, Land Revenues, Works, and Buildings, or by their
Order, or otherwise belonging to and used by them fcnr canying
the Purposes of this Act into execution^ and also any Materials
which formed Part of any Buildings which may be pulled
down by the Direction of the said Commissioners, in pur-
suance of the Powers of this Act, shall be vested in the said
Commissioners, and they are hereby authorized and empowered
to dispose of and apply the same for the Purposes of this Act
as they shall think fit, and to bring any Action or Actions,
and to prefer and prosecute with Effect any Bill or Bills of
Indictmoit, against any Person or Persons who shall steal,
secrete, injure^ damage, or diq)ose of the same or any of them
respectively to their own Use and Uses, or shall disturb them
the said Commissioners, or their Officers or other Persons acting
under them, in the Possession thereof.

LXVIIL And be it enacted, That in case any Contract Commisaionen
entered into in pursuance of this Act with the said Commia* ^7 ^^^
sioners for anv Purohase or Lease, or in case all or any of brought for
tlie Works to be done in pursuance of this Act, shall not be Breach of Con«
wdl and sufficiently performed, according to the Intent and ^'^^
Meaning of any Contract or Oootracls to be entered into by

^ the

486

Cap. 87.

Metropolis Improvement

3&4VICT.

the said CommisBionen of Her Majesty's Woods, Forests, Land
Revenues, Works, and BuOdines, for any of the Purposes of
this Act, or shall not be comj^eted within the Time or Times
specified in such Contract or Contracts, then and in every such
Case the said Commissioners tnay cause an Action to be brought
in any of Her Majesty's Courts of Law at Westminster^ against
any such Contractor or Contractors, for any Penalty contained
in his Contract ; and on Proof of the signing of the said Con-
tract, and Nonperformance thereof at the Time or Tifnes for
that Purpose to be therein mentioned, the said Commissioners
shall be entitled to and shall recover the full Penalty contained
in any such Contract, any Law, Custom, or Usa^e to the
contrary in anywise notwithstanding; which Penalty, when
recovered, shall be applied to the Purposes of this Act : Pro-
vided always, that it shall be lawful for the said Commission-
ers, if they think fit, to compound and agree with any such
Contractor, for any Penalty incurred by him for the Breach or
Nonperformance of any such Contract, for such Sum of Money
as the said Commissioners shall think proper, not being less
than the Injury or Damage sustained by the Breach or Non*
performance of such Contract, and all Costs, Charges, or £x-
pences which shall be occasioned thereby.
Deeds, &c. not LXIX. And be it enacted. That no Contract, Conveyance,
Duty;*^ "** Lease, Deed, or other Instrument which shall be made^ granted,

or executed under any Powers or Authorities hereby granted,
nor any Contracts or Agreements, Bonds or other Securities,
Assignments, Conveyances, or other Deed or Instrument, which
shall be made, entered into, or executed by* any Person or
Persons, to or with the said Commissioners or otherwise, for
any of the Purposes of this Act, shall be subject or liable to
any Stamp Duty whatever imposed by any Act now in force,
nor to any Stamp Duty to be imposed by any future Act,
unless such Instruments be speciaUy subjected and specifically
charged in and by such future Act.

LXX. And be it enacted, That the said Commissioners of
Her Majesty's Woods, Forests, Land Revenues, Works, and
Buildings shall from Time to Time render and give an Ac-
count to the Lord High Treasurer, or to the said Commis*
sioners for executing the Office of Lord High Treasurer, of the
Amount of all Monies which shall be raised or received by the
said Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings, under or by virtue of the
Provisions of the said recited Act of the .Second and Third
Year of the Reign of Her present Majesty, or by the Sale or
Mortgage or from the Rents and Profits of any Houses, Build-
ings, I^ds, Tenements, Rents, or Hereditaments hereby
authorized to be sold, mortgaged, deinised, or let^ or by the
Sale of the Materials of any Houses or Buildings to be pulled
down and sold as aforesaid, or by any Penalties, Forfeitures, or
Fines hereby inflicted or authorized to be imposed, and directed
to be paid to the said Commissioners, and of all other Monies
which shall be received by them under or by virtue of .the
Authority of this Act, and of the Application of all such Monies

for

CommisMonera
to render an
Account to the
Treasury.

1840. MOrcpoUs Improvement Cap^S?* 487

for the Purposes of this Act ; and the said Lord High Trea-
surer, or Commissioners for executing the said Office of Lord
High Treasurer, or any Three of them, shall be and he and
they is and are hereby authorized and required to examine or
cause to be examined every such Account, and in case they
shall approve thereof to signify such their Approbation at the
Foot of such Account, signed by the said Lord High Treasurer,
or by the said Commissioners for executing the said Office of
Lord High Treasurer, or any Three or more of them, and to
transmit and return the same so approved to the said Com-
missioners of Her Majesty's Woods, Forests, Land Revenues,
Works, and Buildings; and every Account so approved and
signed as aforesaid shall be a full and sufficient Discharge to
the said Commissioners for or on account of all such Sums of
Money as shall be mentioned in such Account, and for the
Expenditure and Application thereof; and the said Commis-
sioners shall not be compelled or compellable to give or render
any further or other Account of any such Money, or of the
Expenditure or Application thereof, any Law, Usage, or Cus-
tom to the contrary notwithstanding.

LXXL And be it enacted, That all Person^ who, upon any PunUhinji; Per-
Examination to be taken by virtue of ^his Act, shall wilfully ^" ^EvwJ^f
and cornipdy give &lse Evidence, or otherwise forswear them-
selves, before any Jury, or before any Justice of the Peace
acting as such in the Execution of such Act, shall and may
be prosecuted for the same,' and upon Conviction thereof shall
be subject and liable to such and the same Pains and Penalties
as Persons guilty of wilful and corrupt Perjury are by the
Laws in being subject and liable to.

LXXn. Provided always, and be it enacted. That no FUintiffnotto
PlaintiiF or Plaintiils shall recover in any Action to be com- '^^Jf' ^'^*^'

J . ^ -n T> r ^i_« J • out Notice or

menced against any Person or Persons for any thmg done m after Tender of
pursuance of this Act, unless Notice in Writing shall have Amends.
been given to the Defendant or Defendants, or left at his, her,
or their last or usual Place or Places of Abode, Twenty-one
Days before such Action shall be commenced, of such intended
Action, signed by the Attorney for the Plaintiff or Plaintiff,
specifying the Cause of such Action, nor shall the Plaintiff
or Plaintiffs recover if Tender of good and sufficient Amends
shall have been made to him, her, or them, or his, her, or
their Attorney, by or on behalf of the Defendant or Ddendants,
before such Action brought^ nor if such Tender of Amends
shall be made* at any Time afler such Action brought, and
before the Trial thereof, with Costs of Suit to the Time of
such last-mentioned Tender, but on Proof of such Tender on
any Trial to be had in such Action the Plaintiff or Plaintiffs
shall be nonsuited, and shall pay full Costs, to be recovered in
the same Manner as any Defendant or Defendants may recover
Costs in any other Case by Law; or in case no Tender shall
have been made it shall be lawful for the Defendant or Defen-
dants in any such Action, by Leave of the Court wherein any
such Action shall depend, at any Time before Issue joined, to
pay into Court such Sum of Money as be^ she,* or they shall

think

438

Cap. 87.

Metrt^it IngfravemmL

8 & 4 Vict;

Limitation of
Actions.

For protecting
the Rights of
the Commis-
sioners of
Sewers.

Commissioners
not to be per-
sonally liable*

think Stf whereupon such Proceedings, Order, and Judgment
shall be had, made, and given in and by such Court as in other
Actions where the Defencumt is allowed to pay Money into Court.

LXXIIL Provided always, and be it enacted, That no
Action or Suit shall be brought or prosecuted against any
Person or Persons, Body or Bodies Politic, Corporate, or Col-
legiate, for any thing done in pursuance of this Act, after
Three Calendao* Months next after the Fact committed, or in
case there shall be a Continuation of Damages then after
Three Calendar Months next after the doing or committing
such Damage shall have ceased, and not afterwards; and every
such Action or Suit shall be laid and brought in the Liberty or
County where the Matter in dispute shall arise, and not else-
where ; and the Defendant or Defendants in every such Action or
Suit shall and may, at his, her, or their Election, plead specially,
or plead the General Issue, and give this Act and the special
Matter in Evidence, at any Trial to be had thereupon, and that
the same was done in pursuance and by the Authority of this
Act; and if it shall appear to have been so done, or if any such
Action or Suit shall have been brought before Twen^-one Days
Notice shall havte been given, or after a sufficient Satisfaction
made or tendered as aforesaid, or shall be brought in any other
County or Place than aa aforesaid, then and in every such Case
the Jury or Juries shall find for the Defendant or Dtefendants.

LXXIV* Provided always, and be it enacted. That nothing
in this Act contained shall extend to prejudice^ diminish,
alter, or take away any of the Rights, Powers, or Authorities
vested in the Commissioners of Sewers for the City and
Liberty of Westminster and Part of the County of Middlesex^ or
in the Commissioners of Sewers' for the Tower Hamkts^ and
for the Limits of Holbam and Finsbtay Division^ the Parish of
Saint Leonard Shareditck and the Liberty of Norton Falgatej in
the County of Middlesex, and the Borders and Confines of the
same, except as herein-before is enacted.

LXXV. And be it enacted, That nothing in this Act, or
in any Conveyance, Contract, Lease, or other Deed or Instru-
ment hereby authorized to be entered into or made by the
said Commissioners or any of them, shall extend to charge the
Person or Persons of all or any of the Commissioners exe-
cuting any such Conveyance, Contract, Lease, or other Deed
or Instrument, or the Heirs, Executors, or Administrators of
the same Commissioners or any of them, or either or any of
their own proper Lands, Tenements, Goods, or Chattels, with
or for the Performance of all or any of the Covenants, Con-
ditions, or Agreements in the same Conveyance^ Contract,
Leasee or other Deed or Instrument contained, on the Part of
the same Commissioners or any of them, but the Amount of all
Costs, Charges, Damages, or Expences which shall or may be
recovered in any Suit or Suits at Law or in Equi^ against
them the said Commissioners or any of them, or against their
or any of their Heirs, Executors, or Administrators, for or by
reason or means of such last-mentioned Conveyance^ Contract,
I^eaaey or other Deed or Instrument or the Covenant^ Condi-

tions»

1840, MOropolii ImpraimiaiL Cap. 87. 489

tiona, or Agreements therein contained, and also all the Costs,
Charges, Damages, and Expences which the said Commissioners
shall bear, pay, expend, be put to, or which shall be occa-
sioned to them for or by reason or means of any such Con-
veyance, Contract, Lease, or other Deed or Instrument, or any
Covenant, Condition, or Agreement therein contained, or any
Action or Actions, Suit or Suits to be brought or prosecuted
by or against them or any of them thereupon, shall respectively
be paid and dbcharged by and out of the Monies applicable to
the Purposes of this Act.

LXaVI. * And whereas in making and completing the in- Powers of Com.
« tended new Thoroughfare or Street herein-betore mentioned ™^^"o^d of

< between the London Docks and SpUalfields Church it- may be Penons'and

* found requisite to make a new Thoroughfare or Street be- Bodies to seU

* tween the Entrance to the London Docks and the South End ^j^^f^

< of White Lion Street, in addition . to the present Communica- mentioned

* tion through WeUs Street; and it is therefore expedient that extended to the

* the Commissioners of Her Majesty's Woods, Forests, Land "^^^5;
' Revenues, Works, and Buildings should be empowered to from the Lon-
' purchase any Ground, Tenements, or Hereditaments that may don D«N;k««

< be ^required for the Purpose of forming and making such hew

* Thoroughfare or Street as aforesaid ;' be it therefore enacted.
That all Uie Clauses and Provisions herein<-before contained for
authorizing the said Commissioners to purchase, and all Bodies
Politic, Corporate, or Collegiate, Elcclesiastical or Lay, Aggre-
gate or Sole, Feoffees in Trust, Executors, Administrators,
Tenants for Life or for Years, Guardians, Husbands, Com-
mittees, Femes Covert, and aU other Trustees and Persons, to
contract to sell and convey, the Ground, Tenements, or Here-
ditaments to be purchased for the Purpose of making the several
Alterations and Improvements her^-before mentioned, and for
regulating the Payment of the Purchase Money for the same^
shall extend and be applicable to any Ground, Tenements, or
Hereditaments which the said Commissioners of Her Majesty's
Woods, Forests, Land Revenues, Works, and Buildings, by and
with the Consent and Approbation of the Lord High Treasurer,
or the Commissioners of Her Majesty's Treasury as aforesaid,
shall think expedient or proper to purchase, for the Purpose of
making, forming, and completing a new Thoroughfare or Street
between the Entrance to the London Docks and the South
End of White Lion Street aforesaid, in such and the same Man-
ner, to all Intents and Purposes, as if all the said Clauses,
Provisions, and Regulations were repeated and adapted thereto;
provided that nothing herein contained shall authorize or em-
power the said Commissioners to purchase anv Ground, Tene-
ments, or Hereditaments for the Purpose of such new Thorough-
fare or Street, against the Consent of the Parties interested
therein, and hereby authorized and empowered to contract to
sell and convey the same.

LXXVII. And be it enacted, That this Act shall be deemed Public Act.
to be a Public Act, and shall be judiciaUy taken notice of as
such by all Judges, Justices, and others.

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GAP. LXXXVIII.

An Act to amend the Act for the Establishment of
r County and District Constables. [7th AiLgust 1840.]

VI/'HEREAS an Act was passed in tlie last Session of '

Parliament, ihtituled Jn Act for the Establishment of

CoidUy and District Constables by the Authority of Justices of

the Peace I and it is expedient to make adaitional P^o^

yisioiis fot^ fkcilitating the Execution thereof, and otherwise

to amend the same:' Be it enacted by the Queen's mOst

! '7\ .^cellenl Maj^^y, by and ji^ith the Advice and Consent, of .

I the Lbrds Spiritual tad Temporal, and Commons, in this pre-

I sent Parliament fissembled, and by the Authority of the same,

Hor^Sf an;, ki , That no Toll 3hall be demanded or taken on any Turnpike

SeR)uJ?ex- S<>a^ or Bridge for toy Horse, or Police » Van, Carriage, or

empUdfrom, Cart, passing along such Road or Bridge, in the Service of

Toll.' , the Police .esOiblishecl under the Provisions of the said Act ;

provided that the Constable in charge of such Horse, Van,
' ' Carriage, or Cart, if not the Chief Constable,' shall produce ,

1^1 Order «in Writing under the Hand of the Chief Con-

! . stable, or shall have his Dress according to the Hegulations

, . df the Police Force at the Time of claiming the Exemption )

and every 'Person who shall fraudulently claim or take the

Benefit of the Exemption from Toll herein contained, not

> ' being lawfully ' entitled thereunto, shall for every such OlFefice '

be liable to a Penalty not more than Five Pounds; and in
t . all such Cases the -Proof of Exemption shall be upon thfe
; Persdn claiming the same.

Outlying DU- 11. < And wnereas by the said Act it is provided, that for
^^^^ • thetPurposesof thesaid Act, all detached Parts of Counties
one^uii^ to ^ ^hall be considered as Fart of that County by which they
aDotber. < are whollv or partly surrounded: Ana whereas many

! ' populous Towns are situated in more than One County;

' and also the Boundary of many Counties is so irregular that
I — f Parts thereof, although not wholly separated from the main

' • * < Body of the County, may yet be'more conveniently united,
' for the Purposes of the said Act, with some neighbouring
I ' ^ County :^ Be it enacted. That it shall be lawful for the Jus-
. tices of any Two or more neighbouring Counties, in their
several General or Quarter Sessions assembled, from Time to -
Time to fierce that such Parts of their severed Counties as
to them shall seem fit shall, for the Purposes of the said
Act# be considered as forming Part of any other of the said
Counties; and whenever any such District shall be so trans-
ferred» for the Purposes of the said Act, from One County to
another, with the Consent of the Justices of both the last-
mentioned Counties, such District shall be considered, for the
Purposes of the said Act, as if it were detached from the
County to which it belongs, and wholly surrounded by the
I County to which it is so transferred; and all the Provisions

contained

1840. CmMjf and IXHnia ChM^abl^. Cq>^8a 5l8

contained herein or iil the said Act^ or in an Act passed in thd

last Session of Parliament^" intituled Jn Act fir the better Aet- 2&3Victc.82.

ministraii4m of Justice in detadud Parte cf Counties^ respecting

detached Parts of Counties, shall be taken to apply to such

transferred Districts*

. IIL And be it enacted. That so much of the. first*reoited Somuchoffint-

Act as provides that the Expences of puttine: the said Act ^^^^^^

• ^ • • 11 1 •! * *• 1 r^ °T> ^ .1 n i_ directs the Ex-

in execution shall be paid out of the (Jounty Kate dhali be pendes toi)^ ''
rep^ed j and that, for the Purposes of defrayiilg the Eapences paid obfdf the
of the said Act in any County in which, or in any Part of ^^-^f^^
which, the said Act shall be put in force, the Justices of such justices in
County in General or Quarter Session assembled shall mak^ General or
a fair and equal Police Rate, and for that Purpose shall ^^^iSea
assess add tax the whole District for which the Coiistabkfi poUce Rate.
are appointed rateably and equaUy» according to a certaih
Pound Rate of the full and fair annual Value of all Mes-
suages^ Lands, Tenements, and Hereditaments liable to the
Counter Rate, or which, if the whole of the said District were
to all Intents and Purposes within their County, would be
liable to the County Rate therein, including all detached Parts '

of other Counties, and also all Liberties and Franchises (except
at herein-after excepted) which are locally situated in such
County, or wholly or partly surrounded by such County, and
declared by the said Act to be considered as forming Part
of such County for the Purposes of the said Act, but exclu-
ding all detadied Parts of the said County, all Parts of the
County contributing to the Police Rate ' bf any other County
or to the Metropolitan Police Rate, and all incorporated Bo-
roughs which are or shall be within the Provisions of an Act
passed in the Sixth Year of the Reign of His late Majesty
for regulating Corporations, or of any Charter granted in pur-
suance of the last-recited Act, or of any Act made for the
Amendment thereof and all those Towns and Places for which
Constables or Watchmen shall have been appointed under
the Act {passed in the Fourth Year of His late Majesty
making Pifovisions fbr the lighting and watching of Parishes
in England or fValeif or under any Local Act authorizing the
Appointment of Constables or Watchmen in any Towti or
Place, and authorizing Rates to be made for defirajring the . •
Expences of such Constables or Watchmen, and shall not be
discontinued before the passing of this Act, until they shall
be discontinued, or until the Chief Constable of the County
within which, for the Purposes of this and the said firstrrecited •
Act, such Parish, Town, or Place is situated, shall have noti-
fied) as he is herein-after empowered to do, that he is ready
to undertake the Charge of such Parish, Town, or Place :
Provided always, that all Expences of putting the said Act
in execution before the passing of this Act shall be paid out
of the County Rate as if this Act had not been made.

IV. And be it enacted, That the Value of all Property How Property
rateable for the Purposes of the said Act shall be computed '^^}^ « *<> be
by the said Justices according tb the last Valuation for the

Kk4 Time

514

Cap. 88.

Cownty and District Cc/nOcMu. S & 4 Vior«

Police Rate
to be levied
with the
CoiiDty Rate.

CoDtributions
on aceount of
Liberties and '
detached Parts
of Counties.

How Treasurer
of such other
County or Li-
berty shall be
reimbufsed.

Time being acted upon in assessing the County Rate or liberQr
Rate, or mte in the Nature of a County Rate (if any), to
which such Property is rateable, unless, in the Case of any
Liberty or Franchise or detached Part of any County, the
Justices of the County in which such Liberty or Franchise
or detached Part is situated shall be dissatisfied with such
Valuation.

V. And be it enacted. That every Police Rate which the
Justices shall have made as afcJi-esaid shall be collected in
their County from the Persons who are liable to contribute
thereunto with and as Part of the County Rate; and the
Warrants issued by the Justices to the High Constables, and
by the High Constables to the Overseers and others required
to collect the County Rates, shall distinguish between the
Rates to be Mevied from those Places which are liable to the
Police Rate in that County and those which are not liable
thereunto, and shall state how much is levied for the County
Rate, and how much for the Police Rat^ and the said Rates
shall be levied accordingly.

VI. And be it enacted, That it shall be lawful for the Jus-
tices of any County in General or Quarter Session assembled,
for the Purpose of obtaining tlie Sum which ought to be
contributed from any detached Part of any other Coun^, or
any Liberty or F'ranchise not contributing to the Coun^
Rate of such first-mentioned County, towards any such Police
Rate, from Time to Time to issue a Warrant under the Hands
of Two or more of them, by which Warrant they shall require
the Treasurer of the County to which such detached Part
belongs, or the Treasurer or other Person (if any) having the
Receipt of any Liberty Rate, or Rate in the Nature of a
County^Rate levied within such Liberty, to pay to the Trea-
surer of such first-mentioned County, out of the Monies col-
lected by way of County Rate^ Liberty Rate, or Rate in
the Nature of a County Rate^ the Amount mentioned in the
Warrant; and that the Person to whom any such Warnunt
shall be directed shall, within Forty Days from the Delivery
of such Warrant to him, pay the Amount to the Treasurer
of the County from which such Warrant shall have issued, and
shall be allowed for the same in his Accounts with his Coun^
or Liberty ; and every such Warrant shall specify the Rate in
the Pound at which the Sum mentioned therein shall be
computed.

VU. And be it enacted, Tliat, for the Purpose of reim-
bursing the Treasurer or other Person by whom any such
Sum shall have been paid, the Justices of the County to which
such detached Part belongs, or of the Liberty or Franchise, as
the Case may be, shall order a Police Rate to be made, at
the Rate mentioned in the Warrant, upon such detached Part
of their County, or upon such Liberty or Franchise respec-
tively, which shall be levied and collectcki thereon with and
as Part of the County Rate, Liberty Rate, or Rate in the
Nature of a Liberty Rate, to which such detached Part of a

County

1840. Omniy and District CantiaNeM. Cap.8& 515

County or such Liberty or Franchise is liable, in like Manner
as the Police Rate is levied and collected by Order of the
Justices of any County for the Expences of the Police of their
own Coun^.

VIIL And be it enacted, That if Payment shall not be in cue or
made within the said Forty Days, according to the Exigency Def«tt>*» «"
of the Warrant, or if there shall be no Person to whom such cLui&^f*^^^
Warrant can be directed, or no County Rate^ Liberty Rate^ Amount may
or Rate in the Nature of a County Rate, to which the In- ** ^«^*^ ®" ^
habitants of such Liberty or detached Part of another Coun^ lnhaint«nte.
contribute, or if the Justices of the first-named Coun^ shall
be dissatisfied with the Valuation upon which such Rate was
assessed, or if, for any other Reason, it shall seem more
convenient to the Justices of the first-mentioned County, it
shall be lawful for them to levy the full Amount of the Police
Rate upon any such detached Part of another County or
Liberty or Franchise in respect of which such Amount is de-
mandable ; and for the Purpose of levying and collecting such
Rates the Justices of such first-mentioned County shall have,
within every such detached Part of another County and within
every such Liberty and Franchise respectively, the same
Powers which they have for levying and collecting County
Rates within the Limits of their own Commission; and. such
Rates may be levied and collected by the like Methods, and
subject to the same Right of Appeal, as if such detached Parts
of another County or such Liberty or Franchise respectively
were Part of such first-mentioned County, and within the
Hundred, Wapentake, Ward, Rape, Lathe, or such other Di-
vision of the County in which they are locally situated, or, if
not wholly lying in One Hundred, Wapentake, Ward, Rape,
Lathe, or such other Division, in that One with which they have
the longest common Boundary respectively ; and the High Con-
stable of every such Hundred, Wapentake, Ward, Rape, Lathe,
or such other Division, on the Receipt of a Warrant to that
Effect under the Hands of Two or more of the said Justices,
shall collect the said Rates; and the Overseer of the Poor,
or in de&ult of Overseers, or in case there shall be no
separate Rate for the Relief of the Poor in any Portion of such
detached Part or Liberty or Franchise, such Person or Persons
as the Justices of the first-mentioned County in Quarter
Session assembled shall appoint for that Purpose in every
Parish and Place to which such detached Parts or Liberty
or Franchise, or any Part thereof, belong, upon Receipt of a
Warrant to that Effect from such Hish Constable, shall pay
the Amount assessed upon their Parish or Place respectively,
or upon that Part of it which is liable thereunto, in like
Manner, and subject to the like Peoalties in case of Default,
as if such detached Parts or Liberty or Franchise were Patt
of such first-mentioned County, and within such Hundred,
Wapentake^ Ward, Rape, Lathe, or other Division, as aforesaid
respectively.

IX. And

S16 dpi Q& county and Dtitrid Ctmstdbles. 3 & 4 .Vlei\

Right of in- ' IX. And bc it ehacted, That the Treasurer bf any Coant^j
i specting County OP any Pcrson having an Order for that Purpose uhder the

and^iberty Hand of such Treasurer, may inspect any County Rate made
' or to be made for any other County or Liberty or Franchise

J the Inhabitants of any Part of which shall be liable to be rated

I to the Police Rate in the first-named County^ and may also

{ inspect any Returns concerning all or any of the Parishes^

Tbwnships, Precincts^ and Places whether parochial or extn^
parochial) the Inhabitants of which are liable to be rated as
aforesaid, which have been or are to be delivered in pursuance
of any of the Acts relating to County Rates, and may take
Copies or Extracts from any such Rates or Returns, without
Payment of any Fee or Reward $ and if any Person having the
Custody of any such Rate or Return shall wilfully n^lect or
refuse to permit any such Treasurer or other Person autho*
rized as aforesaid to inspect the same, or to take Copies or Ex^
tracts from the same, within Two Days after such Order shall
have been produced and shown to him, or a Copy thereof left
at his bsucd Place of Abode, he shall, on Convictiori thereof be-
fore any Two Justices of the Peace, forfeit and pay for every
such Offence such Sum not exceeding Ten Pounds as they shall
think meet«
Superannuation X. And be it' enacted. That there shall be deducted from
^"°vi*Hf* ^® ^^y °^ every Constable belonging to the Police Force
cSiMtabie&*^ established in any County under the first-recited Act a Sum

after such yearly Rate as the Justices of the County in General
or Quarter Session assembled shall direct, not being a greater
Sum than Two Pounds Ten Shillings in a Hundred Pounds,
which Sum so deducted, and also the Monies accruing from
Stoppages from any of the said Constables during Sickness^ and
Fines imposed on any of the said Constables tor Misconduct,
and from any Portion of the Fines imposed by any Justice of
the Peace upon drunken Persons, or for Assaults upon Police
Constables, and from Moieties of Fines and Penalties awarded
to Informers (being Police Constables) on summary Convictions,
as shall be directed by such Justice to be paid for the Benefit of
this Fund, and all Monies arising from the Sale of worn or
cast Clothing supplied for the Use of the Constables in any
County, shall from Time to Time be invested in such Manner
as the Justices in General or Quarter Session assembled shall
direct ; and the Interest and Dividends thereof, or so much of
the same as shall not be required for the Purposes herein-after
mentioned, shall be likewise invested in the like Manner, and
accumulate so as to form a Superannuation Fund, and shall be
applied from Time to Time for Payment of such Superannuation
or Retiring Allowances or Gratuities as may be ordered by the
Justices in General or Quarter Session assembled, upon the
Recommendation of the Chief Constable, at any Time, to any
of the said Constables^ as herein-after provided ; and the Justices
shall guarantee the Security of the Superannuation Fund of
|;heir County, and make good out of the County Stock any

Deficiency

Defleiency which may arise in such Fund from the De&tilt of
any Treasurer or other Person intrusted with the Custody ^t
Management thereof.

XL And b^ it enacted) That it shall be lawful for the Rates of Ai~
Justices upon such Recommendation^ if they shall think fit, tt$ lowanoe from
order that any of the said Constables may be superannuated, ***® **** ^""^'
and receive thereupon out of the Superannuation Fund a yearly
Allowance, subject to the following Conditions, and not exceed-
ihg the following Proportions $ (that is to say^) that if he shall
have served with Diligence and Fidelity for Fifteen Years and
less than Twenty Years, an annual Sum not more than Half his
Pay 'y if for Twenty Years or upwards^ an annual Sum not more
than. Two Thirds of his Pay ; provided, that if he shall be under
Sixty Years of Age it shall not be lawful to grant any such
Allowance unless upon the Certificate of the Chief Constable
that he is incapable) from Infirmity of Mind or Body^ to dis-
charge the Duties of his Office ; provided also, that if any
Constable shall be disabled froth any Wound or Injury received
in the actual Execution of the Duty of his Office it shall be
lawful to grant him any Allowance not more than the whole of
bis Pays but nothing herein contained shall be construed to
entitle any Constable absolutely to any Superannuation Allows
ance, or to prevent him being dismissed without Superannuation
Allowance.

XIL And be it enacted, That it shall be lawful for the station Houses
Justices in General or Quarter Session assembled of any County ^^**^"^.
in which or in any Part of which Constables shall be ap-^ provided^
pointed under the first*recited Act, if they think fit, to order
that Station Houses and Strong Rooms, or either of them, for
the temporary Confinement of Persons taken into Custody by
the Constables, be provided in such Places as the said Justices
shall think fit, and upon such Plan as shall be approved by
One of Her Majesty's Principal Secretaries of States and for
that Purpose to purchase and hold Lands and Tenements, or
to appropriate to that Purpose any Liands or Tenements belong-
ing to the County which are not needed for the Purpose to
which they were applied or intended to be applied before such
Appropriation ; and the Expence of building, niring, or otlier*-
wise providing, repairing, and furnishing such Station Houses
and Strong Rooms shall be defrayed out of the Police Rates.

XIII. And be it enacted, That it shall be lawful for the Money may be
Justices in General or Quarter Session assembled to borrow bom>wedon
Money for the Purpose of purchasing any such Lands and PoiiceRatJ.
Tenements, or of building any such Station Houses and Strong
Rooms, and to charge the future Police Rates with the Amount
of the Loan, and Vith Interest thereon : Provided always, that
any Money borrowed for such Purpose shall be repaid by yearly
Instalments, not less than One Twentieth Part of the Sum
borrowed, with Interest on the same, in any Orie Year.

XIV* And be it enacted, That it shall be lawful for the Boroughs may
Justices of any County in which Constables shall have been *ff[e«^fon-
appointed under the said Act, and for the Council of any pJu^ ^^^

r incorporated County Police.

$18 Cap. 88. Comty and JHsirict ConMUes. S & 4 Vict.

incorporated Borouffh situated in or adjoining to such CSounly,
to agree together for the Consolidation of the County and
Borough Police Establishments; and in every such C^ all
the Constables appointed either for the County or the Borough
shall have all the Powers, PrivUeges, and Duties throughout toe
County and the Borough which Constables appointed for any
County have within that County under the said Act^ and all
the Provisions of the said Act shall be taken to apply to the
Borough Constables as well as to the County Constables, except
as is herein otherwise provided; and every such Agreement
which shall have been agreed to by the Justices of the Coun^
in General or Quarter Session assembled, on the one hand, and
by the Mayor, Aldermen, and Burgesses of the Borough, by
their Council, on the other hand, shall be binding on bod^
Parties, as soon as a Memorandum of such Agreement under
the Hands of Two or more Justices of the County, and counter-
signed by the Clerk of the Peace, shall be delivered to the
Council of the Borough, and a Counterpart thereof under the
Common Seal of the Borough shall be delivered to the Justices;
and when any such Agreement shall have been made between
any County and any Borough, either Party shall be empowered
to put an end thereunto, without the Consent of the other Party,
after Six Months Notice in Writing shall have been given to
the other Party ; such Notice, if given by the County, to be
under the Hands of Two or more Justices, and countersigned
by the Clerk of the Peace, or if given by the Borough, to be
under the Common Seal of the Borough: Provided always,
that no such Notice shall be given by the Justices, or by the
Borough, unless in either Case such Notice shall be agreed
upon b^ a Majority of Three Fourths of the Justices attending
at any General or Quarter Session, or Three Fourths of the
Council of the Borough.
GoTerninent of XV. And be it enacted, That in all Cases where the Estab-
miMoiidated lishmeut of County and Borough Constables shall be consoli-
^ '^* dated into One Police Establishment the Chief Constable of the

County shall hkve the general Disposition and Government of
all such Constables, subject to the Provisions herein-after con-
tained, and at his Pleasure may dismiss all or any of them;
and whenever the Chief Constable shall dismiss One of the
Borough Constables he shall report the Fact, with his Reasons
for the Dismissal, to the Mayor of the Borough, and the Watch
Committee of the Borough shall forthwith appoint another Con-
stable properly qualified, unless Provision shall be made in such
Agreement that all Constables shall be appointed by the Chief
Constable; and no Borough Constable who shall have been
dismissed by the Chief Constable shall be capable of being
re-appointed for the same Borough without the Consent of the
Chief Constable ; and so much of the said Act for regulating
Corporations as empowers the said Committee, or any Two
Justices of the Peace having Jurisdiction within the Borough,
to dismiss any Constable, shall be suspended, as to those
Boroughs whose Establishment of Constables is consolidated

with

1840. Cowity and District ConstabUs. Cap. 88. 519

with the Establishment of County Constables, during the Time
that any Agreement for such Consolidation shall be in force.

XVL And be it enacted. That the Chief Constable shall Appmntment
make out, and cause to be laid before the Justices acting in of L«»l Con-
and for every Petty Sessional Division of the County, at one of ■'^^
their Special Sessions holden for hearing Appeals against the
Poor Ilates, a List, signed by him^ of fit Persons residing within
every Parish, Township, and Place within the Division, willing,
in case of Need, to serve as Local Constables during the Year
then next ensuing, for doing all Things which belong to the
OflSce of Constable within such Parish, Township, or Place ;
and the Justices of each of such Divisions, at any Time, in
Petty Sessions assembled, shall select from the Persons named
in such List so many Local Constables as they shall think fit to
appoint for every such Parish, Township, or Place, and shall
cause to be administered to them the following Oath; (that is
to say,)

• f Jl JB. do swear, That I will well and truly serve our OtOk of ixwtl
« Sovereign Lady the Queen in the Office of Local Con- Con«t«ble.

* stable for the Parish [or Township, gpc] of [ ]
' for the Year ensuing, or until another shall be sworn in my
* ' Stead, according to the best 'of my Skill and Knowledge.

« So help me GOD.'
And all such Local Constables shall be subject to the Authority
of the Chief Constable, and to such Regulations as shall be
made for their Government by one of Her Majesty's Principal
Secretaries of State, and shall have within the whole County,
and also within all Liberties and Franchises and detached Parts
of other Counties situated therein, and also in every County
adjoining to the County in which they are appointed, all the
Powers, Privileges, and Immunities, and shall be liable to all
the Duties and Responsibilities, of a Constable within his Con-
slablewick, but shall not be bound to act as a Constable beyond
the Parish, Township, or Place for which they are severally
appointed and sworn ; and the Chief Constable, from Time to
Time, shall cause a List to be printed and published of the
Persons so appointed and sworn as Local Constables within each
Division, with the Names of the Places for which they are
severally appointed.

XVII. And be it enacted, That the Justices of the County Fees and Al-
in General or Quarter Session assembled shall from Time to ^J^??^f^
Time, subject to the Approval of one of Her Majesty's Principal ^^
Secretaries of State, settle Tables of Fees and Allowances for
the Service of Summonses and Execution of Warrants, and
for the Performance of the other occasional Duties which
may be required of the said Local Constables ; and whenever
any Duty for which any such Fee or Allowance shall have
been settled shall be performed by one of the Constables
appointed under the first-recited Act, the Amount thereof shall
be accounted for and paid to the Treasurer of the County, or
such other Person as shall be appointed by the Justices to
receive the samei and shall be applied towards defraying the

Expences

430

Cap.8&

County and District Consfybki. 8 & 4 Vict«

Accounts of
Allowances to
be kept.

Additional
Constables may
be appointed at
the Cost of
Individuals.

Discontinuance
thereof.

Power of
3&4W.4.C.90.
and of Local
Acts for levying
Rates to cease,
except as bereb
reserved for
paying addi-
tional Con-
stables.

Expences of putting the said Act in execution; and when
such Duty shall have been performed by one of the Locals
Constables appointed under this Act, the Amount of the Fee
or Allowance shall be paid to sueh Local Constable^ under
such Regulations as shedl be made from Time to Time by the
Justices in General or Quarter Session assembled.

XVIII. And be it enacted, That the Justices usually acting
in and for every Division shall take care that full, true, and
particular Accounts be kept of all such Fees and Allowances
witiiin their Division, and shall once in every Quarter of a Year
cause an Account, with all proper Vouchers for verifying the
same, to be delivered to the Treasurer of the County or other
Person appointed to receive the same.

XIX. And be it enacted, That it shall be lawful for the Chief
Constables of any County, with the Approval of the Justices:
of the County in Greneral or Quarter Si^ion assembled, (if he*
shall think fit,) on the Application of any Person or Perseni^
showing the Necessity thereof, to appoint and cause to be*
sworn in any additional Number of Constables, at any Placed
within the Limits of his Authority, at the Charge of the Person*
or : Persons by whom the Application shall be made, but
subject to the Orders of the Chief Constable, and for such'
Time as he shall think fit; and every such Constable shall
have all the Powers, Privileges, and Duties of other County
Constables : Provided always, that it shall be lawful for the
Person or Persons on whose Application such Appointment shall
have been made, upon giving One Calendar Month's Notice
in Writing to the Chief Constable, to require that the Con^
stables so appointed shall be discontinued, and thereupon the
Chief Constable shall discontinue such additional Constables.

XX. ^ And whereas an Act was passed in the Fourth Year
< of the Heign of His late Majesty, making Provisions for the

* lighting and watching of Parishes in England and WakSf
^ and divers Acts have been made authorizing the Appointment
^ of Constables and Watchmen, by Day or Night, in sundry

* Towns and Places within the Counties in which the firsL-
^ named Act may be put in force, and authorizing Rates to be
' made and levied for the Purpose of defraying the Expences

* of such Constables or Watchmen;' be it enacted, That^
notwithstanding any thing contained in the said Act of the last
Session of Parliament, the Constables or Watchmen appointed
in and for any Parish under the said Act of the Fourth Year
of the Reign of His late Majesty, or in and for any Town or
Place under any such Locstl Act as last aforesaid, and not
discontinued before the passing of this Act, shall continue to
act in their respective Appointments, and shsJl be subject to the
same Authorities as heretofore ; and all such Acts shall continue
in force until it shall be notified by the Chief Constable of the
County in which such Parish, Town, or Place is situated, to |he
Inspectors, Commissioners, or other Persons having Authority
Qver such Constables or Watchmen as aforesaid^ by Writing
under his Hand» that he iq ready to undertime Uie Charge of

such

1840. Counfy and IHdrict Caastabki.r Cap. 66; Ml

such Parisb, Town, or Place on some Day to be specified, in
the Notice,, which Notice shall be published within such Parish,
Town, or Place, in such Manner as shall seem fit to the
Chief Constable, for the Purpose of making the same to be
generally known ; and upon the Day so named the Watchmen
or Constables appointed within such Parish, Town, or Place;;
under the said Act of the Fourth Year of the Reign of His
late Majesty, or under such Local Act, shall be discontinued
as a separate Force ; and all Powers for assessing and levying
any Rate in such Parish, Town, or Place, the Whole or any
Part of which shall be applicable to the Payment of such Watch-
men or Constables, or any Expences incident thereunto, shall
cease, so far as such Powers relate to any whole Rate so
applicable, or to that Part of any Rate which shall be so
applicable, except, for such Purposes as are herein-pafter men'?
tioned: Provided always, that, notwithstanding any thing in
the ficst-named Act contained, the Powers of all such Acts
shall enute for the Purpose of enabling the Inspectors, Commisi-
sioners, or other Persons charged with the Execution of any
such Ael, to make such Application as aforesaid to the Chi^
Constable of the County for the Appointment in any such
Town or Place of an additional Number of Constables, and
to assess and levy such Rates as are authorized by the said Acts
in each Case for defraying the Expences of Constables or
Watchmen, and to apply them in defraying the Expence of
so many additional Constables in such Town or Place respec-
tively as the Chief Constable^ on their Application, and with
the Approval of the Justices as aforesaid, shall appoint there t
Provided also, that where any Parish, Town, or Place in which Proyisouto
Constables have been appointed under any such Local Act shall ^^^^^^^
be situated in more than One County, such Notice shall not one County.
be given by the Chief Constables of either CounQr to the Com«
missioners or other Persons having Authority over the Constables
in such Parish, Town, or Place until after Constables shall
have been appointed under the first«recited Act in each of such
Counties.

XXI. And be it enacted. That upon the Day mentioned in Watchbozesand
such Notice as last aforesaid all Watch-houses and Watchboxes ^^^^^T™^**
in any such Parish or Place, and all Arms, Accoutrements, and ^^ Acts^to*^
other Necessaries provided at the Public Expence for the be giren up for
Watchmen or Constables therein, shall be given up to such J?****^*p*,.
Persons as shall be named by the said Chief Constable, for "° ^ ° "*'
the Use and Accommodation of the Constables to be appointed
under the first^recited Act; and in case any Person having the
Charge, Control, or Possession of any Watch-house, Watchbox,
Arms, Accoutrements, or Necessaries as aforesaid, shall neglect
or refuse to give up the same as herein-before required, every * . '

such Offender, being convicted thereof before any Two Justices ..

of the Peace, shall for every such Ofience forfeit and pay, over
and above the Value of the Property not given up, such Sum|
not exceeding Five Pounds, as the said Justices shall think
meet; and where there shall be any Building, in. any such

Parish

522

Gap. 88.

County cmd District ComtahUs. 8 & 4 Vicri

Rata already
imposed to be
colkcted.

PiOTiaon for

outstanding

Debts.

Constables
appointed under
the first-rectted
Act and this
Act to be dis-
oaitinued wben
decided to be

Parish or Place as aforesaid, a Part only of which BuUding
shall have been heretofore used as a Watch-house, sudi Part
shall be given up evexy Day, from the Hour of Four in the
Afternoon until the Hour of Nine in the Forenoon, for the Use
and Accommodation of the Constables to be appointed under
the first-recited Act'; and if any Person, having the Charge,
Control, or Possession of any such Building, shall neglect or
refuse to give up* such Part thereof for the Purposes aforesaid,
or to permit free Access thereto or Egress therefrom during
anv Portion of the Time above prescribed, every such Offender,
bemg convicted thereof before any Two Justices of the Peace,
shall for every such Offence forfeit and pay such Sum, not
exceeding Five Pounds, as the said Justices shall think meet.

XXIL And be it eliacted, That any Rate authorized by the
said Act of the Fourth Year of the B^eign of His late Majesty,
or by any such Local Act^ for defraying the Expences of the
Constables or Watchmen in any Parish or Place, made previous
to the Day on which the said Chief Constable shall undertake
the Charge thereof, shall be levied and collected in the same
Manner as if the first-recited Act or this Act had not been
passed ; and that nothing herein contained shall be deemed to
affect or alter any Powers or Authorities for assessing and
levying any Rate in any such Parish or Place, so fitr as such
Rate may relate to paving, lighting, cleansing, or any other
Object^ except the Constables or Watchmen, or any Expences
incident thereto.

XXIII. < And whereas there are certain Parishes and Places

< in which Monies have been borrowed or advanced, and Debts
* contracted, under some one or more of such Acts as last

< aforesaid, for the building of Watch-houses, and for various
<- Expences connected with the Constables or Watchmen therein,
' and such Monies and Debts remain unpaid, and it is expedient

< that the same be discharged;' be it enacted, That all such
Monies and Debts in any Parish or Place of which the said
Chief Constable shall undertake the Charge shall, notwith-
standing any thing herein-before contained, be chargeable upon
the Rates out of which such Monies or Debts have been
heretofore in part paid, or would have been payable if the first-
recited Act or this Act had not been passed, and such Rates
shall be from Time to Time assessed and levied for the Payment
of such Monies and Debts until the same shall be entirely
discharged and satisfied.

XXIV. And be it enacted. That if the Justices of the Peace
of any County in General or Quarter Sessions assembled shall
be of opinion that the Constables appointed under the first-
recited Act or under this Act are no longer needed in their
County, it shall be lawful for the Justices assembled as afore-
said to report that Opinion to one of Her Majesty's Principal
Secretaries of State, Six Months Notice of the Intention to
propose that such Report be made having been first given as
is by the said Act provided with regard to any Business
relating to the Adoption of the said Act ; and if Three Fourths

of

1840. Cimniy and District Constables. Cap. 88. 523.

of the Justiees assembled at any such General or Quarter
Sessions of the Peace, after such Notice given, shall resolve
upon making such Report, and such Report shall be approved.
by one of Her Majest/s Principal Secretaries of State, the
said Constables shall be discontinued at such Time as shall be
mcoitioned in the Report ; and any Balance of Monies which
shall have been raised for the Purposes of the said Act, after
Payment of all Expences legally chargeable thereon, shall be
carried to the Account of the County Rate.

XXV. And be it enacted. That in any County in which Two Where Two
Chief Constables shall have been appointed under the Authority ^^^ ^"
of the said Act, it shall be lawful for the Justices of the said may beiened
Coun^, if they shall think fit, in General or Quarter Session separately.
assembled, to order that separate Accounts shall be kept of the
Expences of the Force placed under the Authority of each

Chief Constable, and that the Police Rates shall be assessed and
levied separately upon the Districts of each Chief Constable^
and applied separately to the Expences of the Police Force
maintained therein.

XXVI. * And whereas it hath been found unnecessary that Number of

* a Superintendent be appointed for every Petty Sessional ^y^^lJ^**
^ Division of a County in which the first-recited Act has been by the Justices.
^ adopted;' be it enacted, That it shall be lawful for the
Justices in General or Quarter Session assembled, with the
Approval of one of Her Majesty's Principal Secretaries of State,
to direct how many of the Constables shall be appointed Super-
intendents, and to direct the Appointment of Inspectors and
Serjeants and other subordinate Officers, with such Gradations of
Rank and Pay and such Variety of Duties as shall be found
expedient ; and it shall be lawful for the Justices to make such
Orders as to them shall appear expedient touching the At-
tendance of the Superintendents, Inspectors, Serjeants, or other
subordinate Officers among the said Constables upon the Justices
at their several Sessions,

XXVII. « And whereas the Number of Constables needed ^^^JT"*^?** ^^

« may be different in different Parts of the same County ; ' be **^*^**

it enacted. That it sliall be lawful for the Justices of the Peace
for any County in General or Quarter Sessions assembled, if
they shall be of opinion that a Distinction ought to be made
in the Number of Constables appointed to keep the Peace in
different Parts of the County, to divide the County or any Part
thereof into Police Districts, consisting of such Parishes and
Places, or Parts of Parishes and Places^ as shall appear to them
most convenient, and to declai*e the Number of Constables
which ought to be appointed for each Police District, and from
Time to Time to alter the Extent of such Police Districts, and
the Number of Constables to be appointed for each; and a
Report of every, such proposed Division or Alteration, and of
the Number of Constables proposed for each ^Police District,
with an Estimate of its Extent and Population, and of any
other Circumstances upon which the Determination of the
Justices shall have beea grounded, shall be sent to one of Her
[No. 34, /Vice 2(t] LI Majesty's

524 Cap.8a Comty and Disirici Chnsiabks. SSi^Yicr.

Majesty's Prindipal Secretaries of State^ and if approved by the

Secretary of State such Division or Alteration shall be deemed

to be completed.

Each Police XXVIII. And be it enacted, That if the Secretary of State

fo^te^^oJ^^*^ shall approve of such Division of the County or of any Part

Constables. thereof into Police Districts for the Purpose aforesaid, the

Expence of putting the said Act into execution in such County^
or Part of such County shall be classed under Two Heads, of
General Expenditure and Local Expenditure i and the General
Expenditure shall be defrayed in common by all the Districts,
and the Local Expenditure, consisting of the Expence of the
Salaries and Clothing of the Constables appointed for each
District, and such other Expences as the Justices, subject to
the Approval of the Secretary of State, shall direct to be in-
cluded under this Head, shall be defrayed by each Police
District separately ; and the Police Rates shall be assessed and
Constables sub. levied in each Police District accordingly: Provided always,
ai^Parto7the ^^^^ notwithstanding the Division of any County or Part of
County, as if any County into Police Districts, the Constables of all such Dis-
noDistricts had t^icts shall Continue as Part of the same Force, and be subject

to the same Authority, and be liable, if required, to perform

the same Duty, in any Part of the County or elsewhere, as if

no such Division into Police Districts had been made.

Justices iMy XXIX. And be it enacted. That in case the Justices of any

l^fP-ari^es] County shall not resolve on appointing Constables, under the

containing not Said Act of the last Session, for the whole of their County, it

i^abitenf *im^ ®^^^^ ^^ *^^"^ ^^^ ^^^' ^^ *®y ®^^^ ^'""^ ^^ ^° General or
i!m^^^oT^ Quarter Sessions assembled, to form any Number of contiguous

the Purposes of Parishes, Townships, or Places into a Division, so that such
this Act. Division contain not less than Twenty-five thousand Persons,

according to the last Census for the Time being, and to ap-
point Constables under the said Act for every such Division ;
and all Provisions of the said Act as amended by this Act, and
of this Act, relating to the Appointment of Constables for any
Division or Divisions for which Special or Petty Sessions of the
Peace are holden, or relating to Police Districts^ shall be
deemed to apply to the Police Divisions so formed.
Defining Na- XXX. Provided always, and be it enacted. That with the

ture of Notice. Notice of the Time of holding any such General or Quarter

Session or Adjournment thereof, as now required by Law,
Notice shall be given of the Day and Hour at which any Busi-
ness relating to the Adoption of the Provisions of this Act will
be considered at such Session.
Chief Constable XXXL And be it enacted^ That every Chief Constable
cierk^f thTe**"^ shall, ou the First Day of every Month, transmit to the Clerk
Peacea monthly of the Peace for the County for which or for some District
Return of Uie whereof such Constable shall act a Return showing the actual
NiJS^^r'ofthe'* Disposition and Number of thiB Constabulary Force of the
Constabulary County or District for which such Constable shall act during the
Force. preceding Month, which Return shall specify the Changes

made from Time to Time in such Force as well in Number as
by Name, and shall distinguish by Number and Name th«

Members

.1840. (hwity and Didriet CoHdabkB. Cap;88« 625

Members of the Police Force of any other District serring within
his District ; and the Clerk of the Peace shall cause the said
Return to be laid before the Justices at the next ensuing
Quarter Sessions for Examination.

XXXII. And be it enacted. That every Superintendent Monthly Re-
appointed under this Act shall, on the First Day of every f^*J[^*^
Month, send to the Chief Constable a Return showing the m^ ^
actual Disposition and Number of the Constables of the Cbunty

under his Superintendence during the preceding Month, which
Return shall specify the Changes made from Time to Time
therein, as well in Number as by Name 5 and the Chief Con-
stable shall send a Copy of all such Returns to the Clerk of
the Peace for the County, to be laid before the Justices of the
Peace at their next General or Quarter Sessions of the Peace.

XXXIII. And be it enacted, That whenever a Warrant of How Warrants
Commitment of any Person to any Gaol or House of Correction ^^f'^f^^
shall be directed and delivered to any Constable in any County cuted.

in which Constables shall have been appointed under the said
Act of the last Session of Parliament, it shall be lawful for the
Justice or Justices by whom such Warrant shall be signed, if he
or they shall think fit, in and by such Warranty to command
the Constable to whom the Warrant is directed, and all other
Constables to whom the Warrant shall be successively deli-
vered as herein-after provided, to convey and deliver the Body
of the Person so committed, with the Warrant, into the Custody
of the Constable who shall be in attendance at the nearest
or most convenient Station House or Strong Room belongine
to the said Police Force lying in the Way towards the saia
Graol or House of Correction, or to such other Constable as shall
be appointed by the Regulations of the Police Force to take
charge of Persons so committed; and every Constable into
whose Custody any such Person shall be so successively delivered
shall endorse upon the Warrant a Certificate in Writing under
his Hand of the Delivery of such Person into his Custody, and
the Time and Place of such . Delivery, and such Certificate
shall discharge the Constable so delivering over the Body of
such Person from further Execution of the Warrant; and it
shall be lawful for any Constable into whose Custody such Per-
sons shall have been so delivered to complete the Execution of
the Warrant, by conveying and delivering the Body of such Per-
son either to the said Gaol or House of Correction or into the
Custody 'of the Constable in attendance at the next Station
House or Strong Room as aforesaid, or to such other Constable
as shall be appointed by the Regulations of the Police Force
to assist in taking charge of Persons so committed ; and every
Constable into whose Custody any Person shall be so deli-
vered, and who shall have endorsed such Certificate upon the
Warrant, shall have the same Powers, Privileges, and Pro-
tections for and in the Execution of such Warrant as if the
same had been originally directed to him by Name.

XXXIV. And be it enacted. That in construing this Act intei^retatba
the Words « County *• and "Quarter Sessions'* shall be taken CUiwe

LI 2 to

526 Cap. 88, 89. Qmniy and District CondMes. 8&4VicT.

to be used in the same Sense in which they are used in the
first-recited Act: Provided always, that neither in the first-
recited Act nor in this Act shall die Word <^ County'' be taken
to mean any Liber^ or Franchise having a distinct Commission
of the Peace separate from the Commission of the Peace of the
County or Riding in which it is situated : Provided also, that
nothing herein contained shall extend to affect the Ide ofEb/^
or the Powers of the Justices named in the Commission of the
Peace thereof, or to give any Power or Authority within the ImU
of Ely to the Justices named in the Commission of the Peace of
die County of Cambridge.
Act to be con- XXXV. And be it enacted, That this Act, and so much of
ofb^ Srarimif *® ^^ ^^^ of the last Session of Parliament as is not inconsistent

with this Act, shall be construed together as One Act : Provided
always, that no Local Constable appointed under this Act shall
thereby become incapable of giving his Vote for the Election
of any Member to serve in Parliament, or be restrained from
employing himself in any Office or Employment]) for Hire or
Gain.
Act may be XXXVI. And be it enacted. That this Act may be

amended, &c. amended or repealed by any Act to be passed in this present

Session of FarUament.

43 Elix. c 2.

l3&14Car. 2.
c. 12.

CAP. LXXXIX.

An Act to exempt, until the Thirty-first Day of
December One thousand eight hundred and forty-
one. Inhabitants of Parishes, Townships, and Villages
from Liability to be rated as such, in respect of
Stock in Trade or other Property, to the Relief of
the Poor. [10th August 1840.]

XJIT HEREAS by an Act passed in the Forty-third Year of
^ the Reign of Queen Elizabeth^ intituled Jn Act far the
Relief of the Poor^ it was amongst other things provided, that
the Overseers of every Parish should raise, by Taxation of
every Inhabitant, Parson, Vicar, and other, and of every
Occupier of Lands, Houses, Titlies Impropriate, Propriations
of Tithes, Coal Mines, or saleable Underwoods, in the said
Parish, in such competent Sum and Sums of Money as they
shall think fit, a convenient Stock of necessary Ware and Stuff
to set the Poor on Work, and also competent Sums of Money
for and towards the Relief of the Poor not able to work, and
also for the putting out of poor Children to be Apprentices,
to be gathered out of the same Parish according to the Ability
of the same : And whereas by another Act passed in the Ses-
sion of Parliament holden in the Thirteenth and Fourteenth
Years of the Reign of King Charks the Second, intituled An
Act for the better Rditf of the Poor of this Kingdom^ the Provi-
sions of the said Act o( Elizabeth were extended to certain

< Townships

1840. Stock in Trade Bating Exemption. Gip. 89, 90. 527

< Townships and Villages: And whereasi by reasion of the

< Provisions of the said Acts, it has been held that Inhabitants
* of Parishes, Townships, and Villages, as such Inhabitants, are
' liable, in respect of their Ability derived from the Profits of

< Stock in Trade and of other Property, to be. taxed for and
' towards the Relief of the Poor, and it is expedient to repeal

^ the Liability of Inhabitants, as such, to be so taxed:' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, That from and afler the Stock in Trade
passing of this Act it shall not be lawful for the Overseers of "<** *® *^ '**«^
any Parish, Township, or Village to tax any Inhabitant thereof,
as such Inhabitant, in respect of his Ability derived from the
Profits of Stock in Trade'or any other Property, for or towards
the Relief of the Poor : Provided always, that nothing in this
Act contained shall in anywise affect the Liability of any Parson
or Vicar, or of any Occupier of Lands, Houses, Tithes Impro-
priate, Propriations of Tithes, Coal Mines, or saleable Under-
woods, to be taxed under the Provisions of the said Acts for
and towards the Relief of the Poor.

11. And be it enacted, That this Act shall be in force till the Duration of
Thirty-first Day of Decejnber in the Year of our Lord One ^^
thousand eight hundred and forty-one^ and that from the said
Thirty-first Day of December this Act, and all the Provisions
herein-before contained, shall absolutely cease and be of no
effect.

CAP. XC.

An Act for the Care and Education of Infants who
may be convicted of Felony. [10th August 1840.]

* Y/y HEREAS it is expedient that every Facility should be

* ^ " offered for the Improvement and better Education of

* Infants imder the Age of Twenty-one who have been or
^ may be convicted of Felony:' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-
rity of the same, That in every Case in which any Person Court of Chan-
being under the Age of Twenty-one Years shall hereafter be eery empowered
convicted of Felony, it shall be lawful for Her Majesty's High ^^^^"^
Court of Chancery, upon the Application of any Person or infi^tconXted
Persons who may be willing to take charge of such Infant, and of Felony to
to provide for his or her Maintenance and Education, if such *°^ ^iS,"^"th
Court shall find that the same will be for the Beilefit of such testamentary
Infant, due regard being had to the Age of the Infant, and to or natural

the Circumstances, Habits, and Character of the Parents, ^""**^-
testamentary or natural Guardian, of such Infant, to assign the
Care and Custody of such Infant, during his or her Minority,

LI 3 or

£98 Cap. 90. Comrided Infants Education. 3 & 4 Vict.

or any Part thereof, to such Person or Persons, upon such Terms
and Conditions, and subject to such Regulations respecting the
Maintenance^ Education, and Care ot such In&nt, as the said
Court of Chancery shall think proper to prescribe and direct ;
and upon any Order for that Purpose being made, and so long
as the same shall remain in force, the same shall be binding
and obligatory upon the Father, and upon every testamentary
or natund 'Guardian of such Infant, and no Person or Per-
sons shall be entitled to use or exercise any Power or Con-
trol over such Infant which may be inconsistent with such Order
Court may of the said Court of Chancery : Provided always, that the
sudi^AMi *^**^' said Court may at any Time rescind such Assignment, or
ment; from Time to Time rescind, alter, or vary any such Terms or

Conditions, or such Regulations, as to the said Court may seem
andaward^osts fitj and provided also, that the said High Court of Chancery
xn certain ases. ^j^^ ^^j ^^^^ award such Costs as to it may seem fit, against

any such Person or Persons who shall make such Application
as aforesaid, if such Application shall not appear to the said
Court well founded ; and such Costs shall be payable to any
Parent or other natural or testamentary Guardian of any such
Child who shall oppose such Application.
Infant not to jj, ^j b^ it enacted. That in every Case it shall be a Part

^e^Sels, &c/ ^^ ^^® Terms and Conditions upon which such Care and

Custody shall be assigned, that the Infant shall not^ during

the Period of such Care and Custody, be sent beyond the Seas

or out of the Jurisdiction of the said Court of Chancery.

No Fee to ^ ju, And be it enacted. That no Fee, Reward, Emolument,

of Court. ^^ ^^ Gratuity whatsoever shall be demanded, taken, or received

by any Officer or Minister of the said Court of Chancery for any.
Matter or Thing done in the said Court in pursuance of this
Counsel may Act; and that upon the making or opposing of any^uch Appli-
be assigned. cation it shall be lawful for any Judge of the said Court to assign

Counsel learned in the Law and to appoint a Clerk or Prac-
titioner of the said Court to advise and carry on or to oppose
such Application, who are hereby required to do their Duties
therein without Fee or Reward,
i^rf^f with ^ ^^- Provided always, and be it further enacted. That nodimg
Eiecution of in this Act contained shall aifect or in any Manner interfere
tbe Sentence, with the Execution of the Sentence which may have been

passed upon such Infant upon his or her Conviction.

1840.

Line% ^c Mam^adureMf Ireland.

Gap. 91.

629

5&6W.4.C.27.

l&2Vict.c.52.

CAP. XCI.

An Act for the more effectual Prevention of Frauds j/Z/^c/f^
and Abuses committed hy Weavers, Sewers, and
other Persons employed m the Linen, Hempen,
Union, Cotton, Silk, and Woollen Manu&ctures in
Ireland, and for the better Payment of their Wages,
for One Year, and from thence to the End of the
then next Session of Parliament

[10th August 1840.]

Y^HEREAS several Acts from Time to Time have passed
containing Regulations for the Linen, Hempen, Union,
and Cotton Manufactures in Ireland; and such Regulations
were, with certain Modifications, by an Act passed^ in the
Fifth and Sixth Years of the Reign of His late Majesty King
William the Fourth, intituled An Act to continue and amend
certain Beffulations Jbr the Linen and Hempen Manufactures in
Ireland, continued in force for the Space of Two Years, and
from thence until the End of the then next Session of Parliar
ment, when the same would expire, but were by an Act
passed in the First and Second Years of the Reign of Her
present Majesty, intituled An Act to continue for five Years,
and from thence until the End of the then next Session of Par-
liamentj an Act of the Fifth and Sixth Years of His late Majesty
for the Regulation of the Linen and Hempen Manufactures in
Ireland, continued m force for the Time therein limited and
expressed : And whereas the Provisions of the said Act have
not been found effectual to prevent or even materially to
check the Theft and Embezzlement of Linen, Hempen, and
Cotton Yarns, and of Cloths made of any one or of any Mix-
ture of these Materials, in Ireland ; and it is expedient to
make further Provision as well for the Benefit and Encourage-
ment of Trade and Manufactures as for the Security of the
Property of Manufacturers and Employers, and for that
Purpose to repeal Part of the said Act, and to enact other
Provisions in lieu thereof: And whereas it is necessary that
the said Provisions shall be extended to the Silk and Woollen
Manufactures :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by tlie Authority of the same, That
from and after the Commencement of this Act, so much of the
said recited Act passed in, the Fifth and Sixth Years of the
Reign of His late Majesty King William the Fourth, aiid con-
tinued in force by the Act passed in the First and Second Years
of the Reign of Her present Majesty, as relates to the Em-
bezzlement of Materials, and to Manufacturers and Weavers,
shall be and the same is hereby repealed, save and except in as
far as the same may have repealed any former Acts or Enact-
pents.

L 1 4 11. And

So much of
5&6 W. 4. c. 27.
as relates to the
Embezzleinent
of Materials, '
and to Manu-
facturers and
Weavers, re-
pealed.

630 Cap. 91. Linenf Sfc Manufactures^ Ireland. 3 & 4 Vict.

Persons con- H. And be it enacted, That if any Weaver, Sewer, or any

in^^ enitel^* Other Person whatsoever, intrusted, for the Purpose of Manu-
ziing any of the facture, or for any special Purpose connected with Manufacture^
Materials herein with any Linen, Hempen, Cotton, Silk, or Woollen Yarns, or
to7orfek"h^*^ any Two or more of these Materials mixed with each other, or
full Value of the any Cloths made of any one or any Mixture of these Materials,
same with Costs, or Tools or Apparatus for manufacturing tlie same, shall sell,

pawn, purloin, embezzle, secrete, exchange, or otherwise frau-
dulently dispose of the same or any Part thereof, he shall,
upon being thereof lawfully convicted by the Oath of the
Owner of such Cloths or Materials, or of any other credible
Witness or Witnesses, before a Court of Petty Sessions, or of
General or Quarter Sessions, be liable to forfeit the full Value
of the same, with such Costs and Penalty as shall not together
exceed Five Pounds, as the Court before which the Conviction
Application of shall take place shall judge to be most proper ; and every such
Forfeiture. Forfeiture and Penalty shall be applied, .under the Direction

of the Court before which the Conviction shall be, in manner
following; (that is to say,) in the first place, the Expences of
the Prosecution shall be thereout defrayed, and then such Satis-
faction shall be made thereout to the Party injured as the said
Court shall think proper, and the Remainder, if any, shall be
applied in the same Manner as any other Penalty under this
Act ; and in default of the immediate Payment, on Conviction,
of such Forfeiture and Penalty, the said Person so convicted
shall be imprisoned in the Common Gaol or House of Correc-
tion, and there kept to hard Labour, for any Time not exceed-
ing Two Months, unless the Amount of such Forfeiture and
Penalty and Costs be sooner paid.
Persons know- HI. And be it enacted. That any Person who shall purchase
bl OT^eceii^ir ^^ ^^^ ^^ pawn. Or who in any other way shall receive into
stolen Materials his Premises or Possession, Linen, Hempen, Cotton, Silk, or
or Tools guilty Woollen Yarns, or Cloths made of any one or of any Mixture
meLor • *' ^^ these Materials, or Tools or Apparatus for manu&cturing

the same, knowing that such Yarns, Cloths, Tools, or Ap-
paratus are embezzled, or that the Persons offering the same
for Sale are fraudulently disposing thereof, shall, on Conviction
by the Oath of One or more credible Witness or Witnesses,
be deemed and adjudged guilty of a Misdemeanor,
as also Persons IV. And be it eilacted. That if any Person shall sell, pawn,
ingllwtwmM!^' P^^g^> exchange, or otherwise unlawfully dispose of, or offer
&c.' stolen ' to Sell, pawn, pledge, exchange, or otherwise dispose of^ any
Materials or such Materials, Tools, or Apparatus as aforesaid, knowing
^ * them to have been purloined oi embezzled, or received from

Persons fraudulently disposing thereof, he shall, on Conviction,
be deemed and adjudged guilty of a Misdemeanor.
Justice of the V. And be it enacted. That on Proof on Oath that there is
Peace ^P®^"^ just Causc to suspect that any such Materials, Tools, or Ap-
Warrant for the paratus as aforesaid have been fraudulently sold, pawned,
Apprehenaon purloined, or embezzled by the Person to whom intrusted, or

a^ ^^r^*^ Act. ^^^^ *^"y ^^^^ Materials, Tools, or 'Apparatus have been pur-
"^"^ chased or received, or sold, pawned, pledged, exchanged, or

otherwise

1840. LineHf ffc* McmufixdureSi Ireland* Cup. 91. 5&1

otherwise fraudulently disposed o^ or offered for Sal^ Pawn,
Pledge, Exchange, or other Disposal, by any Person knowins
the same to have been purloineid or embezzled, or received
from some Person fraudulently disposing thereof, it shall and
may be lawful for any One Justice of the Peace, and he is
hereby required, to issue his Warrant for apprehending such
Person, and bringing him before him or some other Justice of
the Peace for Examination ; and if upon such Examination the and to commit
Charge of having fraudulently sold, pawned, purloined, or em- *^ 'se^"**
bezzled any such Materials, or of having purchased or received,
or sold, pawned, pledged, exchanged, or otherwise fraudulently
disposed of, or offered for Sale, Pawn, Pledge, Exchange, or
other Disposal, any such Materials, knowing tnem to have been
purloined or embezzled, or received from some Person frau-
dulently disposing thereof, shall be supported by Evidence to
raise a strong Presumption of Guilt, such Justice shall commit
such Person to the Common Gaol or House of Correction, in
order that he may be brought forward for Trial at the next
Court of Petty Sessions, or of General or Quarter Sessions,
unless he enter into such Bail with Two solvent and sufficient
Sureties, as may be required for his Appearance before such
Court : Provided always, that the Prosecutor is hereby exclu-
sively entitled to decide as vto whether he shall prosecute in a
summary Manner at the next Court of Petty Sessions, or other-
wise.

VI. And be it enacted. That if any credible Person shall Jiutioe empow-
make Oath before a Justice of the Peaces that there is a reason- ?Zl!h w^!
able Cause to suspect that any Person has in his Possession or nnts ; and to
on his Premises any purloined or embezzled Cloths, Yarns, detain Pro-
Materials, Tools, or Apparatus, such Justice is hereby autho- P^rty^PBwonfc
rized and required to grant his Warrant to search the Dwelling

House and Premises of such Person ; and if any such Pro-
perty shall be found therein, to cause the same, and the
Person in whose Possession or on whose Premises the same shall
be found, to be brought before him or some other Justice of
the Peace, who is hereby authorized to order his. Detention
imtil the Court of Petty Sessions, or of General or Quarter
Sessions of the District, unless he enter into such Bail, with
Two solvent and sufficient Sureties, as may be required for his
Appearance before the said Court on any Day to be fixed by
such Justice; and if the Person so apprehended shall not give Persons con-
an Account to the Satisfaction of such Court how he came '^^^ Sjj^?|!!^
by the same, then the said Person shall be deemed and ad- }„ theirPoMo^
judged guilty of a Misdemeanor, and shall be punished in sionguiltyofa
manner herein-after mentioned, although no Proof shall be MudcmeaDor.
given to whom such Property belongs.

VII. And be it enacted. That all Chief Constables and Chiefi Chief Consta.
of Police in. any District in Irelandy upon receivii^ Information *^["p*"/^ ^**^
that stolen or purloined and embezzled Linen, Hempen, Cot- ^wereSTto™"
ton, Silk, or Woollen Yarns, or Cloths made of any one or any ■eareh the Pre-
Mixture of these Materials, or Tools or Apparatus for manu- ^JJJ^^^"''
fecturing the same, or that such Yarns or Goods suspected of ReeeiTen of

being purlomedor

fi82 Cap. 91. LineUf ^c Mjomfactures^ Ireland. 8 & 4 Vict.

embezzled Pro- being Stolen or purloined and embezzled are deposited in
aXrti^*'*^°"* certain specified Premises,, and that there, is Reason to appre-
Warrant,upon b^nd that such Yams or Goods will be removed before a
Emergency. Warrant can be obtained from a Justice, shall henceforth have

Power, by themselves or their Officers, or by Ck>n8tables, to

search the said Premises, and to seize such Yarns or Goods,

and either to summon the Person within whose Premises the

same shall be found, and who shall be bound to answer said

Summons under a Penalty not exceeding Forty Pounds, or to

apprehend the Person within whose Premises the same shall

be found, and to lodge the Yarns or Goods so seized, and the

Person within whose Premises the same shall be foi;nd, in a

Police Office or other Place of Security, in order that he may

be brought before a Justice of the Peace for Examination, as

before directed.

Officers, Con. VIII. And be it enacted. That every Peace Officer and

oUiCTTtoa^ re- ^Jonstable, and every Watchman duly appointed by Law-, during

hend suspected ^ucb Time as he shall be on Duty, shedl and may apprehend

Persons, and to pr causc to be apprehended any Person whom he may reason-

th^?ro^m^1i ^^y suspect of having or carrying, or in any way conveying,

a Police Office, any* Property suspected to be purloined or embezzled, and

shall lodge such Person, together w\th the Property, in a Police
Office or other Place of Security, in order that they may^ be
brought before the nearest Justice of the Peace as soon as con-
venient, who is hereby empowered to discharge such Person,
or to order his Detention until the next Court of Petty Ses-
sions, or of General or Quarter Sessions of the District, unless
he enter into such Bail, with Two solvent and sufficient Sure-
ties, as may be required for his Appearance before ^aid Coijrt
Persons so ap- on auy Day to be fixed by said Justice ; and if the Person so
prehended, and apprehended in the Act of committing any such Offence as

Tint nrnvmir tnnr ^ ^ O v

the Property is aforesaid, or eonveymg any such Property as aforesaid, shall
honestly come not produce before the said Court the Person duly entitled to
by, guilty of a jjigpogg pf such Property, fi-om whom he bought or received the

same,- or shall not give an Account to the Satisfaction of the
said Court that the Property is honestly come by, then the
Person so apprehended shall be deemed and adjudged guilty of
a Misdemeanor, and be punished in manner herein«after men-
tioned, although no Proof shall be given to whom such Pro-
perty belongs.
Adjournment of IX. And be it enacted, That it shall be competent for the
allowed on P^rty accusod, in all Prosecutions brought under Authority of
Prisoner finding this Act, to move for and obtain an Adjournment of the Time
^^' fixed for Trial, for such a reasonable Time as may appear to

the Court to be necessary for the Party accused to produce
the Person duly entitled to sell, dispose of, or transmit the said
Property, of whom he bought or received the same, or Evidence
respecting the same; but the Party accused and requesting
such Adjournment shall be detained in Custody or committed
to Prison, unless he enter into such Bail, with Two solvent and
sufficient Sureties, as shall be required for his Appearance before
said Court at such Time and Place as shall be q)pointed.

X. And

1840. ZcMii, ifc Maamfadwre$^ Ireland. Cap.91. 583

X. And be it enacted. That ai)y Person who shall be deemed Penalties on
and adjudged guilty of a Misdemeanor, agreeably to any of the ^*^^^*^
previous Sections of this Act, shall, in addition to being de- meanors in
prived, without Compensation, of any stolen or embezzled having pur-
Materials or Goods which shall have been found in hb Posses- joined or em-
sion, forfeit any Sum not exceeding Twenty Pounds for each &<..
Offence, together with Costs, if tried in a summary Manner
before a Court of Petty Sessions ; or shall forfeit any Sum not
exceeding Forty Pounds, together with Costs, if tried before a
Court of General or Quarter Sessions ; one Moiety of the said
Penalty to be given to the Informer, the other to be applied in
the same Manner as any other Penalty under this Act ; and in
default of the immediate Payment, on Conviction, of such
Penalty and Costs the Person so found guilty shall, if the Trial
has been conducted in a summary Manner, be imprisoned in
the Common Gaol or House of Correction, and kept to hard
Labour, for any Term not exceeding Three Months; and if
the Trial has been conducted at a Court of General or Quarter
Sessions, he shall be imprisoned in the Common Gaol or
House of Correction, and thei'e kept to hard Labour, for any
Term not exceeding Six Months, as the Court in the Sentence
of Condemnation shall fix and determine: Provided always,
that in each of the Cases aforesaid the Person imprisoned shall
be released upon Payment of the Amount of the Penalty and
Costs to which he has been sentenced.

XL And be it enacted, That where no Proof shall be given How Property
at the Time of Conviction of the Ownership of Property found ^^^^ has been

X v seized fl.Tln 1^

in the Possession of a Person convicted umjer this Act, the unclaimed or
Justices shall cause the Property so found to be deposited in confiscated, shal.
some safe Place for any Time not exceeding Thirty Days, and ^ disposed of.
shall order an Advertisement to be inserted in One or more of
the public Newspapers of the Town or City nearest the Place
where the same was found, and shall cause Notice to be given,
if in a Town or City, by some public Crier, and by fixing a
printed Notice on some public Place, describing such Property
and where the same may be inspected ; and in case any Persoh
shall prove his own or his Employer's Ownership or Property
therein, upon Oath, to the Satisfaction of t))e Justices pre-
siding at the Petty Sessions of the District, Restitution of such
Pj-operty shall be ordered to the Owner thereof, after paying
the reasonable Cost of removing, depositing, advertising, and
giving Notice of the same; but if no Ownership be proved
to such Property, the Justices presiding at the Court of Petty
Sessions of the District shall, at the Termination of Thirty
Days, order such Property to be sold, and after deducting
the Charges aforesaid, with the Charges of Sale, shall order the
Residue to be applied in the same Manner as a Penalty
under this Act : Provided always, that if it appear to said Jus-
tices that the Yarns ar6 of such a » Kind as, if sold in an
unwrought State, would be. liable to be purchased by frau-
dulent Dealers, to be used by them as a Cover for their frau-
dul^it Transactions, the said Justices may order the same to

be

vers, &c. to be
worked up, may
at all reasonable
Hours enter into
Shops or Out-
houses to inspect
such Materials.

534 Cap. 91 . Linen^ 8^ Manufactures, Irdoaid. 3 & 4 ViCT.

be delivered to the Keeper of the nearest House of Correction,

or JBome other Person whom they may appoint, to be wrought

up and disposed of under his Inspection ; the free Proceeds of

the same^ when sold, to be applied as before directed.

Offenders shall XII. And be it enacted, That where any Offender has been

coiwtem convicted of any Offence under this Act (except Peijury or

Witnesses Subomation of Peijury), and has endured the Punishment to

which he has been adjudged, he shall not, after the Punishment
so endured, be deemed to be by reason of such Offence an in-
competent Witness in any Court or Proceeding, Civil or Cri-
minal ; and that the Informer or Prosecutor shall in every Case
under this Act be deemed a competent Witness to prove the
Offence charged.
Owners of XIII. * And whereas it frequently happens, by occasion of

iw^dto Wea- * ^^® ^®^ ^^^Z Detention of such Materials as aforesaid, de-
livered out to Weavers, Sewers, or other Persons employed
to work up the same, that it cannot be known to the Mas-
ters or Owners of such Materials whether the same may have
been purloined or embezzled, or whether the said Materials
are wholly or in part wrought or begun to be wrought, or in
what State or Condition such Materials may be;' be it
therefore enacted. That it shall be lawful for the Owner or
Owners of any such Materials, or any other Person duly autho-
rized by Y^voi or them, from Time to Time, as Occasion shall
require, to demand Leave of Entrance, and enter, at all reason-
able Hours in the Daytime, into the Shops or Outhouses of
any Person or Persons employed by him or them to work up
or manu&cture any of the said Materials, or other Place or
Places where the Work shall be carried on, and there to inspect
In case of Re- the State and Condition of such Materials ; and in case of
mT^a^*!? to**' Refusal by any such Person or Persons so employed to permit
a Justice for a such Entrance or Inspection, such Owner or other authorized
Search War- Person may go before the nearest Justice of the Peace, and
^^^ make Oath that such Materials have been intrusted to a Weaver,

Sewer, or other Person, and that he has reasonable Grounds
for suspecting some Loss or Injury to the Property so intrusted
as aforesaid, as such Person has refused to permit the same to
, be inspected ; and it shall be lawful for such Justice, and he b
hereby required, to issue his Warrant to search the Dwelling
House and Premises of such Person ; and if the whole of the
Materials so intrusted cannot be found therein, . or cannot be
produced to the Constable executing tlie Warrant, such Con-
stable shall apprehend such Person, and bring him before some
Justice of the Peace, there to be examined; and if upon
such Examination it shall be found that such Person has frau-
dulently sold, pawned, purloined, or embezzled, secreted, ex-
changed, or otherwise fraudulently disposed of any such
Property, he shall be liable to any of the Punishments awarded
for such Offence under this Act ; but if it shall be found that
no such Offence has been committed, such Person shall, for so
refusing to permit such Entrance for reasonable Inspection,
forfeit any Sum not exceeding Ten Shillings, as the Justice

before

1840. Lhuny jfc Mcmufbetwres^ Inhmd. Cap. 91. 585

before wbom he shall be examined shall think proper, to be
applied, in the first place, in deFraying the Expences of the
Prosecution, and, in the next place, as any other Penalty under
this Act.

XIV. And be it enacted. That if any Manufacturer, Agent, Justice may
or any other Person duly authorized by him, shall make Oath f^^J^ Jlwl
before a Justice of the Peace that any such Materials as afore- pUint on Oath
said have been intrusted to a Weaver, Sewer, or other Person, that a Person
and that he has absconded, or that the Deponent has just |||^^^,^
Cause to suspect, and does suspect, that such Person is about
to abscond, it shall be lawful for such Justice, and he is hereby
required, to issue his Warrant to apprehend such Person, and
bring him before him or some other Justice of the Peace;
and if such Person shall have absconded, or shall not forthwith

S've Security, to be approved of by the said Justice, for the
etum, in a finished State, of all 'such Materials so intrusted to
him, within such Time as shall be then agreed on, such Justice
shall, by Warrant, order any Constable with his Assistants to
enter the House of such Person, and take possession of all
such Materials so delivered to him as aforesaid (if a Warp on
the Beam, with the Beam and Mountings), and to bring the
same before the said Justice, when the said Justice will
direct the same to be delivered to the Owner or other Person
duly authorized by him, and forthwith release the Person in
Custody ; but if all such Materials are not in the House or
Possession of such Person, or cannot be produced to such
Constable^ such Person shall be deemed and taken to have
purloined or embezzled such Materials, and shall be liable to
any of the Punishments awarded for such Ofience : Provided
always, that from and after the passing of this Act the Chief
Constable or Chief of Police of any District, in the Absence of
a Justice of the Peace, or where a Warrant could not be pro-
cured before the Ofiender would be enabled to efiect his
Escape, shall have full Power and Authority, upon receiving
Information that a Person has absconded or is about to ab-
scond^ as above mentioned, and that there is Reason to appre-
hend that he will escape before a Warrant from a Justice can
be procured, to order any Peace Officer or Constable to appre-
hend such Person, and bring him before a Justice of the Peace,
or lodge him in a Police Office or other Place of Security, in
order that he may be brought before a Justice of the Peace.

XV. Provided also^ and be it enacted. That if it shall Pen*l/yon
appear to such Justice that the Manufacturer or Agent, or miJicloua*
other Person duly authorized by him, had no Foundation for Charge before
suspecting that the Weaver or Person so intrusted * would * J«s"*ce-
abscond, or that the Charge was made fiom a malicious, vexa-
tious, or improper Motive^ it shall be lawful for such Justice to
award the said Weaver or Person such Sum of Money, not ex-
ceeding Ten Pounds, as to such Justice shall seem fit, which
shall be paid by such Manufacturer, Agent, or Person as a
Compensation for the Injury done, and in ddfault of Payment

shall

536

Tickets of Par-
ticulars shall be
given out with
the Work, and
a Duplicate or
Copy to be kept
in a Weaving
Booki and to be
Evidence of
Agreement.

Manufacturers
n^lecting or
refusing to give
Tickets or pro-
duce Dupli-
cates deprived
of Remedy
under thi^ Act.

Penalty on
Weavers, &c.
not fulfilling
their Agree-
ments, &c. ;

or returning
Work before
finished.

Cap. 91. Linen, Sfc Manrfaetures, Ireland. 3'& 4 Vicr.

shall be levied by Distress upon such Manufacturer, Agent, or
Person's Goods.

X VL And be it enacted. That with every Warp given out by
a Manufacturer or Agent to a Weaver to be woven there shall
be delivered a Note or Ticket, signed by such Manufacturer
or Agent delivering out the same, stating the Length, Breadth,
and particular Fabric and Denomination of the Work to be
performed, the Number of Shots of Weft under the Glass
which it is to count out of the Loom, the Time in which the
said Work is to be finished and returned, and the Price,
in Sterling Money, agreed on for executing each Yard Im-
perial Standard Measure of Thirty-six Inches of such Work
in a workmanlike Manner ; and a Duplicate of every such
Note or Ticket, or a Copy of the substantial Contents of it
in a Weaving Book, shall be made and kept by the Manufac-
turer or Agent delivering out the same ; which said Note or
Ticket, or (in case of the said Note or Ticket not being pro-
duced by the Weaver) which said Duplicate or Copy of the
substantial Contents of it in a Weaving Book, in the event of
a Dispute between a Manufacturer or Agent and Weaver,
shall be Evidence of all such Matters and Things mentioned
therein, or respecting the same.

XVIL And be it etiacted. That any Manufacturer or Agent
refusing or neglecting to give such Note or Ticket in the
Manner hereby prescribed, or not producing ^uch Duplicate
or Copy of the substantial Contents of the same, when prose-
cuting a Complaint against any Weaver or Person to whom
Groo£ have been delivered out, shall be deprived of any
Remedy he might otherwise be entitled to under this Act
for the Recovery of any Property so delivered out, or for the
Punishment of any Offender or Offenders against any of the
Provisions thereof, in any Matter or Thing relating to the
said Property so delivered out without a Ticket

XVIII. And be it enacted. That if any Weaver, Sewer,
or other Person who shall be intrusted with any Linen,
Hempen, Cotton, Silk, or Woollen Yams, or any Two or more
of these Materials mixed with each other, or Cloths made of
any One or of any Mixture of these Materials, or Tools or
Apparatus for manufacturing the same^ shall not finish all such
Cloths, and weave all such Yarns, in such Manner, or iii such
Reeds, or into Cloth of such Breadths, and return the same
(together with the Tools or Apparatus, if required,) within
Eight Days of the Time which shall have been agreed upon by
the Owner of such Cloths or Yarns or his Agent, and such
Weaver, Sewer, or other Person, unless prevented by some
reasonable and sufficient Cause, to be allowed by the Court of
Petty Sessions before which he shall be brought, or shall leave
or return his Work before the same shall be completely
finished, without the Consent of his Employer, then, in every
such Case, such Weaver, Sewer, or Person, being thereof
lawfully convicted, by the Oath of One or more credible

• Witness

1840. Linen, Sfc* Mamfactares^ IrdantL Cap»91i 537

Witness or Witnesses before a Court of Petty Sessions, shall
forfeit atiy Sum not exceeding Two Poundsy together with
Costs, as the Court before which such Conviction shall take
place shall judge to be most proper { and every such For-^
feiture shall be applied, under the Direction of such Court,
in manner following ; (that is to say,) in the first place, the
Expences of the Prosecution shall be thereout defrayed, and
then such Satisfaction shall be made thereout to the Party in-
jured as the said Court shall think proper ; and the Remainder,
if any, shall be applied in the same Manner as any other
Penalty under this Act ; and in default of immediate'Payment,
on Conviction, of such Forfeiture and Costs, the said Person so
convicted shall be imprisoned in the Common Oaol or House
of Correction, there to be kept to hard Labour fbr any Term
not exceeding One Month, unless the Amount of such For-^
feiture and Costs be sooner paid.

XIX. < And whereas it frequently happens that Persons re* Persons re-

* ceive the Materials in fictitious Names in order to be manu- cf»^"« Mate-

< fiictufed ; and that Persons receive such Materials in their n^nufactured
' own Names in order to be manufactured by themselves, and in a fictitious

* afterwards deliver the same to others to be manufiictured^ ^*?^'.°^ ^

* without the Knowledge or Consent of the Owners thereof; samrtowiy
' and that Carriers or other Persons employed to deliver Ma^- other Person

* terials to Workmen to be prepared or manufactured do p**^**"* *^*:u

< designedly deliver such Materials to other Persons than those Owner, &c

< intended by the Owner of such Materials ;' be it therefore shall be liable
enacted. That if any Person «hall receive any of the aforesaid ^ ***.®j'*°^j
Materials in a fictitious Name in order to be manufactured ; or as^those not
if any Person shall receive in his own Name any of the said fulfilling their
Materials in order to be manufactured by himself, or on his Engagements.
own Premises, and afterwards (without the Consent of the Owner

thereof) deliver the same or any Part thereof to any other
Person to be manufactured ; or if any Carrier or other Person
employed to deliver ahy such Materials to any Workman, to
be prepared or wrought up, shall designedly deliver the same
to any Person other than the Person to whom such Materials
were ordered or intended to be delivered by tlie Owner
thereof; every such Person so offending, and being convicted
thereof on the Oath of One or more credible Witness or Wit-
nesses befbre a Court of Petty Sessions, shall for every such
Offence be liable to the same Punishment as is by the £igfa->>
teenth Section of this Act directed in respect to Persons not
fulfilling their Engagements.

XX. And be it enacted, That in Cases where any Weaver Justice to issue
or Person shall have been committed fbr embezzling or ille- ?^*^?J *^

Sally making away with a Part of the Property intrusted to ^" Poj^s^on
im, or shall hav^ been convicted of anv other Offence against of Property
any of the Provisions of this Act, it shall be lawful for the 'p^^l^J^f"^
Justice who committed such Person for embezzling or illegally mitfewi for em-
making away with a Part of the Property intrusted to him, or bexzling a Part,
fbr the Justice presiding at the Court of Petty Sessions befbre ®^ "^^^^ °^
which he has been convicted for that or any other OfiJence, luid Q^i^g^

he

588

Cap. 91.

Linen f 8fc. ManufiuiiireSf Ireland. 3 & 4 Vict.

Cloths, &c
intrusted for
manu&cturiiig
not liable to
Seizure for
Rent or any
other Debt of
the Worker.

Masters refus-
ing to pay
Wagesto Work-
men when due
may be sum-
moned before a
Court of Petty
Sesnons.

Masters not
ftimishing
lufficient Mji«

he or th^ is or are hereby required, to issue his or their War-
rant, authorizing a Constable, with his Assistants, to enter the
House and Premises of such Weaver or Person, and take
possession of all such Property so intrusted as shall be found
therein (if a Warp on the Beam, with the Beam and Mount-
ings), and to bring the same before the said Justice or Justices,
when the said Justice or Justices shall direct the same to be
delivered to the IManufacturer, Agent, or Person duly autho-
rized to receive the same.

XXI. And be it enacted, That if any Landlord or other
Person shall seize, carry off, or sell, by virtue of any Distress
Warrant, Execution, or other Proceeding for Rent hi arrear,
or Money due or alleged to be due, by a Weaver or Worker, or
on any other Account whatever, any Cloths, Yarns, Materials,
or Tools or Apparatus for manufacturing the same, belonging to
a Manufacturer or Agent, and intrusted by him to such Weaver
or Worker for the Purpose of Manufacture, or any Tools or
Apparatus actually employed in manufacturing such Cloths or
Yams, and shall refuse to restore Possession of all such Pro-
perty to such Manufacturer or Agent when demanded by him,
or some Person duly authorized by him, on such Manu&c-
turer or Agent tendering Security for ^e Return, of such
Tools or Apparatus as may not belong to . him as soon as the
Work shall be finished, any Justice of the Peace, upon Com-
plaint on Oath before him, shall, by Notice under his Hand,
require such Landlord or other Person to restore Possession
of all such Proper^ so seized and carried off or sold, or the
full Value thereof, and in case of Refusal shall issue his War-
rant to levy, by Distress and Sale of the Goods and Chattels
of such Landlord or Person, the full Value of the Pr<q>erty
intrusted, or, if returned without the necessary Apparatus,
the Amount of such Injury or Damage as it may have sustained,
together with all Costs of recovering and levying the same.

XXII. And be it enacted. That if any Manufacturer or
Agent employing or retaining any Weaver of Person shall not
from Time to Time, on the regular appointed Days and Hours
of Attendance, pay and discharge all Wages and Hire as the
same shall become due to any such Weaver or Person, such
Weaver or Person may summon such Manufacturer or Affent
before a Court of Petty Sessions ; and the Justices presiding
may hear and determine such Complaint, and order immediate
Payment of the Sum found due, together with Costs for Loss of
Time, and of recovering the same, and in default of imme-
diate Pajrment shall issue their Warrant to levy the same by
Distress and Sale of the Goods and Chattels of said Manu-
facturer or Agent ; and the said Justices, if they shall think
fit, may also, by Order in Writing, authorize such Weaver or
Person to return his Work unfinished, in which Case such
Weaver or Person shall not be liaUe to the Penalties awarded
by this Act.

XXIIL And be it enacted. That if any Manufiictm*er or
Agent employing or retaining any Weaver or Person shall not

furnish

1 840. Una^ S^c. MamfadureSf Ireland. Cap. 91. 539

furnish him with a sufficient Quantity of Materials to fini^ terialstoWork-
his Work, but shaU by withholding such Materials keep him ^''t'e^pS^J'"*"
or cause him to be kept idle, sudi Weaver or Person may them idle, may
summon such Manufacturer or Agent before a Court of Petty be summoned
Sessions ; and the Justices presidmg may, on such Complaint ^f p^^^ ^^
being proved before them, award such Weaver or Person such sions.
fair and reasonable Remuneration for any Loss that he may
have sustained by the withholding of said Materials as such
Justices shall think fit; said Remuneration, together with
Costs of recovering and levying the same, to be levied by
Distress and Sale of Goods and Chattels of said Manufac-
turer or Agent ; and the said Justices, if they shall think fit,
may authorize such Weaver or Person to return his Work
unfinished as above mentioned : Provided always, that if any
Question shall arise under this or tlie preceding Sections which
the Justices are imable to decide upon, they may, if they
think fit, refer it to Arbitration, to be settled in the Manner
provided by the Act of the Fifth Year of King George the
Fourth, intituled An Act to consclidaie and amend the Laws rela^ ^ ^' <* c. 96.
ting to the Ajiitration of Disputes between Masters and Workmen. ^

XXIV. And for the Discouragement of frivolous and vex- Penalty for
atious Informations and Prosecutions under this Act, be it ^]i^^^"^ ^
enacted. That it shall be lawful for any Court of Petty or of charge before
General or Quarter Sessions, before whom any Case under the Court.
this Act is tried, to award Costs to the Defendant in case of
Acquittal, to be paid by the Prosecutor ; and also, if it shall

appear to such Court that the Charge was made from a mali-
cious, vexatious, or improper Motive, it shall be lawful for
such Court to award to the Defendant such further Sum of
Money, not exceeding Twenty Pounds, as to such Court shall
seem fit, to be paid by such Prosecutor as a Compensation
for the Injury done; and in default of Payment such Costs
and Penalty shall be levied by Distress upon such Prosecutor's
Goods.

XXV. And be it enacted. That in every Case of summary Scale of Im-
Conviction under this Act, not specially provided for, where P'^»"nenton
the Sum which shall be imposed as a Penal^ by a Justice of ^dtlons under*
the Peace or a Court of Petty Sessions, together with such this Act not
Wages for Loss of Time as may be awarded against any Manu- «Pf^^*y p*"*^
facturer or Agent, and the Costs, if awarded, which Costs such

Justice or the Justices presiding at said Court is and are hereby
authorized to award, if he or they think fit, in any Case of a
Conviction under this Act, shall not be paid immediately after
the Conviction, or where a Warrant of Distress* shall be issued,
and no sufficient Distress shall be found, it shall be lawful
for the convicting Justice to commit the Ofiender to the
Common Gaol or House of Correction, there to be imprisoned
only, or to be imprisoned and kept to hard Labour^ according
to the Discretion of the Justices, for any Term not exceeding
One Calendar Month, where the Amount of the Sum forfeited,
or of the Penalty imposed, with or without Wages, together
with Costs, shall not exceed Five Pounds, and for any Term
[No. 85. Price 2d.'} M m not

540

Cap. 91.

Lxnen,^ ^c. Mcamfaetures^ Ireland. 3 & 4 Vict.

liimitation of
Time within
which Proceed-
ings must be
conmienced.

Justice of the
District in
which the Work
is given out to]
hare Authority
to act.

One Justice
competent to
receive In-
formation and
issue Warrant,
&c.

Adjudication
of the Justices
at Petty Ses-
sions may be
enforced by any
One of such
Justices.

Construction
of Terms.

Application of
Penalties.

Appeals from
i^ummary Con-

not exceeding Two Calendar Months where such Amount shall
exceed Five Pounds and shall not exceed Ten Pounds, and for
any Term not exceeding Three Calendar Months in any other
Case, unless the Amount and Costs be sooner paid.

XXVI. And be it enacted, That in all Ccuses of Complaint
of any Offence or Offences^ committed against the Provisions
of this Act Complaint is to be made within Four Months
from the Commission of the same, unless the offending Par^
may have in the meantime left the Country; and ill all Cases
where the Complaint is either made by a Manufacturer or
Agent against a Weaver or Worker, or by a Weaver or Worker
against any Manufacturer or Agent, the nearest Justice of
the Peace of the District in which the Cloths, Yams, Materials^
Tools, or Apparatus are given out to the Weaver or Worker^
and taken in from him, whetheif such Weaver or Worker
resides within the District or County or not, shall have full
Power and Authority and is hereby required to act when
applied to ; and in all such Cases the Court of Petty 'Sessions
or of Quarter Sessions of the said District is hereby autho*
rized and required to hear and determine such Complaint*

XXVII. And be it enacted. That in all Cases where by
this Act any Court of Petty Sessions or of General or Quarter
Sessions is authorized and required to hear and determine any
Complaint, One Justice of tibe Peace shall be competent to
receive the original Information or Complaint, and to issue
the Warrant to apprehend the Offender and commit him to
Prison, in order that he may be brought forward for Trial
(unless he enter into such Bail as may be required for his
Appearance at such Time and Place as shall be appointed), or
to issue the Summons requiring the Parties to appear before
a Court of Petty Sessions; and after Examination on Oath
into the Merits of said Complaint, and the Adjudication there^
upon by the Justices presiding at any such Court of Petty
Sessions being made, all and every the subsequent Pro-
ceedings to enforce Obedience thereto or otherwise, whetlier
respecting the Penalty, Fine, Imprisonment, Costs, or Matter
or Things relating to the Offence, may be enforced by any
One of the Justices.

XXVIII. And be it enacted. That in all Cases under this
Act, Singular is to include Plural, and Masculine Feminine ;
and in an Indictment or Information for Offences against
the Property of Partners, Joint Stock Companies, or Trustees,
it shall be sufficient to lay the Ownership in the Name of One
Partner or Trustee and others.

XXIX. And be it enacted. That all Forfeitures and Penal-
ties upon Convictions under this Act^ not specially provided
for, shall be paid, under the Order of the Court;, or. Justice
convicting, to any One or more public Charities within the
County, Town, or Place wherein such Conviction shall take
place.

XXX. And be it enacted. That in all Cases of summary
Conviction before a Justice of the Peace or Court of Petty

Sessions

1840. Linm^ Sf^ Manufactures^ Ireland. dap. 91. £41

Sessions under this Act, where the Sum adjudged to be paid victiona to the
shall exceed Two Pounds, or Imprisonment shall exceed One ^^^ ^
Month, any Person who shall think himself aggrieved by any g^ons.
such Conviction may appeal to the next Court of General or
Quarter Sessions which shall be held for the County, Town, of
Place where such Conviction shall have been made, (such Per-
son, at the Time of such Conviction, giving to such Justice, or
the Justices presiding at such Court, Notice in Writing of his
Intention to appeal, and also entering into a Recognizance at
the Time of such Notice^ with Two solvent and sufficient
Sureties, conditioned personally to appear at the said Sessions,
and to try such Appeal, and to abide the Judgment of the Court
thereupon, and to pay such Costs as shall by the Court be
awarded,) and upon such Notice being given and silch Re*
cognizance being entered into the Justice or Justices before
whom the same shall be entered into shall liberate such Person,
if in Custody; and the Court, at such Sessions, shall hear and
determine the Matter of the Appeal, and shall make such Order
therein, with or without Costs to either Party, as to the Court
shall seem meet ; and in case of the Dismissal of the Appeal,
or the Confirmance of the Conviction, the Court shall order and
adjudge the Offender to be punished according to the Convic-
tion, and to pay such Costs, if any, as shall be awarded, and
shall, if necessary, issue Process for enforcing Judgment.

XXXL And be it enacted, That no such Conviction, nor ConTictionnot
Adjudication made on Appeal therefrom, shall be quashed for J? ^**"*^5^
Want of Form, or be removed by Certiorari or otherwise into ponn or re-
any of Her Majesty's Superior Courts of Recovery ; and no moved by Cer-
Warrant of Commitment shall be held void by reason of any ^^^
Defect therein, provided it be therein alleged that the Party
has been convicted, and there be a good and valid Conviction
to sustain the same.

XXXII. And be it enacted, That, for the Protection of limitation of
Persons acting in the Execution of this Act, all Actions and '^*****'°*"
Prosecutions for Damage to be commenced against any Person
for any thing done in pursuance of this Act shall be laid and
tried in the County where the Fact was or is charged to have
been committed, and shall be commenced within Two Calendar
Months after the Fact committed, and not otherwise ; and
Notice in Writing of such Action, and of the Cause thereof,
shall be given to the Defendant One Calendar Month at least
before the Commencement of the Action ; and in any such General Issue.
Action the Defendant may plead the General Issue, or in case
of any Action of Replevin may avow generally that the Goods
and Chattels in question were taken under and by virtue of
this Act, and may give this Act and the special Matter in
Evidence at the Trid to be had thereupon ; and no Plaintiff Tender of
shall recover in any such Action if Tender of sufficient Amends -^™*"^
shall have been made before such Action brought, nor if a
sufficient Sum of Money shall have b<sen paid into Court after
such Action brought, by or on behalf of the Defendant or Avow-
ant : Provided cdways, that in all such Actions of Damages

Mm 2 the

542

Not to repeal
any Act Dot
herebyrepealed.

Public Act*

Act to extend
to Ireland, and
continue for
One Year.

Cap. 91, 92. Linen^ t^c. Manufactures, Ireland* 3 & 4 Vicr.

theTIaintifF shall be bound to establish, not merely that Damages
have been sii£Pered by him, but that the same have been wilfully
and maliciously caused by the Defendant or Avowant

XXXIIL And be it enacted, lliat nothing in this Act
contained shall extend or be construed to extend to repeal any
Act or Statute, or Part thereof, now in force, and not repealed
by this Act.

XXXIV. And be it enacted. That this Act shall be deemed
and taken to be a Public Act, and shall be judicially taken
notice of as such by all Judges, Justices, and others.

XXXV. And be it enacted. That this Act shall extend to
Ireland only, and shall commence and take effect from and
after the End of this present Session of Parliament, and shall
continue to be in force for One Year, and from thence to the
End of the then next Session of Parliament.

CAP. XCIL

An Act for enabling Courts of Justice to admit
^ Non-parochial Registers as Evidence of Births or
^//-ZT^ ^sr^Ty^ Baptisms, Deaths or Burials, and Marriages.

[10th August 1840.]

VI/^HEREAS by a Commission under the Great Seal,
^* bearing Date the Thirteenth Day of September in die
Seventh Year of the Reign of His late Majesty, certain
Persons therein named were appointed Commissioners for
inquiring into the State, Custody, and Authentici^ of any
Registers or Records of Births or Baptisms, I>eaths or
Burials, and Marriages lawfully solemnized, as had been kept
in England and Wcdes, other than the Parochial Registers,
and the Copies thereof deposited with the Diocesan Registrars,
and for inquiring whether any and what Measures could be
beneficially adopted for collecting and arranging and deposit-
ing such Registers or Records, and for considering and
advising the proper Measures to be adopted for giving full
Force and Effect as Evidence in all Courts of Justice to all
such Registers as were found accurate and faithful, and for
facilitating the Production . and Reception of the same ; and
by another Commission under tlie Great Seal, issued in the
First Year of Her present Majesty, the Powers and Duties
of the said Commissioners were continued : And whereas there
are now about Seven thousand Registers in the Custody of
the said Commissioners, which by their Report to Her Ma-
jesty, bearing Date the Eighteenth Day of June One thousand
eight hundred and thirty-eight, they have recommended to
be kept together in some secure Place of Deposit, and to be
deemed to be in legal Custody, and' to be receivable in
Evidence in all Courts of Justice, subject to certain Con-
ditions and Restrictions therein recommended :' Be it there-
fore

1840, Non-paroAial BegisUrs. Cap. 92. 548

ibre enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parlimnent assembled, and
by the Authority of the same. That the Registrar General of Certain Re-
Births, Deaths, and Marriages in England shall receive, and ^^^iJ^
deposit in the General Register Office, all the Registers and the Custody
Records of Births, Baptisms, Deaths, Burials, and Marriages of the Registrar
now in the Custody of the Commissioners appointed by Her ^*'**^
Majesty as aforesaid, and which they have by dieir said Report
recommended to be kept in some secure Place of Deposit^ and
also the several Registers and Records mentioned in the
Schedules (H.), (L), (P0> £ind (Q.), annexed to the said Report
of the said Commissioners, and also such other Registers as
are herein-after directed to be deposited with him : Provided Proviso as to
that none of the said Registers or Records not already in the Re^^»»not
Custody of the said Commissioners shall be received by the "^*
Registrar General, unless the Person or Persons now having
the Custody thereof shall, within Three Calendar Months from
the passing of this Act, send the same to the said Commissioners
for Examination by them.

II. And be it enacted, That such of the said Commissioners Continuance
as are now living shall be continued Commissioners for the ofCommis-
Purposes herein-after mentioned for the Space of Twelve "^"Ston^w.
Calendar Months from the passing of this Act, and they are
hereby authorized, from Time to Time during the said Twelve
Months, to inquire into the State, Custody, and Authenticity of Their Duty,
every Register or Record of Birth, Baptism, Naming, Dedicar
tion. Death, Burial, and Marriage which shall be sent to them
within Three Calendar Months from the passing of this Act^
and such as they shall find accurate and faithful they shall
certify under the Hands and Seals of Three or more of them
(of whom the Registrar General shall not be One) as fit to be
placed with the other Registers and Records hereby directed
to be deposited in the said Office ; and the Registrar General,
upon receiving the said Certificate of the said Commissioners,
accompanied by an Order of One of Her Majesty's Principal
Secretaries of State, shall receive such Registers and Records,
and deposit them with the Registers and Records which are
now in the Custody of the said Commissioners.

HI. And be it enacted. That every Office or Place where any Declaratory
Registers or Records which by this or any other Act are directed 5^^^!^ ***
to be in the Custody of the Riegistrar General shall be deposited Register Office,
by Direction of the Registrar General, with the Approval of the
Lord High Treasurer, or Three or more Commissioners of Her
Majesty's Treasury, shall be deemed to be a Branch or Part of
the General Register Office, so long as such Registers or Re-
cords shall remain therein, and the Execution of this Act shall
be deemed to be a Part of the Business of the General Register
Office.

IV. And be it enacted. That the said Commissioners shall Commissioners
ffom Time to Time deliver to the Registrar General a de- ^jiJ^J^
scriptive List or Lists of all the Registers and Records now in po£el

M m 3 their

544 Cap* 93. Non-parochial Registen. 3 & 4 Vict*

iheir Custodyt and also of all the Registers and Records which
shall be so certified as fit to be placed with the other Registers
and Records in the General Register^ Office, containing such
Particulars, and referring to the Registers and Records in such
Manner, as in the Opinion of the Registrar General shall be
sufficient to identify every such Roister and Record; and
Three or more of the said Commissioners, (of whom the
Registrar General shall not be One,) shall certify under their
Hands, upon some Part of every separate Book or Volume
containing aiw such Register or Record, that it is one of the
' Registers or Records deposited in the General Register Office
pursuant to this Act^ and in every Case in which the Com-
missioners shall certify to the Registrar General as aforesaid
(hat certain Parts only of such Registers or Records appear to
them to be original or authentic, the Commissioners shall refer
in the descriptive List or Lists, and also in the Certificate
upon such Book or Volume^ to those Parts, in such Manner
as to identify thpm to the Satisfaction of the Registrar
General^
Uatstobe V. And be it enacted. That the Registrar General shall

™^^' cfkwie Lists to be made of all the Registers and Records which

whi«h sbaU be may b^ plaoed iq his Custody by virtue of this Act; and every
/open to Search; Person shall be entitled, on Payment of the Pees herein-after
^^J!$ ^ ^^ mentioned, to search the said Lists, and any Register or Record
^i^^-i^i^^ xv^^^erein mentioned, between the Hours of Ten in the Morning
^^?^^^^*^!^ ^^<<tand Four in the Afternoon of every Day, except Sundays and
Z/i^<'Z^ffc ^y" Christmas Jiay and GoodPridayy but subject to such Regulations
^ ^ ^ may be made from Time to Time by the Registrar General,

with the Approbation of One of Her Majesty's Principal
and certified Secretaries of State, and to have a certified £xtract of any
A^^wn. Entry in the said Registers or Records, and for every Search

in any such Register or Record shall be paid the Sum of One
Shilling, and fi)r every such certified Extract the Sum of Two
Shillings and Sixpence, and no more.
Registera YL And be it enacted, That all Registers and Records

c^rt«i "* * d^ deposited in the General Register Office by virtue of this Act,
BhaU be re-' cxccpt the Registers and Records of Baptisms and Marriages
ceiyable in at the Fket and Kin^s Bench Prisons, at May Fair^ at the Mint
Evidence. ^ Sotithtoork, and elsewhere, which were deposited in the

Registry of the Bishop of London in the Year One thousand
eight hundred and twenty-one, as herein*after mentioned, shall
be deemed to be in legal Custody, and shall be receivable in
Evidence in all Courts of Justice, subject to the Provisions
herein-after contained ; and the Registrar General shall produce
or c^use to be produced any such Registrar or Record, on
Subpoena or Order of any competent Court or Tribunal, and
on Payment of a reasonable Sum, to be taxed as the Court
shall direct, and to be paid to the Registrar General, on account
of the Loss of Time of the Officer by whom such Raster
or Record shall be produced, and to enable the Registrar
General to defiriiy the travelling and other Expences ot such
Office?.

Vn. And

1840. Nan-paroehial BeffisUri. Cap. 92. 545

VII. 4nd be it enacted, That every Sum received under the Fees to b^
Provisions of this Act by or on account of the Registrar accounted for.
General shall be accounted for and paid by the Registrar
General, at such Times as the Commissioners of Her Majest}r'8
Treasury of the United Kingdom of Great Britain and Ireland
from Time to Time shall direct, into the Bank of Enghmdj
to the Credit of ijer Majesty's Exchequer, according to the
Provisions of an Act passed in the Fourth Year of His late
M&jesty King William the Fourth, intituled An Act to regulate 4&5W.4.c.i5.
the Office of the Receipt of His Mogesh/s Exchequer at West-
n^inster,

VIIL And be it enacted. That every Person who shall Wilful injury
vrilfully destroy or injure, or cause to be destroyed or injured, r^^*'^ ^
any Register or Record of Birth or Baptism, Naming or Dedi- Felony,
cation. Death or Burial, or Marriage, wnich shall be deposited
with the Reffistrar General by virtue of this Act, or any Part
thereof or shall falsely make or counterfeit, or cause to . be
fidsely made or counterfeited, any Part of any such Register
or Ilecord, or shall wilfully insert or cause to be inserted in
^uy of such Registers or Records any false Entry of any Birth
or Baptism, Naming or Dedication, Death or Burial, or Mar-
riage, or shall wilfully give any false Certificate, or shall certify
any Writing to be an Extract from any Register or Record
knowing the same Register or Record to be false in any Part
thereof, or shall forge or counterfeit the Seal of the said Office,
ahall be guilty of Felony,

IX. And be it enacted, That the Registrar General shall Extracts from
certify all Extracts which may be granted by him from the ^l^f^^^
Rasters or Records deposited or to be deposited in the said the Seal of
Office^ and made receivable in Evidence by virtue of the Pro- Office,
visions herein contained, by causing them to be sealed or

stamped with the Seal of the Office; and all Extracts purporting
to be stamped with the Seal of the said Office shall be received
in Evidence iu all Civil Cases, instead of the Production of the
original Registers or Records containing such Entries, subject
nevertheless to the Provisions herein-after contained.

X, And be it enacted. That every Extract granted by the Extracts to
Registrar General from any of the said Registers or Records ^V^ *^c
shall describe the Register or Record firom which it is taken, wh^o^'taken.
and shall express that it is one of the Registers or Records
deposited in the General Register Office under this Act ; and Production of
the Production of any of the said Raters or Records from ^^^\ *^
the General Register Office, in the Custody of the proper

Officer thereof, or the Production of any such certified Extract
containing such Description as aforesaid, and purporting to
be stamped with the Seal of the said Office, shall be sufficient
to prove that such Register or Record is one of the Registers
and Records deposited in the General Register Office under
this Act, in all Cases in which the Register or Record, or any
certified Extract therefrom, is herein respectively declared
admissible in Evidence.

M m 4 XL And

546 Cap. 92. Non-parochial Begisters. 8&4ViCT.

Certified Ex- XL And be it enacted. That in case any Party sbail intend
tuMUn^wts ^^ ^® ^^ Evidence on the Trial of any Cause in Miy of the
of Law and Courts of Comoion Law, or on the Hearing of any Matter
Sessions, upon which is not a Criminal Case at any Session of the Peace in
Notice given. jSnffland ov Wcdesj any Extract, certified as herein-before men-
tioned, from any such Register or Record, he shall give Notice
in Writing to the opposite Party, his Attorney or Agent, of his
Intention to use such certified Extract in Evidence at such Trial
or Hearing, and at the same Time shall deliver to him, his
Attorney or Agent, a Copy of the Extract, and of the Certi-
ficate thereof; and on Proof by Affidavit of the Service or
on Admission of the Receipt of such Notice and Copy such
certified Extract shall be received in Evidence at such Trial
or Hearing, if the Judge or Court shall be of opinion that such
Service has been made in sufficient Time before such Trial or
Hearing to have enabled the opposite Party to inspect the
original Register or Record from which such certified Extract
had been taken, or within such Time as shall be directed by
any Rule to be made as herein-afcer provided.
^^*'!L?"^^ ^^^* -^"^ "^ ^^ enacted. That in case any Party shall intend
must neverthe^^ ^® ^®® ^^ Evidence on such Trial or Hearing any original
less be given. Register or Record (instead of such certified Extract), he diall

nevertheless,' within a reasonable Time, give to the opposite

Party Notice of his Intention to use such original Register or

Record in Evidence, and deliver to such opposite Party a

Copy of a certified Extract of the Entry or Entries which he

.shall intend to use in Evidence.

Certified £x- XIIL And be it enacted. That in case ^my Party shall

*^*"^ "^ intend to use in Evidence on any Examination of Witnesses, or

denee*on Ex- ^^ ^^® Hearing of any Cause in any Court of Equity, any

amination of Extract, certified as herein-before mentioned, he shall. Ten

Witnesses, or at ^jj^^r Days at the least before Publication shall pass in any

the CimK'm^ Cause whcrc no Commission has issued for the Examination of

Courts of the Witnesses of the Party intending to give such Evidence, or

Equity, upon .^here such Commission shall issue then Seven clear Days at

the least before the opening of such Commission, deliver to

the Clerk or Clerks in Court of the opposite Party or Parties

a Notice in Writing of his Intention to use such certified

Extract in Evidence on the Examination of Witnesses or at

the Hearing of the Cause (as the Case may be), and shall at

the same lime deliver to the Clerk or Clerks in Court of the

opposite Party or Parties a Copy or Copies of such Extract,

and of the Certificate thereof, and thereupon such certificated

Extract shall be received in Evidence; provided that at the

Hearing of the Cause the Service of such pertified Copy and

Notice be admitted or proved by Affidavit.

If tbe Original XIV. And be it enacted. That in case any Party shall intend

be used. Notice to use in Evidence, on such Examination or Hearing in any

Emb be f^veo.** Court of Equity, any original Register or Record (instead erf"

such certificated Extract), he shall nevertheless, within the
Number of Days herein-before respectively mentioned, deliver

to

1840. Nrn'^pcarochid BegUters. Cap. 92. 547

to the Clerk or Clerks in Court of the opposite Party (ht
Parties a Notice of his Intention to use such original Register
or Record in Evidence, together with a Copy of a certified
Extract of the Entry or Entries which he shall intend to use in
Evidence.

XV. And be it enacted, That in case any Party shall intend ^^^,J'*'.
to use in Evidence, upon any Petition, Motion, or other inter- |„ interlocutory
locntory Proceedings in any Court of Equity or in the Master's Proceedings,
Office, any Extract, certified as herein-before mentioned, he S***"?*^
shall produce to the Court or Master (as the Case may be) " ^*
an Extract, certified as herein-before mentioned, accompanied

by an Affidavit stating the Deponent's Belief that the Entry op
Entries in the original Register or Record is correct and
guanine.

XVI. And be it enacted, That in case any Party shall intend Certified Ex-
to use in Evidence in any Ecclesiastical Court, or in the High ^^^T*
Court of Admiralty, any Extract, certified as hereiurbefore cal Courts;
mentioned, he shall plead and prove the same in the same

Manner to all Intents and Purposes as if the same were an
Extract from a Parish Register, save and except that any such
Extract, certified as herein-before mentioned, shall be pleaded
and received in Proof without its being necessary to prove the
Collation of such Extract with the original Register or Record :
Provided always, that the Judge of the Court, on Cause shown and the Judge
by any Party to the Suit (or of his own Motion when the Pro- !2*y"^f' ^*

'' J. •'. \ ft T> I.T J.' • uj" •^' Production of

ceedmgs are tnpcenam)^ may, after Publication, issue a Monition the OriginmL
for the Production at the Hearing of the Cause of the original
Register or Record containing the Entry to which such certified
Extract relates.

. XVII. And be it enacted. That in all Criminal Cases in in Criminal
which it shall be necessary to use in Evidence any Entry or ^|^J^* ^ |^
Entries contained in any of the said Registers or Records, pnXc^
such Evidence shall be given by producing to the Court the
original Register or Record.

X VIII. And be it enacted. That at any Time within Three R«ie« to be
Years from the passing of this Act such Rules may be made, by ^^^p^J
the Authority herein-after specified, for regulating the Mode of tice m to Ad.
Reception of the said Registers or Records, or certified Extracts miwon of
therefrom, in Evidence in the Courts herein-after mentioned, l^«8««^
and for regulating the Notice herein-before directed to be given,
and the Costs of producing such Registers or Records or
Extracts, as shall seem expedient, which Rules, Orders, and
Regulations shall be laid before both Houses of Parliament, and
shall take effect within Six Weeks after the same shall have
been so laid before Parliament, and shall thereupon be binding
and obligatory upon the said Courts respectively and be of (he
like Force and EiTect as if the Provisions contained therein
had been^herein expressly enacted.

XIX. And be it enacted, That such Rules shall be made for Who shall makt
the High Court of Chancery by the Lord High ChanceUor and '~^** ^*^
the Master of the Rolls, and for the Courts of Queen's Bench,
Common Pleas, and Exchequer, by Eight or more Judges of

the

948 Cap. 92, 93. Non-parochial BegisUrs. 3&4Vict.

the last-mentioned Courts, of whom the Chie& of each of the
last-mentioned Courts shall be Three, and for the High Court
of Admiralty by the Judge of the Court of Admiralty, and for
the Ecclesiastical Courts in England and Wales by the Official
Principal of the Court of Arches, with the Chancellor of the
Diocese of London, or with the Commissary of the Diocese of
CanUrbwry.
Fleet and May XX. And be it enacted. That the several Registers and
Fair Registers,, Records of Baptisms and Marriages performed at the Fleet and

Kin^i Bench Prisons, at May Fair, and at the Mint in South'"
toark, and elsewhere^ which were deposited in the Registry of
the Bishop of London in the Year One thousand eight hundred
and twenty-one, by the Authority of One of His late Majesty's
Principal Secretaries of State, shall be transferred from the
said Registry to the Custody of the Registrar General, who is
hereby directed to receive the same for safe Custody: Pro-
vided nevertheless, that none of the Provisions herein-before
contained respecting the Registers and Records made receivable
in Evidence by virtue of this Act shall extend to the Registers
and Records so deposited in the Registry of the Bishop of London
in the Year One thousand eight hundred and twenty-one as
aforesaid*
™J5!J ^- XXL And be it enacted. That this Act may be amended

or repealed by any Act to be passed in this Session of
Parliament,

amended, &c«

CAP. XCIII.

An Act to amend the Act for the better Regulation of
Ecclesiastical Courts in England.

[10th August 1840.]

< \1/^HER£AS it is expedient to make further Regulations
* ' " for the Release of Persons committed to Gaol under

< the Writ De contumace capiendo:' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Advice

* and Consent of the Lords Spiritual and Temporal, and Com-

mons, in this present Parliament assembled, and by the Authority
Privy Council of the Same, That after the passing of this Act it shall be lawful
™*y order Dis~ for i]^q Judicial Committee of Her Majesty's Most Honourable
loiJm Cus^y Pfi^y Council, or the Judge of. any Ecclesiastical Court, if it
under Writ shall Seem meet to the said Judicial Committee or Judge, to
^•^d^™^ make an Order upon the Gaoler, Sheriff, or other Officer in
^^* ' whose Custody any Party is or may be hereafter, under any

Writ De contumace capiendo already issued or hereafter to be
issued, in consequence of any Proceedings before the said Judicial
Committee or the Judge of the said Ecclesiastical Court, for
discharging such Party out of Custody; and such Sherifl^
Graoler, or other Officer shall on Receipt of the said Order
forthwith discharge such Party : Provided always, that no such
Qrd^r sh^ be made by the said Judicial Committee or Judge

without

1840. Ecdesiastieal Courtif England. Cap. 93* 640

without the Consent of the other Party or Parties to the Suit '
Provided always, that in Cases of Subtraction of Church Rate Proviso.
for an Amount not exceeding Five Pounds where the Party in
contempt has sufiered Imprisonment for £ix Months and upwards,
the Consent of the other Parties to the Suit shall not be neces-
sary to enable the Judge to discharge such Party, so soon as
the Costs lawfully incurred by reason of the Custody and Con-
tempt of such Party shall have been discharged^ and the Sum
for which he may have been cited into the Ecclesiastical Court
shall have been paid into the Registry of the said Court, there
to abide the R^ult of the Suit ; and the Party so discharged
shall be released from all further Observance of Justice in the
said Suit

IL And be it enacted. That any such Order may be in the Form of Order
Form given in the Schedule annexed to this Act.

III. And be it enacted, That this Act may be amended or Act may be
repealed by any Act to be passed in this Session of PbtHe^ amended, &c«
ment.

SCHEDULE.

Warrant of Discharge.

To the SheriflF [Gaoler, or Keeper, as the Case may fc,]
of in the County of

Forasmuch as good Cause hath been shown to us
[or me] [here insert the Description of the Judicial Qmmittee or
Judffe, as the Case may be^] wherefore A. B. of now

in your Custody, as it is said, under a Writ De contumace
capiendo, issued out of [here insert the Description of the Court
out of which the Writ issued]^ in a Suit in which [here insert the
Description of the Parties to the Suit"], should be discharged from
Custody under the said Writ ; we [or I], therefore, with the
Consent of the said [here insert the Description of the Parties
fionserUing'i, command you, on behalf of our Sovereign Lady the
Queen, that if the said A, B» do remain in your Custody for the
said Cause and no other, you forbear to detain him [or her]
any longer, but that you deliver him [or her] thence, and suffer
him [or her] to go at large, for which this shall be your sufficient
Warrant

Given under the Seal of at the

Day of in the Year of our Lprd

A, B^ Registrar or Deputy Registrar
[or, as the Case may be^-

550

Cap* 94. Administration of Justice {Chancery). . 3 & 4 Vict.

Lord Chancel-
lor, with the
Advice and
Consent of the
Master of the
Rolls and the
Vice Chancel-
lor, to make
Alterations in
Forms and
Mode of Pro-
ceedings.

CAP. XCIV.

eP^ /^c /*/~ An Act for &cilitating the Administration of Justice in
"^ the Court of Chancery. [10th August 1840.]

< Tl/'HEREAS it would greatly contribute tx> the diminishing
* ' * of Expence and Delay in Suits in the Court of Chancery
' if the Process, Pleadings, and Course of Proceeding therein
' were in some respects cdtered, but this cannot be conveniently
^ done otherwise than by Rules or Orders of the Judges of the

< said Court from Time to Time to be made, and Doubts may
' arise as to the Power of the said Judges to make such Altera-
^ tions as may be expedient without the Authority of Parliament :'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That the Lord
Chancellor, with the Advice and Consent of the Master of the
Rolls and the Vice Chancellor, or One of them, may and he
is hereby required, by any Rules and Orders to be from Time
to Time by him made with such Advice and Consent as afore-
said, at any Time within Five Years from the passing of this Act*
to make such Alterations as may seem expedient in the Form
of Writs and Commissions, and the Mode of sealing, issuing,
executing, and returning the same, and also in the Form of and
Mode of filing Bills, Answers, Depositions, Affidavits, and
other Proceedings, and in the Form and Mode of obtaining
Discovery by Answer in Writing or othewise, and in the Form
and Mode of Pleading, and in the Form and Mode of taking
or obtaining Evidence, and generally in the Form and [Mode
of proceeding to obtain Relief, and in the general Practice of
the Court widi relation thereto, and also in the Form and Mode
of proceeding before the Masters, and in the Form and Mode of
drawing up, entering, and enrolling Orders and Decrees, and
of making and delivering Copies of Pleadings and other Pro-
ceedings, and to make such Regulations as to the Taxation,
Allowance, and Payment of Costs, and for altering, super-
intending, controlling, and regulating the Business of the several
Offices of the Court, and also of collecting the Fees payable
to the Suitors Fee Fund, and for directing the Payment into
the Suitors Fee Fund of the Copy Money now received by any
of the Officers to their own Use, and otherwise for carrying into
eifect the said Alterations, as to them may seem proper ; and all
such Rules, Orders, and Regulations shall be laid before both
Houses of Parliament, if Parliament be then sitting, immediately
upon the making and issuing of the same, or if Parliament be

y y not sitting, then within Five Days after the next Meeting

Zi^Cc^C^ ^'^'^^^tS^^^^l ^^^ no such Rule, Order, or Regulation shall have

^ tr^^^^ti, .^^ effect until each House of Parliament shall have actually sat

^^^/^ rz. Thirty-six Days after the same shall have been laid before

' ^' each House of Parliament as aforesaid; and every Rule^ Order

♦ or

1840» . Admimdraiion of Justice (Ch(mcery)* Cap. 94* 551

or Regulation so made shall from and after the Time aforesaid
be binding and obligatory on the said Court, and be of like
Force and Effect, as if the Provisions contained therein had
been expressly enacted by Parliament, unless the same shall,
by Vote of either House of Parliament, be objected to.

IL And be it enacted, That from and after the passing of this Additional
Act such additional Officers, Clerks, and Messengers, in any of ^^^l"
the present or future Offices of the Court, as the Lord Chan- pointed.
cellor, with the Advice and Consent of the Master of the Rolls 't£**'^^^f^^^
and the Vice Chancellor, or One of them, shall determine to ^^ ^ ^ ^^ "^f
be necessary and proper^ shall and may be from Time to Time
appointed.

III. And be it enacted. That the Officers,' Clerks, and Mes- Present and
sengers who shall be appointed as hereinrbefore|directed, and the ^^^^ Salaries
present Officers, Clerks, and Messengers of the said Court, shall ^ writu^^r
receive by way of Salary or additional Salary for the Per- the Court to be
formance of tlieir several Duties such annual Sums as the Lord P*l^ out of the
Chancellor and the Commissioners of Her Majesty's Treasury "^ " "° *
shall from Time to Time fix and determine ; and that the same,

and the Expence of copying and writing for the said Court or
any of the Officers thereof shall be paid and payable under
an Order of the said Court of Chancery out of the Interest and
Dividends of the Government or Parliamentary Securities
which may at any Time be standing in the Name of the
Accountant General of the High Court of Chancery to an
Account entitled '< Account of Monies placed out for the Benefit
and better Security of the Suitors of the High Court of
Chancery/' and to an Account entitled *^ Account of Securities
purchased with surplus Interest arising from Securities carried
to an Account of Monies placed out for the Benefit and better
Security of the Suitors of the High Court of Chancery," or
either of them (but subject and without Prejudice to the Pay-
ment of any Salaries and othier Sums of Money by any Act or
Acts of Parliament now in force directed or authorized to be
paid thereout); provided that' nothing herein contained shall
authorize the Diminution of any of the several Salaries to which
the present Officers, Clerks, and Messengers are now entitled.

IV. ^ And whereas the Emoluments of some of the Officers Compensation
* of the said Court may be diminished by the Operation of fof Diminution
< this Act, or by the Rules and Orders to be made Uiereunder, J^ be"inade*to *
'for which they may claim to have Compensation made;' Officers out
be it therefore enacted, That it shall be lawful for the Commis- ^^^| S"****"
sioners of Her Majesty's Treasury for the Time being, or any "^ *
Three or more of them, and they are hereby required, within the

Space of Six Calendar Months after any such Claim shall arise
and be made, by Examination on Oath or otherwise^ (which
Oath they and each of them are and is hereby authorized to
administer,) to inquii*e whether any, and if any what. Com-
pensation, ought to be made to any Officer or Person claiming
such Compensation^ the said Commissioners having regard to
the Conditions on which the Appointment of any such Officer
was made, or to any Notice which at the Time of such Appoint-
ment

658 Cap. 94. Administration of Justice [Chomcery)* 3 & 4 Vict.

ment may have been given to such Officer that such Office
was to be holden subject to any Provision bv' Parliament
for the Abolition or Regulation thereof, but with full Power
for the said Commissioners to investigate and determine whether,
from the Nature of the said Offices or the Mode of Accession
thereto, any such Conditions or Notice could have been properly
made or given, and also having regard to the holding of any
Office, Place, or Situation by such Officer imder this Act;
and that in all Cases in which it shall appear to the said Com-
missioners that Compensation ought to be granted it shall be
lawful for the said Commissioners or any Three or more of
them, by Warrant under their Hands, to order and direct
that such annual or other Compensation shall be made to
the Persons so claiming such Compensation as aforesaid, or
any of them, as to the said Commissioners in their Discretion
shall seem just and reasonable ; and all such Compensations,
whether annual or in gross, shall be issued and paid and payable
by the said Accountant General of the said Court of Chancery,
by virtue of an Order or Orders for that Purpose to be made
by the said Court of Chancery, out of the Interest and Dividends
that have arisen or may hereafter arise from the Government
or Parliamentary Securities now or hereafter to be placed to
the said Two Accounts in the Bank of England standing in the
Name of the said Accountant Greneral of the said Court of
Chancery, and entitled <^ Account of Monies placed out for the
Benefit and better Security of the Suitors of die High Court of
Chancery,*' and " Account of Securities purchased with surplus
Interest arising from Securities carried to an Account of Monies
placed out for the Benefit and better Security of the Suitors of
the High Court of Chancery " (but subject and without Pre-
judice to the Payment of all Salaries and Sums of Money
which by any Act or Acts now in force are authorized to be
Account of paid thereout) : Provided always, that an Account of all such
^an^"to*br Compensations shaU, within Fourteen Days next after the same
Uid before Par- shall be 80 granted, be laid upon the Table of the House of
liamcnt. Commons, if Parliament shall be then assembled, or if Parlia-

ment shall not be then assembled, then within Fourteen Days
after the Meeting of Parliament then next assembled,
alu«'^*^**" V. And be it enacted, That in the Construction of this Act
*' the Expression " Lord Chancellor" shall mean also and include

the Lord Chancellor, Lord Keeper, and Lords Commissioners
for the Custody of the Great Seal of the United Kingdom for
the Time being.
Act may be VL And be it enacted. That this Act may be altered, amended,

amended, &c ^^ repealed during the present Session of Parliament

1840.

Coftmerce and NtwiffoHm.

Cap. 95.

Asa

CAP. XCV.

An Act to enable Her Majesty to carry into effect
certain Stipulations contained in a Treaty of Com-
merce and Navigation between Her Majesty and the
Emperor of Austria ; and to empower Her Majesty
to declare, by Order in Council, that Ports whicn are
the most natural and convenient Shipping Ports of
States within whose Dominions they are not situated
may in certain Cases be considered, for all Purposes
of Trade with Her Majestjr^s Dominions, as the
National Ports of such States. [10th August 1840.]]'

\^ HERE AS by an Act passed in the Session of Parliament
of the Third and Fourth Years of His late Majesty
King William the Fourth, intituled An Act for Ihe Encourage^ 3&4W.4.C.54.
ment o/* British Shipping and Navigation^ certain Goods therein
enumerated, being the Produce of Europe^ are prohibited to
be imported into the United Kingdom to be used therein
except in British Ships> or in Ships of the Country of which
the Goods are the Produce^ or in Ships of the Country from
which the Goods are imported: Ana whereas a Treaty of
Commerce and Navigation was entered into in the Year On^
thousand eight hundred and thirty-eight between Her Majesty
and the Emperor of Austria whereby the Commercial Inter-
course between Great Britain and Atistria has been greatly
increased : And whereas the Danube is the principal Outlet
for the Produce of a great Part of the Austrian Dominions,
and the Ports of the Danube which belong to • the Dominions
of Thrkeg are the natural Shipping Ports for such Produce ;
and by the Fourth Article of the said Treaty of Commerce
and Navigation it was agreed that all Austrian Vessels arriving
from the Ports of the Danube as far as Galatz inclusively
should, together with their Cargoes, be admitted into the
Ports of the United Kingdom of Great Britain and Ireland^
and of all the Possessions of Her Britannic Majesty, exactly
as if such Vessels came direct from Austrian Ports, with all
the Privileges and Immunities stipulated by the said Treaty
of Navigation and Commerce : And whereas it is desirable,
both in order to preserve eood Faith with Austria and to
secure to British Subjects the Benefits of the said Treaty,
that Her Majesty should be enabled to carry the Stipulations
of the said Fourth Article into eifect :' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled, and by the Autho-
rity of the same. That from and after the -passing of this Act it Her M^esty,
shall be lawful, notwithstanding any thing contained in the said ^ ^^' *" •
Act of the Third and Fourth Years of His late Majesty King ^^^^ eertam
WUUam the Fourth, for Her Majesty from Time to lime to Aiutnaii Ves-

dedare ■d«toi)ead-

554

mitted into the
Ports of the
United King-
dom, although
the Cargoes
may not be the
Produce of
Austria.

Cap. 95.

Commerce and Naoigaticn.

3&4VICT.

Her Majesty,
by Order in
Council, may
direct Foreign
Vessels to be
admitted to
British Ports,
although sailing
from Ports not
within the
Dominions of
the Country to
which such
Vessels belong.

Persons having
acted under a
certain Order
of the Cdmniis-

declare by Her Order in Council, to be published in the London
Gazette^ that all Austrian Vessels arriving from the said Ports
of the Danube as &r as Galatz inclusively shall, together with
their Cargoes, whether such Cargoes be the Produce of Anuria
or not, be admitted into the Ports of the United Kingdom of
Great Britain and Ireland^ and of all Possessions of Her Majesty,
e3cactiy in the same Manner as if such Vessels came direct from
Atatrian Ports ; and thereupon, and for so long a Hme as such
Order shall be declared to be in force or shall remain unre-
voked, it shall be lawful to import into the Britidi Dominions
from such Ports of the Danube^ in Austrian Ships, any Goods
which by the Laws in force at the Time of such Importation
might be there imported in Austrian Ships from Austrian Ports.
11. * And whereas by the Application of Steam Power to
Inland Navigation, and the Facility thereby aiTorded of
ascending Rivers in suitable Vessels with imported Goods,
new Prospects of Commercial Adventure are opened to many
States situated wholly or chiefly in the Interior of Europe^
and whose most convenient Ports are not within their own
Dominions, and consequently the Trade of this Country with
such States might be greatly extended if the Ships of such
States were permitted to use, for the Purposes of such Trade,
some Ports of other States in like Manner [as if such Ports
were within their own Dominions, and accordingly Treaties
of Commerce and Navigation beneficial to the Shipping and
Trade of this Country might be made with such States if Her
Majesty were enabled to carry such Treaties into effect;' be
t therefore enacted. That, notwithstanding any thing in the
said Act of His late Majesty contained, it shall be lawful for
Her Majesty from Time to Time to declare by Her Order in
Council, to be published as aforesaid, that any Port or Ports to
be named in such Order, being the most convenient Port or
Ports for shipping the Produce of any State to be also named
in such Order, shall, although not situated within the Dominions
of such State, be Port or Ports for the Use of the Ships of
such State in the Trade of such Shij)s with all Parts of the
British Dominions, or with any Part or Parts of the same
named and limited in such Oraer, in as full and ample a
Manner as if such Port or Ports were within the Dominions-
of such State ; and thereupon, and for so long a Time as such
Order shall be declared to be in force or shall remain unre-
voked, it shall be lawful to import into the British Dominions,
or into such Parts of the same as shall be named and limited
in such Order, from such Port or Ports, in the Ships of such
State, any Goods which by the Laws in foi*ce at the Time of
such Importation might then be imported in such Ships from a
Port of the Country to which they belonged, and so to import
such Goods upon die like Terms as the same could diere be
Imported from the National Ports of such Ships.

lU. * And whereas, by virtue of a certain Order made by
< Her Majesty's Commissioners of Trade and Plantations, under
* the Directions of the Xiords Commissioners of Her Majesty^s

• Treasury,

IMO.

Commerce and Namgaiim.

Cap. d5, 96.

5&S

Treaniryy an Auttrian ^ip laden with TwrkUh Produce at a nonen of Trade
TurhiJi Port was in the Month of September last admitted >^^^""
to Entry at the Port of GhucesUr on the Pajmient of a Find
of Ten Pounds : And whereas such an Importation is a direct
Contravention of the Navigation Act, but the Order having
been issued with a view to carry into effect the said Treaty
concluded in the Year One thousand eight hundred and
thirty-eight, it is expedient that all Persons advising, com-
manding, or canying into execution such Order should be
indemnified by Parliament in the Manner herein-after provided
for;' be it therefore enacted. That no personal Action or
Suit, Indictment, Information, Prosecution, or Proceeding what-
soever, shall be commenced or prosecuted against any Person
or Persons for having advised, commanded, or carried into
execution such Order ; and that if any Action or Suit, Indict-
ment, Information, Prosecution, or Proceeding, shall be com-
menced or prosecuted against any Person or Persons for having
so advised, commanded, or carried into execution such Order,
it shall be lawful for the Defendant in any such Action, Suit,
Indictment, or other Proceeding as aforesaid to apply to the
Court in which such Action or other Proceeding shall be
brought, prosecuted, or commenced, during the Sitting of the
Court, or to any Judge of such Court during Vacation, to
discontinue the Proceedings, and the same shall thereupon, by
Order of such Court or Judge, be discontinued accordingly.

CAP. XCVI.

An Act for the Regulation of the Duties of Postage. y^^f-^^^

[10th Au^t 1840.] y/f>^/i:A /<r

Tl^HEREAS by an Act passed in the last Session of Par-
^^ liament, intituled An Act far the/itrAer RegvlaJtion of (he s&s Victc.52.
Duties on Poetage until* the Fifth Day Jjf October One thousand
eight hundred andforty^ Power was given to the Commissioners
of Her Majesty's TreasurVf or any Three of them, by Warrant
under their Btmids, to alter, fix, reduce, or remit any of the
Rates of British or Inland or other Postage payable by Law
on the Transmission of Post Letters, and to subject such
Letters to Rates of Postage according to the Weight thereof,
and a Scale of Weight to be contained in such Warrant (with-
out Reference to the Distance or Number of Miles the same
might be conveyed), and to fix and limit the Weight of Letters
to be sent by the Post, and to suspend wholly or in part any
parliamentary or official Privilege of sending and receiving
Letters. by the Post free of Postage, or any other Franking
Privilege, and also to direct that Lietters written on stamped
Paper or enclosed in stamped Covers, or having a Stamp
affixed thereto, should (if within the Limitation of Weight
to. be fixed under the Provisions of the said Act, and if the
Stamp should not have been used before) pass by the Post
(;No,86. Price 2d:] N n • fr^

566

Cap. 96.

Poilage Dutiet,

3&4Vicf

Letters and
Newspapers and
other printed
Papers to be
subject to Re-
gulations and
Rates after
mentioned.

Ijetters tobe
charged by
Weight.

free of Postage^ and also to require, in case the Stamp on
which any letter should be written, or the Stamp on the
Cover in which it should be enclosed, or to which it should
be affixed, should be of less Value or Amount than in such
Warrant should be expressed, or should have been used
before, such Letter should be charged and chargeable with
such Rate of Postage as such Warrant should direct, and to
order and direct the Commissioners of Stamps and Taxes
from Time to Time to provide proper and sufficient Dies or
other Implements for expressing and denoting the Rates or
Duties which should be directed by any such Warrant as
aforesaid, and to give any other Orders and make any other
Regulations relative thereto they might deem expedient : And
whereas the Commissioners of Her Majesty's Treasury of the
United Kingdom of Great Britain and Ireland have, by several
Warrants under their Hands, in pursuance of the rower or
Authority given to them by the said Act, fixed and limited a
Scale of Weight of Letters to be transmitted by the Post, and
directed the Rates of Postage to be charged and taken on
such Letters, and have made Regulations for the sending of
Letters stamped free of Postage^ and made other Regulations
relative to the sending of Letters by the Post: And whereas
it is expedient that such Rates and R^uladons should be
made permanent by Law :' Be it therefore enacted by the
Queen's most ExceUent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal^ and Commons,
in this present Parliament assembled, and by the Authority of
the same, That all Letters and Newspapers and other printed
Papers, which shall be posted in any Town or Place within
the United Kingdom, or shall be brought from Parts beyond
the Seas to any Port or Place within the United Kingdom, or
shall be sent by the Post between the United Kingdom and
Places beyond the Seag» or between any of the other Places
herein-after mentioned, or shall pass through the United King-
dom, shall be subject to the several R^ulations and Rates
herein-after contained.

11. And be it enacted. That Letters transmitted by the Post
shall be charged by Weight according to the following Scale,
and that the severd Numbers of Rates of Postage herein-after
set forth shaU be charged by and be paid to Her Majestjr's
Postmaster General for the Use of Her Majesty, on Letters
transmitted by the ^ost ; (that is to say,)

On every Letter not exceeding lialf an Ounce in Weight,

One Rate of Postage :
On every Letter exceeding Half an Ounce and not ex^

ceeding One Ounce in Weight, Two Rates of Postage :
On every Letter exceeding One Ounce and not exceeding

Two Ounces in Weight, Four Rates of Postage :
On every Letter exceeding Two Ounces and not exceeding

Three Ounces in Weight, Six Rates of Postage :
And on every Letter exceeding Three Ounces and not exc-
eeding Four Ounces in Weight, Eight Rates of Postage :

And

1840. Podage DuHes. Cap. 96. S5T

And for every Ounce in Weight above the Weight of Four
Ounces there shall be charged and taken Two additional
Rates of Postage^ and every Fraction of an Ounce above
the Weight of Four Ounces shall be charged as One
additional Ounce.

III. And be it enacted, That no Letter exceeding Sixteen Umitatioa of
Ounces in Weight shall be forwarded by the Post between Weirfit.
Places within the United Kingdom, except Petitions and Ad- ^ir^fl^^ yy-
dresses to Her Majesty, and Petitions to either House of Par- "^^
liament, and except in such other Cases and subject to such
Regulations and Restrictions as the Commissioners of Her

Majesty's Treasury, by Warrant under their Hands, shall from
Time to Time direct.

IV. And be it enacted, That the following Rates of Postage Rates of Post-
shall be charged by and be paid to Her Majesty's Postmaster •««-
General, for the Use of Her Majesty, on Letters transmitted

by the Post ; (that is to say,)

Inland Letters.

On all Letters not exceeding Half an Ounce in Weight, Inland Letters,
transmitted by the Post between Places within the
United Kingdom, (not being Letters sent to or from
Parts beyond the Seas,) or posted in any Post Town in
the United Kingdom, addressed to Persons or Places
within such Town or the Suburbs thereof, there shall be
charged and paid One uniform Rate of One Penny,
without reference to the Number of Sheets or Pieces
of Paper, or Enclosures of which the same may be
comprised, or to the Distance or Number of Miles the
same shall be conveyed ; and that on all such Letters, if
exceeding Half an Ounce in Weight, there shall be
charged and paid progressive and additional Rates' of
Postage (each additional Rate being estimated at One
Penny), according to the Scale of Weight and Number
of Rates herein-before fixed and declared; provided
that such Postage of One Penny and such progressive
and additional Postage be pre-paid at the Time of posting
such Letters, or that such Letters be duly and properly
stamped when posted as herein-after provided; but in
case such Postage on any such Letters shall not be pre-
paid, and such Letters shall not be duly and properly
stamped, there shall be charged on such Letters the
Rate of Postage herein-after mentioned.

V. And be it enacted. That the Postmaster General may As to Lettew
forward Letters between Places in the United Kingdom by *°* ^ Vessels.
Vessels not Packet Boats, and that all Letters forwarded under

the Authority of the Postmaster General by private Vessels or
Packet Boats, and transmitted between Places in the United
Kingdom, shall be considered as foi-warded by the Post between
such Places, and be charged accordingly.

N n 2 CotoNUL

558

Colonial Let-
ters,

Cap^ 96.

Postage Duties^
CoLOKiAL Letters by Packet Boat.

3&4VicT

Ship Letter!.

Bates of Post-
age on Ship
Letters.

VL And be it enacted, That on all Letters not exceeding
Half an'Oiince in Weight transmitted by Packet .Boat between
the United Kingdom and Her Majesty's Colonies^'or between
any of Her Majesty's Colonies tlirough the United Kingdom,
(including Letters to and from the East Indies by any of Her
Majesty's Mediterranean Packet Boats to and from the United
Kingdom vid Syria or Egypty but not including' Letters sent
through JFVaiu:^,) there sludl be charged and paid the several
Rates 6i British Postage herein*after mentioned and specified;
(that is to say,)

Between any Place within the United Kingdom, wherever
situate, and any Port in Her Majesty's Colonies, One
uniform Rate of One Shilling, and between any of Her
Majesty's Colonies through the United Kingdom, One
uniform Rate of Two Shillings :
And on all such Letters, if exceeding Half an Ounce in
Weight, there shall be charged and paid progressive and
additional Rates of Postage, according to tne Scale of
Weight and Number of Rates herein-before. contained,
each additional Rate being estimated, at One Shilling or
Two Shillings, according as. such Letter shall be charge-
able under this EInactment, if not exceeding Half an
Ounce in Weight.

Ship Letters.

VIL And be it enacted. That the Postmaster General may
collect and receive Letters to forward by Vessels not Packet
Boats to Places beyond the Seas, and may forward the same
accordingly, and may collect and receive Letters brought by
aiiy such Vessels from Places beyond the Seas.

VIIL And be*it enacted. That on all Letters not exceeding
Half an Ounce .in Weight, transmitted by Vessels not Packet
Boats, between die United Kingdom and any Place beyond the
Seas, including Ceyhoy the MauritiuSi the Cape of Good JSiopej
and the J^iast Jndiesj or between any Places beyond the Seas
through the United Kingdom, there shall be charged and paid
for British Postage the Rates following ; (that is to say,)

Between the United Kingdom and any Place beyond the
Seas, at whatever Place within the United Kingdom the
Letters may be posted or delivered, One uniform Rate
of Eight-pence, and between any Places beyond the
Seas urouffh the United Kingdom, One uniform Rate
of One Shuling and Four-pence :
And on all such Letters, if exceeding Half an Ounce in
Weight, there shall be charged and paid additional
Rates of Postage, according to the Scale of Weight and
Number of Rates herein-before contained, estimating
and charging each additional Rate at Eight-pence or
One Shilling and Four-pence, according as such Let^
ters shall be cliargeable under this Enactment, if not

exceeding Half an Ounce in Weight.

Foreign

1840. Wastage DuUei. Gap. 96. 559

• • • • •

; Foreign . Letters.

i 1 IX. And be it enacted. That on all Letters transmitted by Foceign Leu
the Post between the United Kingdom and Foreign Parts, or **^
between any of the> Places out of the United Kingdom . men«
tioned]'in the. Schedule.' to this Act annexed, there shall be
charged and paid the. several Rates. of British Postage men-
tioned and specified in such Schedule.

X. And be it enacted, That all Letters brought into the Letters by
United Kingdom by Packet .Boats (whether in a MaU Bag ^«*«*»~*-
or not) shall be chargeable with Packet Posta^

'XI. And be it enacted, That< on all printed Votes and Poftegeon
Proceedings of the Imperial Parliament forwarded by the Post S^?!3^^
between Places in the United Kingdom, or posted in any Post "'***°*"^
Town of the United Kingdom, addressed to Persons or Places
within such Town, or the Suburbs thereof, and on all printed
Votes and Proceedings of the Imperial Parliament sent to any
ofHer Majest/s Colonies by Packet -Boat, and on all printed
Votes and Proceedings of the Colonial Legislatures sent to the
United Kingdom from, the Colonies by racket Boat (but not
through France nor to the Eaxt Indies by Her Majesty's .JlfiM^t-
terranean Packet Boats vid Syria ox Egypf)^ there shall be
charged and paid the Rates of British Postage following ; (that
is to say,)

If not exceeding Four Ounces in Weight, a Rate of One

Penny:
If. exceeding Four Ounces and not exceeding Eight

Ounces in Weight, a Rate.of Twc^pence :
If exceeding Eight Ounces and not exceeding Twelve

Ounces in Weight, a Rate of Three-pence :
And if exceeding Twelve Ounces and not . exceeding

Sixteen Ounces in Weight, a Rate of Four-pence : ^
And for every additional Four. Ounces in Weighjt aboje
the Weight of Sixteen Ounces there shall be charged
and paid an additional Rate of One Penny : ,
And aqy lesser Weight than Four Ounces sball.be diarged
>as Four Ounces :
Provide always,, that it shall be lawful for, the Postmaster Gene-
ral (ifhe shall see fit) to. delay the Transmission ^ of any such
Printed Votes or Proceedings for any Spjicip . i^ot exceeding
7wenty-four Hours from\the Time at winch the same would
otherwise have been forwarded. .

XII. And be it enacted, That all , Letters posted in any stamped
Town or Place within the United Kingdom shall, if written on Cofwt.
stamped Paper or enclosed in stamped Covers, or. having a
Stamp . or Stamps affixed thereto, and all printed Votes and
Proceedings of the Imperial. Parliament, and all . Newspapers
which shall be liable to Postage, under this Act, shall, if posted
in any Town or Place within the United Kingdom and enclosed
in stamped Covers, or having a Stamp or Stamps affixed there-
to, (the Stamp or Stamps in every such Case being affixed or
appearing on the Outside^ and of the Value or Amount berein-

N n 3 after

S60 Cap. 96. PoOage Dutiei. 3&4Vict.

after expressed and iroecially provided under the Authority of
this Act or of the said recited Act, and if the Stamp shall not
have been used before,) pass by the Post free of Postage as
herein-^fter mentioned ; (that is to say,)

In case any such Letters shall be posted in and addressed
to any Place within the United Kingdom, the Stamp or
Stamps thereon shall be equal in Value or Amount to
the Rates of Postage to which such Letters would be
liable under this Act if pre-paid :
In case any such Letters shall be addressed to any other
of the Britith Dominions or Colonies, or to any Foreign
Country, the Stamp or Stamps thereon shall be equal
in Value or Amount to the Rates of British Postage to
which such Letters would have been liable under this
Act:
And on all such printed Votes and Proceedings of Par-
liament and Newspapers the Stamp or Stamps shall be
equcd in Value or Amount to the Kates of Postage to
which such Votes or Proceedings or Newspapers would
have been liable under this Act :
And that in all Cases in which the same shall be necessary,
in order to place on any such Letters, printed Votes or
Proceedings of Parliament, and Newspapers, the full
Amount of Stamps hereby required as aforesaid, there
shall be e^xed thereto such a Number of adhesive
Stamps as alone or in Combination with the Stamp on
such Letters or Packets, or on the Envelope or Cover
thereof, will be equal in Amount to the Rate of Postage
to which such Letters, printed Votes or Proceedings
of Parliament, and Newspapers would be liable under
this Act
Additional XIII. And be it enacted. That in all Cases in which Letters

Postage on Let- posted in and addressed to Places within the United Kingdom
• ^^^''^ij"^ «hall be posted without any Stamp thereon, and without the
or pre-pai . Postage being pre-paid, there shall be charged on such Letters

a Postage of Double the Amount to which such Letters would .
otherwise be liable under this Act ; and in all Cases in which

f>rinted Votes or Proceedings of Parliament, or Newspapers
iable to Postage under this Act, shall be posted without any
Stamp thereon, there shall be charged on such Votes and
Proceedings or Newspapers the Postage to which the same
would be uable under this Act
I-etters re- XIV. * And whereas Letters and Packets sent by the Post

^^"^ « are chargeable by Law on being re-directed and again for*

* warded by the Post with a new and distinct Rate of Postage ;'
be it enacted, Tliat on every Post Letter re-directed (whether
posted with any Stamp thereon or not) there shall be charged
tor the Postage of such Letter, from the Place at which the
same shall be re-directed to the Place of ultimate Delivery (in
addition to all other Rates of Postage payable thereon), such a
Rate of Postage only as the same would be liable to if pre-
paid

XV. And

1840. Postage Ikaiei. Cap. 96. &6I

XV. And be it enacted, That in all Cases in which any Letters with
Letters posted in and addressed to Places within the United ^^p* ^q^
Kingdom shall be posted, having thereon or affixed thereto ^
any Stamp or Stamps the Value or Amount of which shall be
less than the Rate of Postage to which such Letters would
be liable under this Act if pre-paid, there shall be charged on
such Letters a Postage of Double the Amount of the Differ-
ences between the \^ue of such Stamp or Stamps and the
Postage to which such Letters would be liable as aforesaid, if
pre-paid.

XVL And be it enacted, That in all Cases in which any TheMmeasto
Votes or Proceedings of Parliament, Newspapers, addressed to S|jJ|J^^^7
Places within the United Kingdom, shall be posted, having ^~''**'^"^
thereon or affixed thereto any Stamp or Stamps the Value or
Amount of which shall be less than the Rate of Postage to
which such Votes or Proceedings or Newspapers would be
liable under this Act, there shall be charged on such Votes
or Proceedings or Newspapers a Postage equal to the Amount
of the Difference between the Value of such Stamp or Stamps
and the Postage to which such Votes or Proceedings or News-
papers would be liable as aforesaid.

XVIL Provided always, and be it enacted. That it shall in Option to pie-
all Cases be optional with the Parties sending any Letters, P*yo'»<**-
printed Votes or Proceedings of Parliament, or Newspapers,
by the Post, to forward the same free of Postage by means
of a proper Stamp or Stamps thereon or affixed thereto in
manner herein-before provided, or to forward the same in
like Manner as the same might otherwise have been for-
warded under this Act ; but, nevertheless, in case any Let-
ters, printed Votes or Proceedings of Parliament, or News-
papers, addressed to Places out of the United Kingdom, shall
have thereon or affixed thereto any Stamp or Stamps being less
in Amount or Value than the Rates of Postage to which such
Lietters, or such Votes or Proceedings, or Newspapers, would
be liable under this Act, such Letters, printed Votes or Pro-
ceedings of Parliament, or Newspapers, if the Postage thereon
be required by the Postmaster General under the Provisions
of this Act to be paid when posted, shall not in any Case be
forwarded by the Post, but shall, so far as may be practicable,
be returned to the Senders thereof through the Dead Letter
Office ; and if the Postage on such Letters, printed Votes or
Proceedings, or Newspapers, be not so required ^to be paid
when posted, the same may be forwarded charged with such
Postage as if no Stamp hsA been thereon or affixed thereto.

X VlII. And be it enacted, That it shall be lawful for the Postmaster
Postmaster General at 'any Time hereafter, with the Consent ^^^^^^^^
of the Commissioners of Her Majesty's Treasury, by Writing Letters o^er-
under his Hand, to declare that Letters enclosed in stamped wise than by
Covers, or having a Stamp or Stamps affixed thereto, (such ^^^ ^°**-
Stamps being provided under or in pursuance of the said re-
cited Act or of this Act, and being equal in Value or Amount
to the Rales of Postage to which such Letters would be liable

N n 4 under

563

Caiv96.

PoUage Duties.

3 & 4 Vict.

StaiDps to be
provided.

Separate Ac-
counts to be
kept of Stamp
Duties under
this Act.

under tlm Act if aent by the Post pre-paid,) may be sent^
conveyed, and delivered otherwise than by the Post, under
and subject nevertheless to all such Regulations and Restric-
tions as the Postmaster General, with such Consent as aforesaid,
may think fit, which Declaration shall be inserted in the
London Gazette before coming into operation ; and from thence-
forth, so long as the said Declaration shall continue in force
(but no longer), • any such stamped Letters may be sent, con-
veyed, and delivered otherwise than by the Post accordingly :
Provided^ always, that it shall be lawful for the Postmaster.
General, with such Consent as aforesaid, at any Time, by
Writing under his Hand, inserted in the London Gazette^ to
rescind and annul any such Declaration and the Authority
thereby given, or to alter and vary any of the Regulations and
Restrictions therein contained, and to make and establish any
new or other Regulations and Restrictions respecting the
sending, conveying, or delivering of such stamped Letters
otherwise than by the Post, as the Postmaster General, with
such Consent as aforesaid, shall deem expedient: Provided
also, that nothing berein contained shall authorize or be
construed to authorize any Person to make a Collection
of stamped Letters for the Purpose of being sent or conveyed
otherwise than by the Post

XIX. And be it enacted. That the Commissieuers of Stamps
and Taxes shall from Time to Time provide proper and suffi-
cient Dies or other Implements for expressing and denoting
Rates or Duties of One Penny and Two-pence, or Rates or
Duties of any other Value or Amount as may be directed
by the Commissioners of Her Majesty's Treasury, for the
Purposes herein mentioned ; and it shall be lawful for the said
Commissioners of Stamps and Taxes to use for the like Pur-
poses any Dies, Plates, or other^ Implements which have been
provided, made, or used under or in pursuance of the said
recited Act of the last Session of Parliament; and all Stamps
and Impressions which have been or shall be made or impressed
by or from any such last-mentioned Dies, Plates, or other
Implements shall be valid and available for the Purposes of
this Act

XX. And be it enacted. That the Commissioners of Stamps
and Taxes shall cause a separate Account to be kept of : the
Stamp Duties arising under this Act; and it shall . be :lawf«il
for the Commissioners of Her Maj.est/s Treasury, .and they
are hereby ' empowered, from Time to Time to direct the. said
Commissioners of Stamps and Taxes to authorize their Recei-
ver General to pay over such Sum and Sums of, Money, arising
from the said Stamp Duties as the^Commissioners of Her
Majesty's Treasury shall think proper to the Account of the
Receiver General of Her Majesty's Post Office at the Bank of
England; and all such Sums of Money which shall be so paid
over shall be held by the said last-mentioned Receiver Gene-
ral subject to all Annuities and yearly Sums now charged by Law
on . or payable out of the Post Office Revenues and all other

;, Charges,

1840, ' • Postage Duties. Cap. 96; 568

Charges, Outgoings, and Disbursements to which the Post Office
Revenue is at present liable. ' '' • ,

XXI. And be it enacted, That the Rates or Duties which Duties on Dies
shall be expressed or denoted by any such Dies as aforesaid* *<> be decmpd
shall be denominated and deemed to be Stamp Duties, arid* ™^ Duties,
shall be under the Care and Management of the Commissioners
of Stamps and Taxes for the Time being ; and all the Powers,'
Provislions, Clauses, Regulations, Directions, Fines, Forfeitures,
Pains, and Penalties contained in or imposed by the ^veral
Acts now in force relating to Stamp Duties shall (so far as
the same may be applicable, and maybe consistent with the
Provisions of this Act), in all Cases not hereby expressly pro-
vided for, be of full Force and Effect with respect to the
Stamps to be provided under or by virtue of this present Act,
and to the Paper on which the same shall be impressed, or to
which the same shall be affixed, and shall be observed, applied, ,
enforced, and put in execution for the raising, levying, collect-
ing, and securing of the Rates or Duties denoted thereby, and
for preventing, detecting, and punishing all Frauds, Forgeries,
and other Offences relating thereto, as fully and effectually, to
all Intents and Purposes, as if such Powers, Provisions, Clauses,
Regulations, and Directions, Fines, Forfeitures, Pains, and
Penalties, had been herein repeated and specially enacted with
reference to the said last-mentioned Stamps and Rates or
Duties respectively : Provided always, that uie Commissioners
of Stamps and Taxes shall not make or allow any Allowance
or Discount on the Payment to them of any of the said Duties
arising under this Act, or on the Purchase from them of any
Stamps denoting the said Duties, unless they shall be directed
to do so by the Lords of the Treasury.

XXII. And be it enacted. That if any Person shall forge or Forging or
counterfeit, or cause or procure to be forged or counterfeited, fraudulently
any Die, Plate, or other Instrument, or any Part of any Die, p^^^"* ^'
Plate, or other Instrument, which hath been or shall or may be
provided, made, or used by or under the Direction of the Comr-
missioners of Stamps and Taxes, or by or under the Direction
of any other Person or Persons le^Uy authorized in that Behalf,
for the Purpose of expressing or denoting any of the Rates or
Duties which are or shall be. directed to be charged under or
by virtue of the Authority contained in the said recited. Act of
the last Session of Parliament, or under or by virtue of this
Act ; or if any Person shall forge, counterfeit, or imitate, or
cause or procure to be forged, counterfeited, or imitated, the
Stamp, Mark, or Impression, or any Part of the Stamp, Mark,
or Impression, of any such Die, Plate, or other Instrument
which hath been or shall or may be so provided, made, or used
as aforesaid, upon any Paper or other Substance or Material
whatever; or if any Person shall knowingly and without law-
ful Excuse (the Proof whereof shall lie on the Person accused)
have in his Possession any false, forged, or counterfeit Die,
.Plate, or other Instrument^ or Part of any such. Die, Plate, or
other Instrument resembling or. intended to resemble either

wholly

564 Cap. 96. Postage Duties. 3&4VicT.

wholly or part any Die, Plate^ or other Instrument which hath
been or shall or may be so provided, made^ or used as afore-
said; or if any Person diall stamp or mark, or cause or pro-
cure to be stamped or marked, any Paper, or other Substance
or Material wlmtsoever, with any such false, forged, or coun-
terfeit Di^ Plate, or other Instrument, or Part of any such
Die, Plate^ or other Instrument as aforesaid ; or if any Per-
son shall use, utter, sell, or expose to Sale^ or shall cause or
Erocure to be used, uttered, sold, or exposed to Sale, or shall
nowingly and without lawful Excuse (the Proof whereof shall
lie on the Person accused) have in his Possession any Paper,
or other Substance or Material, having thereon' the Im-
pression or any Part of the Impression of any such false^
forged, or counterfeit Die, Plate^ or other Instrument, or Part
of any such Die, Plate, or other Instrument as aforesaid, or
having thereon any false, forged, or counterfeit Stamp or Im-
pression, resembling or representing, either wholly or in part,
or intended' or liable to pass or be mistaken for the Stamp,
Mark, or Impression of any such Die, Plate, or other Instru-
ment which hath been or shall or may be so provided, made, or
used as aforesaid, knowing such fadse^ forged, or counterfeit
Stamp, Mark, or Impression to be false, forged, or counter-
feit ; or if any Person shall, with Intent to defraud Her Ma-
jesty, Her Heirs or Successors, privately or fraudulently use,
or cause or procure to be privately or fraudulently used,
any Die, Plate, or other Instrument so provided, made, or
used, or hereafter to be provided, made, or used as aforesaid,
or shall with such Intent privately or fraudulently stamp or
mark, or cause .or procure to be stamped or marked, any
Paper or other Substance or Material whatsoever with any
such Die, Plate, or other Instrument as last aforesaid ; or if
any Person shall knowingly and without lawful Excuse (the
Proof whereof shall lie on the Person accused) have in his
Possession any Paper t>r other Substance or Material so pri-
vately or fraudulently stamped or marked as aforesaid ; then
and in every such Case every Person so offending, and .
every Person knowingly and wilfully aiding, abetting, or
assistinff any Person in committing any such Offence^ and
being wereof lawfully convicted, shall be adjudged guilty of
Felony, and shall be liable, at the Discretion of the Cpurt, to
be transported beyond the Seas for Life, or for any Term not
less than Seven Years, or to be imprisoned ibr any Term not
exceeding Four Years nor less than Two Years, as the Court
shall award.
For punishing XXIII. And be it enacted. That if any Person shall firau-
EvBMon of dulently get off or remove, or cause or procure to be gotten off
^ or removed, from any Letter or Cover, or any Paper or other

Substance or Material, the Stamp or Impression of any Die^
Plate, or other Instrument so provided, made, or used, or
hereafter to be provided, made, or used as aforesaid, with
Intent to use, join, fix, or place such Stamp or Impression
for, with, or upon any other Letter, Cover, Paper, or other

Substance

1840. Potkxge DtOiet. Cap. 96. 665

Substanee or Material \ or if any Person shall fraudulently lu^
join, fix, or place for, with, or upon any Letter or Cover, or
any Paper or other Substance or Material, any such Stamp or
Impression as aforesaid which shall have been gotten off or
removed from any other Letter, Cover, Paper, or other Sub-
stance or Material ; or if any Person shall fraudulently erase,
cut, scrape^ discharge, or get out of or from, or shall cause or
procure to be so erased, cut, scraped, discharged, or gotten out
of or from any Letter or Cover, or any Paper, or other Sub-
stance or Material, any Name, Date^ or other Matter or Thing
thereon written, printed, or expressed with Intent to use any
Stamp or Mark then impressed or being upon such Letter or
Cover, Paper, or other Substance or Material, or that the
same may be used for the Purpose of defrauding Her Majesty,
Her Heirs or Successors, of any of the Rates or Duties afore-
said; or if any Person shall make^ do, or practise or be con-
cerned in any other fraudulent Act, OHitrivance, or Device
whatever, not specially provided for by this or some other Act
of Parliament, with intent or Design to defraud Her Majesty,
Her Heirs or Successors, of any of the Rates or Duties,
aforesaid; every Person so offending in any of the several
Cases in this Clause mentioned shall forfeit and pay to Her
Majesty, or Her Heirs and Successors, the Sum of Twenty
Pounds, to be recovered with full Costs of Suit and all Expences
attending the same.

XXI V. * And whereas under the Laws in force it is pro- Licences may
vided that no Licence shall be granted to any Person to d^J^iw^e
deal in or to rtetail Stamps in any Town or Place in Ireland stamps inany'
(except within the District of the Dublin Metropolis) where Town in ire-
a Distributor of Stamps shall have been appointed by the J^^^^JbutS^
Commissioners of Stamps, and shall reside and act as such of stamps may
Distributor, and it is expedient to alter such Restriction so be appointed
far. as the same relates to Persons who may be licensed solely ^^®'®'
for the Purpose of dealing in or retailing Stamps denoting
the Duties on the Postage of Letters;' be it therefore enacted.
That it shall be lawful for the Commissioners of Stamps and
Taxes to grant Licence to any Person or Persons to deal in and
to retail Stamps denoting the Stamp Duties on the Postage of
Letters in any Town or Place in Ireland^ whether a Distributor
of Stamps shall have been appointed in such Town or Place,
and shall reside and act as such Distributor therein, or not, any
thing in any Act or Acts contained to the contrary notwith-
standing.

XX V. And be it enacted. That no Licence which shall be Licences and
granted by the said Commissioners to deal in and retail Stamps ^<^ ^^'
of the Description^ aforesaid only, nor any Bond to be taken g'^ ^^
on the granting of any such last-mentioned Licence^ shall be
subject or liable to any Stamp Duty.

XXVI. And be it enacted, That the Commissioners of Ex- Manufacture of
oise, or such Person or Persons as the Commissioners of Her ^*p®' ^^ ^°"
Majesty's Treasury shall direct, shall cause to be provided such ^^ ^^
Mould^ Frames, or Instruments, or {Machinery or Parts of

Machinery,

560

Cap. 9$.

PoAage DuHet,

3 & 4 Vict.

Contracts for
Paper.

As to pre^nt
Contracts. •

Mackineryi as . may be necessary for the making of Paper,: to
be used as Covers or Envelopes,^ or! Stamps, and to receive tl^e
Impression of the Dies, Plate^- or other Instruments which
. have been or shall be.. provided, made, or used by or under
the Direction of ^e .Commissioners of Stamps and Taxes, or of
any. other Person: or . Pei*sons legally authorized in that Be-
half, for the Purpose of -expressing 'or, denoting any of the
Rates or Duties. of. Postage winch are or shall be directed to be
charged under or by virtue of. the Authority contained in the
said recited Act'of uielast«Session.ofParliameht,v6r.under. this
Act, which Piqper.shall'have.such distinguishing,. Words, Letters,
Figures, Marks, Lines, Threads, or other Devices worked:. into
or visible: in the Substance of the same as the , said Commis^
sioners of Excise, or such' other Person t or Persons so directed
by the Commissioners of Her Majesty's Treasury, shall. from
lime to Time order and direct; ahd'it : shall .be.lawful for .the
said Commissioners of Excise or other Person or Persons, from
Time to Time as they shall see fit, to alter or vary any such
Words, Letters, Figures, Marks, Lines, Threads, or other De«^
vices, either by the Removal of any of them, and Substitution of
other Words, Letters, Figures, Marks, Xines, Threads, or other
Devices, or by any Change in the Position or Arrangement
thereof; and all such Moulds, Frames, or Instruments, Machi-
nery or Parts of Machinery, shall' be provided, and all such
Paper shall be made and manufiu^tured, under such Regulations,
and by such Person or Persons as the said Conmiissioners. of
Excise or other Person or Persons as aforesaid shall from,Tunef
to Time appoint or contract with for that Purpose;, and all the
said Moulds, Frames, or Instruments, ;ahd Machinery -or Partsr
of Machinery,' shall be kept by. such. Officer or Officers or
other Person as the said Commissioners .of > Excise^ or other
Person or Persons directed by the Convnissioners of Her Ma-
jest/s Treasury, shall appoint ; and all the Paper so made shall,
as the same is required, be delivered over to. the Cominis-
sioners of Stamps and Taxes, or to such Officer or Warehouse
Keeper as such lastrmentioned Commissioners shall direct to
receive and take charge of the same.

XXVII. And be it enacted. That all Contracts and Agree-
ments to be entered into by the Commissioners of Excise for or
relating to the Supply . of any such :Paper as aforesaid shall be
made in the Name of the Secretary for the Time being to the
said Commissioners, and his Successors in. Office, for and on be-
half of Her Majesty, Her Heirs and Successors.

XXVIIL ^ And whereas the Commissioners of Excise have,
^ under the Orders .and Directions of the Commissioners of Her

< Majesty's Treasury, contracted with certain Persons for the

< Manufacture and Supply of and have supplied to the Com-
^ missioners of Stamps and Taxes, for Postage Envelopes and
i Covers and Stamps, certain Quantities of Paper made and
^ manufactured with certain .Words, Letters, Figures, Marks,
^ Lines, Threads, or Devices worked into or visible in the.
^ Substance of such Paper^ according to the Samples thereof

< annexed

1840: ^ Pottage Duties. Cap. 96; 567-

'annexed to such Contracts ;V be it enacted. That idl the
Paper [so made and* snpplied, or which hereafter shall be made ' '

or supplied under any such Contract or Contracts, shall be
deemed and taken to be Paper subject to and the same shall be
subject to all the Enactments and provisions of this Act, in the-
same Manner as if the same had. been made and supplied under
the Enactments and Provisions herein-before contained. '
r XXIX.; And be it enacted, That if any Person shall make, or Puntshing
caiise or procure to be.made, or shall aid or assist in the mak- tenons manu-
fng,;or shall*: knojvirigly .have in his Custody or Possession hot u^g"pf °y »
Being legally authorized . by the Commissioners, of Excise, or similar to that
other Person < or Persons appointed .by the Commissioners of '>«^*<>'fP««*-
Her afajest/s Treasury, and without lawful . Excuse (the Proof '^ ^''^•
whereof shall lie on the Person accused), any Mould or Frame
or other Instrument having, therein any Words, Letters, Figures,
iMarks, Lines, or Devices peculiar to. and appearing. in the
Substance of any. Paper heretofore or hereafter to be provided
or' used for Postage Covers,. Envelopes, or Stamps, or .any Ma- |

chinery or Parts of Machinery for working any Threads into
the ' Substance '. of any Paper. or any such Thread, and ' intended " • /■- '
to imitate or pass for such Words, Letters, Figures, Marks, ' *J:'f
Lines, Thread^ or Devices; or. if any Person, except as be-
fore excepted, shall, make,' or cause or procure to be made, or
aid or assist in the making, of any Paper in the Substance of
which shall be worked or.. shall appear visible, any Words, Let-
ters, Figures, Marks, Lines^iThmtds, or other Devices peculiar
to and worked into, or .appearing . visible - in .the. Substance of
any Paper heretofore or hereafter to*, be provided; or used for
Postage Covers,: Envelopes, 'or. Stamps,, or any P<u*t of such
Word^ Letters, .Figures, .Maijis,:. Line% Threads, : or other
Devices,, and intended to imitate or pasafoirthe same; or if any
Person, except as before excepted,. shalLkhowingly . have in his
Custody or Possession,! without lawjFul .Excuse (the | Proof*
.whereof shall lie on the. Person accused), any Paper whatever
in the Substance whereof shall, be worked or apppar visible
any ? such, Words, Letters, Figures, Marks, Lines, Threads, or
^Devices, as I aforesaid, • or any Part^of such. Words, Letters, Fi-
gures,'. Marks, , Lines, Threads, or Devices, and intended to
imitate, or pass for the same; or if any Person, except as afore-
said; shall, by any Art, Mystery, or Contrivance, cause or pro-
cure, o^ aid or assist in causing or procuring, any such Words,
Letters,. Figures, Marks, Lines, Threads, or Devices as aforesaid,
or any. Part of . siich . Words, , Letters, Figure, : Matks,. Lines, .
.Threads,. or other Devices, and intended .to. imitate; or pass for
.the same, .to appear worked. in to, or visible in !the : Substance of
any Paper .whatever, then, and ;in [every, such. Case, every Person
so offending shdl for . evei;y suc^h Qffence be adjudged a Felon,
and sh^ be transported for . the Term otSeyen Years,. or. shall
.be imprisoned, at the Discretion of the Court before whom
fiuch Person diall he tried, for any Period not less than Two

Years.

XXX. And

568 Cap. 96. Postage Duties. S&4Vict.

Persons receiv- XXX. And be it enacted. That if any Person not law-
ing or having in f^j authorized, and without lawful Excuse (the Proof whereof
Paperproyided ^^^ ^^^ ^^ ^^ Person accused), shall purchase or receive, or
for Postage take or have in his Custody or Possession, any Paper manu-
&ta^ ®' - fiw5tured and provided by or under the Directions of the Com-
being^^amp^ missiouers of Excise^ or other Person or Persons appointed to
and issued for provide the Same by the CommiBsioners of Her Majesty's
^MiS*^*^ °^ Treasury, for the Purpose of being used for Postage Covers,
and su^!^^'' Envelopes, or Stamps, and for receiving the Impression of the
Imprisonment. Dies, Plates, or other Instruments provided, made, or used

under the Directions of the Commissioners of Stamps and
Ta^ces, or other Person or Persons legally authorised in that
Behalf, before such Paper shall have been duly stamped with
such Impression and issued for public Use, every sucn Person
shall for such Offence be guilty of a Misdemeanor, and being
convicted thereof shall, at the Discretion of the Court before
whom such Person shall be tried, be imprisoned for any Period
not more than Three Years nor less than Six Calendar
Months.
Postage on XXXI. And be it enacted. That in all Cases in which there

F^*^n*tat«. °^^ ** ^' **"^ ^ * Treaty between the Postmaster General and
"^ the Post Office of a Foreign Country for collecting and account-

ing for the British Postage on Foreign Letters sent by the
Post from the United Kingdom to that Foreign Country or to
any other Foreign Country, the Postmaster General may, so long
as the Treaty or Agreement shall continue in force, receive
upon any such Foreign Letters from the Sender the Postage^
both British and Foreign, in one entire Sum, and upon Foreign
Letters addressed to Places within Her Majesty's Dominions
may, whether there shall be any such Treaty or not, charge
the Foreign Postage in addition to the British Postage^ and he
may account for and pay over to the Foreign Countries entitled
* to receive the same the Amount of all such Foreign Postage ;
and it shall be optional with the Sender of a Letter addressed
to any Foreign Country included in such Treaty, or to any
Foreign Country to which such Treaty shall extend, either to
pay the British and Foreign Postage thereof in one entire Sum,
or to send the Letters without paying any Postage, either British
or Foreign, or he may otherwise pay the British Postage only;
and, subject to this Enactment, the Postmaster General may
cause the Postage of all Letters sent out of the United Kingdom
to be paid or stamped on being put into the Post Office.
Postage marked XXXII. And be it enacted, That the Foreign Postage marked
on Foreign on any Letter or Newspaper, or other printed Paper brought
E^fd^enc^ot into the United Kingdom, shaU in all Courts of Justice and
Amount of Other Placcs be received as conclusive Evidence of the Amount
Postage. of Foreign Postage payable in respect of such Letter, Newspaper,

or other printed Paper in addition to the British Postage ; and
such Foreign Postage shall be recoverable within the United
Kingdom and other Her Majesty's Dominions as Postage due
to Her Majesty.

XXXUL And

1840* PoOage Duties. Cap. 96. A69

XXXIIL And be it enacted^ That it shall be lawful for Her Postage on
Majesty's Postmaster General to charge on all Letters conveyed i*?**? ^^
by the Post between Places within any of Her Majesty's Colo* ° ^^*^
nieS) or conveyed by Packet Boats between one Part of Her
Majesty's Dominions and another Part of the same Dominions,
or between Her Majesty's Dominions and Foreign Parts, or
between one Port in any Foreign Country and another Port in
the same or any other Foreign Country, where Post Communica-
tions shall be established, and where Rates of Postage have not
hitherto been authorized by Law, and also to charge on all Let-
ters conveyed by any Vessels to or from any of the Colonies,
or between, any of the Colonies, or between any of the
Colonies and a Foreign Port, and on all Letters which shall be
brought by the Master of any Vessel to the Post Office in any
of the Colonies, such Rates of Postage as the Commissioners of
Her Majesty's Treasury, by Warrant under their Hands, shall
from Time to Time direct.

XXXIV. And be it enacted, That it shall be lawful for Her Postage on
Majes^'s Postmaster General to require the Postage from Time F"*^®* ®^ •
to Time payable for Letters transmitted by Packet Boats or denJmddhLm
private Ships between Places out of the United Kingdom to be the Sender.
paid by the Sender on the Tender or Delivery of such Letters

at the Post Office, or other Place appointed by the Postmaster
Greneral for the Receipt of such Letters.

XXXV. And be it enacted. That the Owners, Charterers, Letters of
or Consignees of Vessels inward-bound, and the Owners, Con- ^^" ®^
signees, or Shippers of Goods on board Vessels inward-bound,

shall have their Letters by such Vessels free from Postage
(except as herein-after mentioned) if delivered at the Port of
the Ship's Arrival ; and if delivered at any other Place within
the United Kingdom, on Payment of the Postage, as on pre-
paid .Inland Letters according to the Scale oi Wei^t and
Number of Rates herein-before mentioned, from the Port of
Arrival to the Place of Delivery, and if delivered in any of Her
Majesty's Colonies, on Payment of the Colonial Rates of PosU
age to which Letters in such Colony may be liable^ on Con-
veyance from such Port of Arrival to the Place of Delivery,
provided the Letters brought by any One Vessel to any One
such Person shall not collectively exceed Six Ounces in Weight
(except in the Case of Letters brought by Vessels coming from
Ceylon, the Mauritius, the East Indies, or the Ctipe ofGoodHapef
into any Port of the United Kingdom, for an Owner, Charterer,
or Consignee of such Vessel, in which Case they may be
collectively Twenty Ounces in Weight), and the Owner, Char-
terer, or Consignee shall be described as such on the Address
and Superscription ; and in the Case of Owners, Shippers, or
Consignees of Goods it shall also appear by the Ship's Manifest
that they have Goods on board the Vessel; and the Persons
hereby exempted shall be entitled to have their Letters which
come within the above Conditions before the Master of the
Vessel delivers the other Letters in his Charge to the Post
Office: Fh>vided nevertheless, that all Ship Letter Oratuitiea

payable

570 Cap. 96. PoUcye Duties. 3 8c4Vi[CT.

^ ^payable by Law to Masters of Vessels bringing any such

^''Letters shall in all Cases be paid to the Post OiEce by the

' Parties to Whom the same may be addressed (in addition to

any Postage payable thereon) before Delivery of such Letters

to the Parties entitled to receive the same^ whether such Letters

shall be delivered ^at the Port of Arrival of such Vessel or

elsewhere.

Gratuities to XXXVL And for encouraging Masters of Vessels, not being

Ve^S!° P^^ Office Packets, to undertake the Conveyance of. Letters;

be it enacted. That the Postmaster General may allow to
Masters of Vessels, on Letters and Newspapers conveyed by
them for or on behalf of the Post Office between Places within
the United Kingdom, a Sum not exceeding Two Shillings and
Sixpence for each and every Number of One hundred of such
Letters and Newspapers, and for any less Numbpr in the like
Proportion, and may allow to the Masters of Vessels bound
from the United Kingdom to the East Indies a Sum not exceed-
mg One Penny for each Letter and One Halfpenny for each
Ncjwspaper conveyed by them for or. on behalf of the Post
Office, and may allow to the Masters of all other Vessels a
Sum not exceeding Two-pence for each Letter conveyed by
them for or on behalf of the Post Office from the United
Kingdom to Places beyond Sea, and may allow to the Mas-
ters of all Vessels not. exceeding Two-pence for each Letter
brought into the United Kingdom, which they shall deliver at
the Post Office at the first Port at which they touch or arrive,
or with which they communicate, (all which Gratuities may be
paid at such Times and Places, and under all such Regulations
and Restrictions, as the Postmaster General shall in his Dis-
^. Masters of out- cretion think fit) ; and every Master of a Vessel outward-bound
v"^kto^ shall receive on board his Vessel every. Post Letter Bag ten.-
ceivrLetters, dered tp him jEbr Conveyance, and having received the same shall
and to deliver deliver it, on his Arrival at the Port or Place of his Desti-
p^rt^fA**'^? nation, without Delay; and every. Master of a Vessel inward-
bound shall cause all Letters on board his Vessel (except those
belonging to the Owners of the Vessel, or of the Goods on
board, wnich do not exceed .the .prescribed Weights,) to be
collected and enclosed in some Bag or other Envelope, and to
be sealed with his Seal, and to be. addressed to any of Her Ma-
jesty's Deputy Postmasters, that they may be in readiness to
send on shore by his own Boat, or by the Pilot Boat, or by any
other safe or convenient, Means, in order that the same may
be delivered at the first regular Post. Office which can be com-
municated with, and at the regular Port or Place where the
Vessel shall report, shall sign a Declaration in the Presence of
the Person authorized by the Postmaster General at such Port
or Place, who shall also sign the same, and the Declaration shall
be in the Form or to the EiSect following; (that is to say,) .» f
Deckntion to ^ 1 A. £•, Commander of the [state the Name of the Ship or.
^eiMdeby ( Vessel^ arriving from [state the Place"], do, as requiriediby
^"' ' Law, solemnly dedare. That I have, to the best of my'Know-

< ledge and Bdiiiei^ delivered or caused to be delivered to the

« Post

1840, Postage Duiiei. Cap. 96, 671

• Post Office every Letter Bag, Package, or Parcel of Letters

* that were on board the [state the Name of the JShipJi except
' such Letters as are exempted by Law.'

And no Collector, Comptroller, or principal Officer of the Cus- Office" of
toms shall permit such Vessel to report till such Declaration ,S^V^^ to
sliall be made and produced ; and no Vessel shall be permitted report before
by any Officer of the Customs to break Bulk, or to mdce Entry i>eci»»tioii
in any Port of the British Dominions, until all Letters on """^
board the same shall be delivered to the Post Office, where
Posts are or hereafter may be established, and from whence
such Letters may be despatched by Post, except such Letters,
Commissions, and other Matters and Things as are exempted
by the Post Office Acts from the exclusive Privilege of the
Postmaster General, and also except all such Letters as shall
be brought by a Vessel liable to the Performance of Quaran-
tine, all which last-mentioned Letters shall be delivered by the
Person having Possession thereof to the Persons appointed to
superintend the Quarantine, that all proper Precautions may be
by them taken before the Delive^ thereof; and when due Care
has been had therein, the said L<etters shall be bv them de-
spatched in the usual Manner by the Post ; and the principal
Officer of Customs at every Port shall search every Vessel for
Letters which may be on board contrary to the Post Office Acts,
and may seize cdl such Letters and forward them to the nearest
Post Office ; and the Officer who shall so seize and send them
shall be entitled to a Moiety of the Penalties which may be re-
covered for any such Offence ; and in case an Officer of Her
Majesty's Customs shall find a Letter superscribed as the Letter
of an Owner or Charterer, or Consignee or Shipper, exceeding
the Weight herein-before limited, then the Officer shall seize so
many of the Letters as shall reduce the Remainder within the
proper Weight, and he shall take the same to the nearest Post
Office, and the Postmaster of the Place shall pay to the Officer
delivering the same any Sum the Postmaster General, with the
Consent of the Lords of the Treasury, may think fit, not ex-
ceeding Two Shillings and Sixpence for every Post Letter so
seized ; and the Postmaster General may appoint any Person
to demand, from the Masters of Vessels arriving at or off a
Port of the United Kingdom, all Letters on board the same
not exempted by the Post Office Acts ; and the Master of
any such Vessel shall forthwith deliver all such Letters on
board to such Person, on his demanding the same.

XXXVII. And be it enacted. That the Penalty which, by Certmn PeMl-
an Act passed in the First Year of the Reign of Her present ^^%^^^
Majesty, intitvled An Act Jbr consolidating the Lotos relative to i vict. c. 34.^
Offences against the Post Office of the United Kingdom^ and for re- and c.se. ftir-
^ulating the Judicial Administration of the Post Office Laws ; and *»>« extended.
for explaining certain Terms and Expressions employed in those
LawSf is imposed on every Master of a Vessel outward-bound
to Ceylant the Mauritius^ the East Indies^ or the Cape of Good
Hope, who shall refuse to take a Post Letter Bag delivered or
tendered to him by an Officer of the Post Office, shall henceforth
[No. 37. Price 2d.'] O o extend

»72

Cap. 06.

Postage Duties.

3 & 4 Vict.

extend and apply to the Master of every Vessel outward-bound
who shall refuse to take a Post Letter Bag, delivered or
tendered to him for Conveyance by an Officer of the Post
Office; and that the Penalty which, by the said Act of the
First Year of the Reimi of Jler present Majesty, is imposed
on every Master of a Vessel who shall refuse or wilfully neglect
to make the Declaration of having delivered his Ship Letters to
the Post Office, as required by an Act passed in the First Year
of the Reign of Her present Majesty, intituled An Act for the
Regulation of the Duties of Postage^ shall henceforth extend and
apply to the Master of every Vessel who shall refuse or wilfully
neglect to make the Declaration of having delivered his Ship's
Letters to the Post Office, as is required by this Act, and that
the Penalty by the said first-mentioned Act imposed on every
Collector, Comptroller, or Officer of the Customs, who by the
said last-mentioned Act is required to prohibit any Vessel re-
porting until the Requisites of such last-mentioned Act shall
have been complied with, and who shall permit such Vessel to
report before the Requisites of such Act shall have been com-
plied with, shall henceforth extend and apply to every Collector,
Comptroller, or Officer of the Customs who by this Act is
required to prohibit any Vessel reporting until the Requisites
of this Act have been complied with, and who shall permit such
Vessel to report before the Requisites of this Act shall have
been complied with.
Money Order*. XXXVIII. * And whereas the Postmaster General Iiath,

* with the Concurrence of the Commissioners of Her Majesty^s

* Treasury, made Regulations by which the Public are en-
^ abled to remit small Sums of Money through the Post Office
< by means of Money Orders ;' be it enacted. That such Mode
of transmitting Money through the Post Office may have Con-
tinuance so long as the Commissioners of Her Majesty's Trea-
sury shall see fit ; and the Postmaster General is hereby
authorized to demand and receive for the Use of Her Majesty,
in respect of such Money or Money Orders, such Rates of
Poundage as, with the Consent of the Commissioners of Her
Majesty's Treasury, he may from Time to Time consider rea-
sonable, which Poundage shall be applied in the same Manner
as the Post Office Revenue is or shall be applicable by Law;
and all such Money Orders and the Payment thereof shall he
subject to such Regulations and Restrictions as the Post-
roaster General, with the Consent of the Commissioners of Her
Majesty's Treasury, may from Time to Time direct.

XXXIX. *And whereas it may be expedient that certain

* Post Letters should be registered;' be it enacted. That in
case the Postmaster General shall at any Time deem it expe-
dient that all or any Post Letters should be registered by the
Post Office, the Postmaster General may, with the Consent of
the Commissioners of Her Majesty's Treasury, forward Letters
so registered without charging any additional Rate for the Re-
gistration thereof, or he may charge for any Letter so registered
such Rate of Postage, in addition to any other Rates payable

under

Begistry of
Letters.

1840. Postage Duties. Cap. 96. 573

under the Post Office Acts, as the Postmaster General, with
the Consent of the Commissioners of Her Majesty's Treasury,
shall from Time to Time direct (but such Registration shall
not render the Postmaster General or the Post Office Revenue
in any Manner liable for the Loss of any such Post Letters
or the Contents thereof) ; and all registered Letters shall be
delivered to the Post Office, and also be deliver<jd by the Post
Office at or between such Hours in the Day, and under all such
Regulations, in every respect, as the Postmaster General shall
from Time to Time appoint; and the Postmaster General
may therein require such Registration Rate to be paid on the
Letter being put into the Post Office.

XL. And be it enacted. That Petitions and Addresses for- Petitionfl,&cto
warded to Her Majesty by the Post shall be exempt from HerM^esty
Postage. "^^

XLL And be it enacted. That Members of each House of also Petitionsto
Parliament may receive by the Post Petitions and Addresses P«rli*ment
to Her Majesty, and Petitions addressed to either House of
Parliament, not exceeding Thirty-two Ounces in Weight, exempt
from Postage, provided such Petitions and Addresses be sent •
without Covers, or in Covers open at the Sides.

XLH. And be it enacted. That printed Newspapers may be Newspapcn.
sent free of Postage, or liable to Postage according to the Re-
gulations and Rates herein-after set forth ; (that is to say,)

Printed British Newspapers,

By the Post, from One Town or Place to another, within

the United Kingdom (except by private Ships), free:
By the Post of a Post Town, within the United Kingdom,

addressed to a Person within the Limits of that Place or

its Suburbs, One Penny each :
Between Places within the United Kingdom by private

Ships, One Penny each.

Between the United Kingdom and Her Majesty's Colonies,

as follows :

By Packet Boats to any of Her Majesty's Colonies and
Possessions beyond the Seas, (including the East Indies^
by Packet Boats from the United Kingdom, vid Syria
or EffypU) free :

By private Ships, One Penny each.

Printed Colonial Newspapers,

Brought from the Colonies to the United Kingdom by
Packet Boats, (including Newspapers from the East
Indies^ by Her Majesty's Mediterranean Packet Boats,)
whether directed to a Place within the United King-
dom or to any of Her Majesty's Colonies beyond the
Seas, to be forwarded from the United Kingdom by
Packet Boats, free :

Brought from the Colonies to the United Kingdom by
private Ships, addressed to Places within tlie United

O o 2 Kingdom,

'

•574 Qip. M. PostOffe Duties. 3 & 4 Vicr.

Kingdom, and delivered by the Master at the Post
Office, One Penny each :
Sent by Packet Boat through the United Kingdom to a
Foreign State, (subject to the Consent of the Lords of
the 'fi-easury,) free.

Newspapers between Foreign Countries and the United King-
dom, as follows :

Printed British Newspapers,

Sent from the United Kingdom to any Foreign Port, eitlier
by Packet Boats or private Ships, Two-pence each :

When British Newspapers are allowed to pass by Post in
a Foreign Country free, then Bn^i«A Newspapers ad-
dressed to such Foreign Country may be transmitted
to any Foreign Port by Packet Boats, free :

If transmitted by private Ships, One Penny each.

Printed Foreion Newspapers,
Brought into the United Kingdom by Packet Boats or

private Ships, Two-pence each :
If British Newspapers are allowed to pass by Post free
in a Foreign Country, Newspapers printed in that
Country brought by Packet Boat to the United King-
<iom, free :

If brought by private Vessels, One Penny each :

Foreign Newspapers sent by Packet Boat through the

United Kingdom to the Colonies (subject to the Consent

of the Commissioners of Her Majesty's Treasury), free.

Newspapers XLIII. And be it enacted. That although Newspapers may

need not be sent be ggnt by the Post, and thereupon are subject to the Rate of

^ '^ Postage set forth in the above Table, it shall not be compulsory

to send them by Post.
Mode of send- XLIV. And be it enacted. That no printed Paper, whether
*^p^®j!J^P*" Newspaper or Votes and Proceedings in Parliament, or of the
mentary Pro- Colonial Legislature, shall be sent by the Post, either free or
ceniings. at the aforesaid Rates of Postage, unless the following Con-

ditions shall be observed :

First, It shall be sent without a Cover, or in a Cover open

at the Sides.
Second, There shall be no Word or Communication
printed on the Paper after its Publication, or upon the
Cover thereof, nor any Writing or Marks upon it or
upon the Cover of it, except the Name and Address of
the Person to whom sent.
Third, There shall be no Paper or Thing enclosed in or

with any such Paper.
Fourth, The said printed Papers shall be put into the
Post Office at such Hours in the Day, and under all
such Regulations, as the Postmaster General may ap-
point, including tlierein the Payment of Postage on
such as are gomg out of the United Kingdom when
put into the Post Office, if the Postmaster General shall
so require.

Fifth,

1840. Fhstage Duties. Cap. 96. 575

Fifth, All ForeigQ Newspapers brought into the United
Kingdom under this ^t are to be printed in the
Language of the Country from which they shall have
been forwarded, unless the Commissioners of Her Ma-
jesty's Treasury shall in any Case direct that any
Foreign Newspapers shall be exempted from the Re-
striction hereby imposed.
XLV. And be it enacted, That the Postmaster General may Examiiiatioii
examine any printed Paper or any Packet which shall be sent ^^ printed
by the Post, without a Cover or in a Cover open at the Sides, ^*P®"» ^®-
in order to discover whether it is contrary in any respect to
the Conditions hereby required to be observed, or to any Regu-
lations which the Postmaster General, with the Consent of the
Commissioners of Her Majesty's Treasury, may from Time to
Time make in respect of any Paper or Packet of such a De-
scription, and also, in the Case of Newspapers, to ascertain in
what Language the Newspapers brought into the United King-
dom from any Foreign Country shall be printed and published ;
and also in order to discover whether the Newspapers printed
and published in the United Kingdom (excepting those printed
in Guernsey^ Jersey^ Aldemey^ Sark^ or Man, which, for the Pur-
poses of this Act, are to be considered as Part of the United
Kingdom) are duly stamped; and in case any one of the
required Conditions has not been fulfilled, the whole of every
such Paper or Packet shall be charged with Treble the Duty
of Postage to which it would have been liable as a Letter,
except as to Foreign Newspapers not printed in the Language
of the Country from which they shall have been forwarded,
which shall be charged with full Postage as Letters; and as
to every such printed Paper going out of the United Kingdom,
the Postmaster General may either detain the Paper or forward
the same by the Post, charged with Treble the Duty of Postage
to which it would have been liable as a Letter; and in case a
Newspaper printed in the United Kingdom (except as afore-
said), and transmitted by the Post under this Act, shall appear
not to have been duly stamped, the same shall be stopped and
sent to the Commissioners of Stamps and Taxes.

XL VI. And be it enacted, That in all Cases in which a Po«tnuuter
Question shall arise whether a printed Paper is entitled to the ^t*«n\ to
Privilege of a Newspaper or other printed Paper hereby pri- (^J^J^^ ^
vileged, so far as respects the Transmission thereof by the Post Postage,
under the Post Office Acts, the Question shall be referred to the
Determination of the Postmaster General, whose Decision, with
the Concurrence of the Lords of the Treasury, shall be final.

XLVn. And for providing for the Transmission of News- Transmission of
papers between the United Kingdom and Foreign Countries Newspapers to
free of Postage, when satisfactory Proof shall be laid before ^f"^|^"^*
the Postmaster General that British Newspapers addressed Rate of Charge,
either to a Person or to a Place within a Foreign Country,
and also that Newspapers addressed to a Person or a Place
in the United Kingdom from sucA Foreign Country* are re-
spectively allowed to pass by the Post within that Court try free

O o 3 of

/

576

Cap. 96.

Pottoffe Dutiet.

3&4Vicr.

Higher Charge
may be again
imposed.

of Postage; be it enacted, That the Postmaster General mavy
with the Consent of the Cotnmissioners of Her Majestj^s
Treasury, transmit by the Post British Newspapers addressed
to a Person or to a Place in such Foreign (Country from the
United Kingdom, to any Port out of the United Kingdom,
other than Her Majesty's Colonies and Possessions^ free from
Postage ; and he may, with the like Consent, receive from such
Foreign Country Foreign Newspapers free from Postage, or he
may, with the like Consent, charge for every Newspaper trans-
mitted to or received from a Foreign Country a Rate of Postage
which he may consider equivalent to the Rates of Postage pay-
able in that Country on Newspapers either transmitted from or
received in that Country, but in all Cases, whether the News-
paper be transmitted free or otherwise, subject to a Sea
Postage of One Penny^ payable on the Newspaper being put
into the Post Office, for every Newspaper delivered at the Post
Office to be conveyed by Vessels not being Post Office Packets,
and also to a like Postage for every Newspaper received by
Vessels not Post Office Packets, addressed to a Person or to
a Place witliin the United Kingdom.

XLVni. ' And whereas fby reason of the Postage which may
^ be charged on Newspapers in Foreign Countries, or from
< other Circumstances, it may be expedient again to impose the
' Rates of Two-pence on Newspapers;' be it enacted, That the
Postmaster General, with the Consent of the Lords of the
Treasury, may again charge and demand the said respective
Rates of Two-pence on Newspapers received from and sent to
any Foreign Country.

XLIX. And be it enacted. That the Postma3ter General,
with the Consent of the Commissioners of Her Majesty's
Treasury, may allow Colonial Newspapers to pass by the Post
between Places within any of Her Majesty's Colonies, or by
Packet Boat or private Ship» from one Colony to another
Colony, whether through the United Kingdom or not; and
also allow Foreign Newspapers to pass through the United
Kingdom either to Her Majesty's Colonies or from one Foreign
Country to another Foreign Country, by Packet Boat or pri-
vate Ship; and also allow ijn'fis/i Newspapers to be sent to the
Colonies through a Foreign Country, and Colonial Newspapers
to be sent through a Foreign Country to the United King-
dom, or through the United Kingdom to a Fore^n Country,
free of Postage or subject to such Rates of Postage and under
all such Regulations and Restrictions as the Postmaster General
with such Consent as aforesaid may think fit.

L. And be it enacted. That every British Newspaper sent by
i^Te'^ a°^ the Post. to Places out of the United Kingdom shall in all

Cases be put into a Post Office or Receiving Office in the
United Kingdom within Seven Days next after the Day on
which the same shall be published, the Day of Publication to
be ascertained by the Date of such Paper; and in case a
Paper shall be put into a Post Office after the Expiration of
such Seven Days, the Postmaster Genei*al may either detain tbe

9 ^^aper

Colonial News-
papers.

Xtim'tAtion of
Hmefor posU

1840. PoOage Duties. Cap. 06. 577

Paper or forward it by Post charged with full Postage as a
Letter,

LI. And be it enacted, That in case any Person to whom a ^^T^^T
printed Newspaper brought into the United Kingdom shall be '*" ^^^
directed shall have removed from the Place to which it shall
be directed, before the Delivery thereof at that Place, it may
(provided it shall not have been opened) be re-directed and
forwarded by Post to such Person at any other Place within
the United Kingdom free of Charge for such extra Conveyance;
but if the Newspaper shall have been opened, it shall be
charged with the same Rate as if it were a Letter from the
Place of Re-direction to the Place at which it shall be ultimately
delivered.

LII. And be it enacted, That the Postmaster General may Allowance ta
allow the Masters of Vessels, other than Packet Boats, a Sum Masters of
hot exceeding One Penny on every printed Newspaper, Foreign j^^^mJam
or Colonial, brought into the United Kingdom from a Port or
Place oqt of the United Kingdom, and delivered by them at
the Post OflBce of the Post Town at which they shall touch
or arrive, and a Sum not exceeding One Penny on every printed
Newspaper conveyed by them for or on behalf of the Post
Office from the United Kingdom to any Port or Place out of
the same, in respect of which no Gratuity is herein-before
authorized to be allowed.

LIII. And be it enacted. That the following Classes of Per- Letters of
sons may both send and receive Letters, not exceeding Half an Sailors and
Ounce in Weii^ht, by the Post, on their own private Concerns, Soldiers.
at a Postage of One Penny for each Letter ; (namely,)

Every Seaman employed in Her Majesty's Navy, whether
at home or abroad, whilst such Seaman shall be actually
employed in Her Majesty's Service.
Every Serjeant, Corporal, Drummer, Trumpeter, Fifer,
and private Soldier in Her Majesty's Regular Forces,
Militia, Fencible Regiments, Artillery, or Royal Ma-
rines, whether at home or abroad, whilst actually
employed in Her Majesty's Service.
Every Serjeant, Corporal, Drummer, Trumpeter, Fifer,
and private Soldier in the Service of the Ea^ India
Company whilst actually employed in the Service of the
Company.
But the Letters of Commissioned Officers or Warrant
Officers, whether in the Army or Navy, or Midshipmen,
or Masters Mates of the Navy, are not incliided in this
Provision.
And with respect to Letters sent by any such privileged
Persons, the following Conditions shall be observed ;
(that is to say,) the Postage of each Letter (unless sent
from Parts beyond the Seas, as herein-after mentioned,)
shall be paid (or the Letter if posted within the United
Kingdom, shall be duly and properly stamped,) on
being put into a Post Office established under the Au-
thority of the Postmaster General ; and upon such Letter

O o 4 shall

t»78 Cap. 96. PoOage Dutiei. d&iYict,

shall be superscribed the Name of the Writer, and
his Class or Description in the Vessel, Regiment, Corps,
or Detachment to which he shall belong ; and upon every
such Letter there shall be written in the Handwriting
of and signed by the Officer having at the Time the
Command of the Vessel, or of the Regiment, Corps, or
Detachment to which the privileged Person belongs,
the Name of such Officer and the Name of such Vessel,
or of such Regiment, Corps, or Detachment.
And with respect to Letters received by the Post by any
of the said privileged Persons, the following Conditions
shall be observed ; the Postage of each Letter (unless
sent from Parts beyond the Seas, as herein-after men-
tioned,) shall be paid (or the Letter, if posted within the
United Kingdom, shall be duly and properly stamped)
upon putting it into a Post Office established under
the Authority of the Postmaster General, and it shall
be directed to the privileged Person, specifying on the
Superscription thereof the Vessel, or the Regiment,
Corps, or Detachment to which he shall belong; and
the Deputy Postmaster of the Place to which such
Letter shall be sent to be delivered shall not deliver
such Letter to any Person except the Person hereby
privileged to whom it shall be directed, or to some
Person appointed to Receive the same, by Writing under
the Hand of the Officer in command.
And whenever the Letters sent or received by any such
privileged Persons shall be sent from Parts beyond the
Seas without the said Postage of One Penny being pre-
paid, every such Letter shall be charged to the Party
receiving the same with a Rate of Two-pence ; and any
Letters received by the Post under this Enactment by
any such privileged Persons which may have been re-
directed shall not be charged any Postage on or in
respect of such Re- direction.
Privileged Per- LIV. And be it enacted, That any such privileged Persons
h^^iT^ may both send and receive Letters, not exceeding Half an
hbv^ Ounce in Weight, by private Ships, between the United

Kingdom and Places beyond the Seas, on their own private

Concerns, at the like Postage for each Letter, and subject to

the like Conditions and Regulations, in all respects, as are

herein-before mentioned in respect of Letters sent and received

by any such privileged Persons by the Post; but whenever

tlie Letters sent or received by any such privileged Persons

shall be conveyed, or be intended to be conveyed^ by private

Ships, the Gratuities payable by Law to the Masters of such

Vessels in respect of such Letters shall in all Cases be paid to

the Post Office in addition to such Postage.

tol-^^sto^ LV. And be it enacted. That the said Privilege shall not

Postage. extend to any Letters liable to any Foreign Rates of Pastage.

Postage Pri- LVL And be it enacted, lliat, except in the Cases herein

vUegei to cease, specified, all Privileges whatsoever of sending Letters by the

Post

1840. Postage Duties. Cap. 96. 579.

Post free of Postage, or at a reduced Rate of Postage, shall
wholly cease and determine.

LVII. And be it enacted. That the Postmaster General may AddHionml
at any Time hereafter charge, for the Use of Her Majesty, on ^^^l^^'jj^
all Letters, Newspapers, and other printed Papers sent by the ten not pre-
Post, on which the Postage shall not be pre*paid, and which shall p»id.
not be duly and properly stamped, and also on all Letters sent
by the Post without being duly and properly stamped, although
the Postage thereon shall be wholly or in part pre-paid, such
higher Rates of Postage than would otherwise by Law be pay-
able on such Letters, Newspapers, or other printed Papers as
the Commissioners of Her Majesty's Treasury, by Warrant
under their Hands, shall from Time to Time deem expedient,
and may also remit any of the Rates of British Postage or Li-
land Postage for the Time being payable by Law on the Trans-
mission of Post Letters, Newspapers, or other printed Papers^
to such Extent as the Lords of the Treasury shall from Time
to Time direct.

LVni. * And whereas Communications may from Time to Postage on

* Time be opened with Foreign Post Offices, which may render ^^^^J^^^

* an Alteration in the Rates of Postage expedient ;' be it ™*^ **'
enacted, That it shall be lawful for the Commissioners of Her
Majesty's Treasury from Time to Time, and at any Time after

the passing of this Act, by Warrant under their Hands, to
alter and fix any of the Rates of British Postage or Inland
Postage payable by Law on the Transmission by the Post of
Foreign or Colonial Lietters or Newspapers, or of any other
printed Papers, and to subject the same to Rates of Postage
according to the Weight thereof, and a Scale of Weight to be
contained in such Warrant, and from Time to Time, by War-
rant as aforesaid, to alter or repeal any such altered Rates,
and make and establish any new or other Rates in lieu thereof,
and from Time to Time, by Warrant as aforesaid, to appoint
at what Time the Rates which may be payable are to be paid,
and the Power hereby given to alter and fix Rates of Postage
shall extend to any Increase or Reduction, or Remission of
Postage.

LIX. And l>e it enacted. That the Rates of Postage from Pjiyment of
Time to Time to become payable under or by virtue of any Postage* estab-
Warrant of the Commissioners of Her Majesty's Treasury, JjJ^w^^^
under this Act, shall be chai'ged by and be paid to Her Ma-
jesty's Postmaster Greneral, for the Use of Her Majesty, on all
Post Letters, Newspapers, or other printed Papers to which
such Warrant shall extend ; and that in all Cases in which
any Rates of Postage shall be made payable under any such
Warrant, every such Warrant shall be published in the London
Gazette^ and shall, within Fourteen Days after making the same,
be laid before both Houses of Parliament (if then sitting), or
otherwise within Fourteen Days after Parliament shall re-
assemble ; provided, that any Rates made payable by any such
Warrant may be demanded and taken immediately after they

shall

560

Cap. 96.

Pottage Duties.

3 & 4 Vict.

Postage, if not
pre-paid, to be
paid by the
Receiver.

Gratuities to
Masters of Ves-
sels may be
altered.

Combustibles
not to be sent
by Post.

Letters to be
sent as directed
by the Post-
master General.

Limits of Post

AOwDS.

Letters with

contraband

Goods.

shall have been so published in the London Oazette^ although
the same shall not then have been laid before Parliament.

LX. And be it enacted, That in all Cases in which the
Postage of any unstamped Letter shall not have been paid by
the Sender, it shall be paid by the Pferson to whom the Letter
is addressed on the Delivery .thereof to him ; but if the Letter
be refused, or the Party to whom it is addressed shall be dead,
or cannot be found, the Writer or Sender shall pay the Postage;
and this Enactment shall apply to every Packet, Newspaper,
and Thing whatsoever chargeable with Postage which shall be •
transmitted by the Post.

LXL And be it enacted, That it shall be lawful for the
Commissioners of Her Majesty's Treasury to make any Reduc-
tion or Increase or Alteration they may consider expedient in
the Gratuities allowed by this Act to Masters of Vessels for
Letters and Newspapers conveyed by them for or on behalf of
the Post Office, or delivered by them to the Post Office, and to
allow and authorize such Gratuities for the Conveyance of Let-
ters and Newspapers to Masters of Vessels passing to or from or
between any of Her Majesty's Colonies or Possessions beyond
the Seas, as they shall think fit, and also to allow and authorize
any Gratuities to be paid to Pilots, Seamen, or others on the
Letters and Newspapers they may bring to any Post Office
from any Vessel.

LXII. And be it enacted. That no Person shall post or
cause to be posted, or send or cause to be sent, or tender or
deliver in order to be sent by the Post, any Letter containing
any explosive or other dangerous Material or Substance, and
no such Letter shall be forwarded by the Post.

LXIIL And be it enacted, Tliat.all Post Letters shall be
posted, forwarded, conveyed, and delivered, under and subject
to all such Orders, Directions, and Regulations, and under and
subject to all such Conditions, Limitations, and Restrictions
as to the Form, Size, Dimensions, Enclosures, or otherwise,
as the Postmaster General, with the Consent of the Commis-
sioners of Her Majesty^s Treasury, shall from Time to Hme
direct.

LXIV. And to prevent Disputes as to the Limits of Post
Towns within which Letters are to be delivered by the Post ;
be it enacted. That it shall be lawful for the Postmaster
General from Time to Time, in all Cases in which he shall
deem the same expedient, by Writing under his Hand, to fix
and declare the Limits of any Post Town within the United
Kingdom or other Her Majesty's Dominions, which shall be
binding and conclusive on all Persons whomsoever.

LXV. And be it enacted, That it shall be lawful for the
Postmaster General, or any of his Officers, to detain any Post
Letter suspected to contain any contraband Goods, and forward
the same to the Commissioners of Her Majesty's Customs,
who, in the Presence of the Person to whom the same may
be addressed, or in his Absence, in case of Nonattendance, after

Notice

1840. Podage DuHes. Cap. 9& 581

Notice in Writing from the said Coirnnissioners requiring his
Attendance, left at or forwarded by the Post according to the
Address on the Letter, may open and examine the same, and
in case on any such Examination any contraband Goods shall
be discovered, the said Commissioners may detain the Letter
and its Contents for the Purpose of Prosecution; and if no
contraband Goods shall be discovered in such Letter, the same
shall, if the Party to whom the same is addressed be present,
be handed over to him on his paying the Postage (if any)
charged thereon, or, if he shall not be present, the same shall
be returned to the Post Office, and be forwarded to the Place
of its Address. «

LXVI. And for the more effectual Prosecution of Offences For Proaecu-
committed against the Post Office, be it enacted, That in any tionof Offence*.
Indictment or Criminal Letters for any Offence committed
upon or in respect of any Property which may be laid in or
stated to belong to the Postmaster General, it shall be sufficient
to state any such Property to belong to and to lay it in <* Her
Majesty's Postmaster General ;" and it shall not be necessary
to specify the Name or Addition of any such Postmaster
General ; and that whenever, in any Indictment or Criminal
Letters for any Offence committed against the Post Office Acts,
it shall be necessary to mention for any Purpose whatever Her
Majesty's Postmaster General, it shall be sufficient to. describe
such Postmaster General as '^ Her Majesty's Postmaster Gene-
ral," without any further or other Name, Addition, or Descrip-
tion whatsoever.

LXVIL And to enable the Postmaster General for the Time Postmaster
being to hold and take Conveyances and Leases of Messuages, Geneni to be
Tenements, Lands, and Hereditaments for the Service of the J^^ ^ Corpo-
Post Office, and to transmit the same to his Successors, be it
enacted. That for such Purpose Her Majesty's Postmaster
General and his Successors shall be and is and are hereby
made a Body Corporate, and shall have a Seal ; and that
all Messuages, Tenements, Lands, and Hereditaments, of
whatsoever Nature and Tenure, now vested in Her Majesty's
present Postmaster General, his Heirs, Executors, Administra-
tors, and Assigns, in Trust for Her Majesty and Her Succes-
sors, shall immediately on the passing of this Act be and
become vested in him in his Cqrporate Capacity, and his
Successors for ever, in Trust as aforesaid.

LXVIII. And be it enacted, That so much of an Act Rcpedof Acts
passed in the Fifty-ninth Year of the Reign of His late Ma- ^ ^^^^ ^
jesty King George the Third, intituled An Act to amend an Act 5^,^, c48.
passed in the Fijty-Jifih Year of the Reign of His present itfa-
jesty ^ for granting to His Mcgestg the Sum of Twenty thousand
Pounds towards repairing Moods between London and Holyhead
hy Chester, and between London and Bangor by Shrewsbury,
ond fir giving additional Powers to the Commissioners therein
named to build a Bridge over the Menai Straits, and to, make a
new Road from Bangor Ferry to Holyhead in the Cknmtu of
Anglesea, as authorizes and requires additional Kates of Post*

age

$82 Cap. 96. Postage Duties. 3&4Vict.

age to be chained and levied on Letters and Packets conveyed
by Post by Way of Dublin and Holyhead; and so much of
an Act passed in the First and Second Years of the Reign of
1&2G.4. C.S5. His late Majesty King George the Fourth, intituled An Act
for applying a certain Sum of Money out of the Consolidated Fund
of tlie United Kingdom of Gr^at Britain and Ireland far the
Purpose of building a Bridge over the River Conway in the County
o/" Carnarvon, and for imposing additional Rates of Postage on
Letters and Packets conveyed over the said Bridge^ as authorizes
and requires additional Rates of Postage to be charged and
levied on Letters and Packets conveyed by Post to and from
any Part of Great Britain or Ireland by way of Caivuyay and
Chester ; and so much of an Act passed in the Fourth Year of
the Reign of His late Majesty King George the Fourth, intituled
4 G. 4. c. 74. An Act for vesting in Commissioners the Bridges now building

over the Menai Straits and the River Conway, the Harltours of
Howth mid Holyhead, and the Road from Dublin to Howth, and
for the further Improvement of the Road from London to Holy-
head, as enacts that the additional Rates of Postage granted by
the said Act of the Fifty-ninth Year of the Reign of King
George the Third shall be continued to be charged yid received ;
and so much of an Act passed in the Sixth Year of the Reign
5&6W.4.C.25. of His late Majesty King William the Fourth, intituled An Act
for graiUing an additional Rate of Postage on Letters between
Great Britain and Ireland by Way ©/"Milford and Waterford, as
Authorizes and requii^es additional Rates of Postage to be
charged and levied on Letters conveyed by Post by Way of
Milford and Waterford; and so much of any other Act or Acts
as authorize or require any additional Rates to be charged and
levied on Letters to and from Ireland by Way of Holyhead in
respect of Menai Bridge^ by Way of Conway and Chester in re-
spect of Conway Bridge^ and by Way oi Milford and Waterford;
and so much of an Act passed in the First Year of the Reign
7W.4.&iVi'ct. of Her present Majesty, intituled An Act for the Management of
^' ^^' ^ the Post Office^ as directs the respective Post Office Receivers

General of England and Ireland to distinguish in their Accounts

the respective additional Rates of Postage granted in respect of

the Menai and Conway Bridges, and on Letters conveyed by

Way of Milord and Waterford^ and to the Payment of the

Amount thereof into the Exchequer; and so much of an Act

passed in the First Year of the Reign of Her present Majesty,

7 w. 4. & I Vict, intituled An Act to repeal t/ie several Laws relating to the Post

*• ^^' Office^ as repeals any Part of an Act passed in the Third Year

3G.4. C.126. of the B;eign of King George the Fourth, intituled An Act to

amend the general Laws now in being regulating Turnpike Roads

in that Part of Great Britain called England, and as repeals any

Part of an Act passed in the Fourth Year of the Reign of

4 G. 4. c, 95. King George the Fourth, intituled An Act to explain and amend

an Act passed in the Third Year of the Reign of His present
Majesty, to amend the general Laws now in being for regulating
Ttampihe Roads in that Part of Great Britain called England ;
and also an Act passed in the First Year of the Reign of Her

® present

1840. Postage Duties. Cap. 96. 583

present Majesty, intituled An Act Jbr the Regulation of the 7W.4.&iVict.
Duties of Postage ; and an Act passed in the same Session of ^* ^^'
Parliament, intituled ^» ^c^^^ regulating the sending and re^ 7W.4.&iVict.
ceiving of Letters and Packets by the Post free from the Dutp of c 35.
Postage ; and so much of any other Act or Acts now in force at
authorize the sending or receiving Letters and Packets by the
Post free from the Duty of Postage ; and also an Act passed
in the First Year of the Reign of Her present Majesty, inti-
tuled An Act to impose Bates of Packet Postage on East India 7W.4.&ivict.
Letters, and to amend certain Ads relating to Ae Post Office, ex- ^* ''^'
cepting so much thereof as authorizes the Payment out of the
Revenue of the Post Office of any Deficiency in the Super-
annuation Fund for old and infirm Letter Carriers ; and also
an Act passed in the First and Second Years of the Reign of
Her present Majesty, intituled An Act for imposing Rates o;ri&2\rict.c.97.
Postage on the Conveyance of Letters by Packet Boats between
Places in the Mediterranean cmd other Ports ; and also the herein-
before recited Act passed in the last Session of Parliament,
intituled An Act for the further Begulation of the Duties on and
Postage until the Fifth Day of October One thousand eight hundred 2&s Vict.c.S2.
and forty, and the several Treasury Warrants issued in pur-
suance of the Baid last-mentioned Act, shall be and the same
are hereby repealed and rescinded, except as to any Act done or
performed, or any Appointment made, or any Power, Authority,
or Consent given or granted under or by virtue of the said
recited Acts, or any of them respectively, or by or in pur-
suance of the said Treasury Warrants, and except in respect
of any Postage Duties which may have become payable under
or by virtue of any of the said Acts or Treasury Warrants
hereby repealed and rescinded, or any Proceedings for Recovery
of such Duties, and except also as to any Ofience committed
against the Provisions of the said Acts hereby repealed or any
other Acts, and any Fine or Penalty incurred by reason of any
such Offence, or any Proceeding for Recovery of any such Fine
or Penalty, or for the Punishment of any Offender.

LXIX. Provided always, and be it enacted. That it shall be A Sum to be
lawful for the Commissioners of Her Majesty's Treasury, in ^^**"*^5^
their Discretion, to authorize and empower the Receiver to^^^^udated
General of the Post Office in England from Time to Time to Fund equal to
pay to the Receipt of Her Majesty's Exchequer, out of the ^^'^S^f^**^
Revenue of the Post Office, by quarterly, half-yearly, or annual J^^ed.
Payments, as the Commissioners of Her Majest/s Treasury
may think fit, such an annual Sum or Sums of Money as they
may deem equivalent to the annual Amount of the additional
Rates of Postage which were payable under the said recited
Act passed in the Sixth Year of the Reign of King William the
Fourth, up to the Time of the Suspension of the said Rates,
which annual Smn or Sums shall be calculated and fixed on
an Average of the Produce of the said additional Rates for
Three Years up to the Time at which the same were suspended ;
and the said Sum or Sums shall be paid accordingly for and on
account of the MUford Bead Fund^ and shall be carried to the

Consolidated

584

Cap. 96.

PoUtoffe Duties.

3 & 4 Vict.

Treasury War-
rant maybe
under the
Hands of the
Lords of Trea-
sury or any
Three of them.

Interpretation
Clause.

7W.4.&lVict.
c 36.

Consolidated Fund of the United Kingdom of Great Sriiain
and Irdandf and be applied as the said additional Rates would
have been applicable by Law if the same had not been suspended
or repealed.

LXX. And be it enacted, That wherever the Warrant of
the Commissioners of Her Majesty's Treasury is required by
this Act, such Warrant may be under the Hands of the Com-
missioners of Her Majesty's Treasury^ or any Three of them ;
and that whenever the Order, Consent, Authority, or Direction
of the Commissioners of Her Majesty's Treasury is prescribed
by this Act, such Order, Consent, Authority, or Direction
(not being by Warrant) may be signified either imder the
Hands of the Commissioners of Her Majesty's Treasury, or
any Three of them, or under the Hand of One of their Secre-
taries or Assistant Secretaries.

LXXL And be it enacted, Tluit the following Terms and
Expressions, whenever used in tliis or any other Post Office
Act, shall have the several Interpretations herein-after respec-
tively set forth, unless such Interpretations are repugnant to
the Subject or inconsistent with the Context of the Provisions
in which they may be found ; (that is to say,) the Term
** British Newspapers" shall mean Newspaper?^ printed and
published in the United Kingdom liable to the Stamp Duties
and duly stamped, and also Newspapers printed iu the Islands
of Guernsey^ Jersey^ Jldemey^ Sarky or Many although not liable
to Stamp Duties ; and the Term <'inward-l)Ound" shall be held
to include Vessels bound as well to any Port in the United
Kingdom as to any Port in any of Her Majesty's Colonies ; and
(he Term *' outward-bound" shall be held to include Vessels
bound as well from any Port in the United Kingdom as from
any Port in Her Majesty's Colonies ; and that the Term
^' United Kingdom "« shall mean the United Kingdom of Great
Britain and Ireland^ and the Islands of Many Jerseyy Guemseyy
Sarky and Aldemey; and thjat the Term **Her Majesty's Colonies"

shall include everv Port and Place within the Territorial Ac-

* ■

quisitions now vested in the East India Company in Trust for
Her Majesty, the Cape ofGoodHopey the Island o( Saint Heknoy
the Ionian Islandsy ancf HonduraSy as well as Her Majesty's
other Colonies and Possessions beyond the Seas (the Islands
of Many Guemseyy Jerset/y Aldtmeyy and Sark only excepted) ;
and that the Term *< by the Post" shall extend to and include
the Transmission of Post Letters as well by any General or
Twopenny or Penny or Convention Post as by Packet Boat;
and the Term " Post Town" shall include every City, Town,
and Place where a Post Office is or shall be established ; and
that the several other Terms and Expressions used in this Act
shall be construed according to the respective Interpretations
of the Terms and Expressions contained in the said Act passed
in the First Year of the Reign of Her present Majesty, inti-
tuled An Act for consoUdating the Laws relative to Offences against
the Post Office of the United Kingdoniy and for regulating the
Judicial Administration of the Post Office Lawsy and for expUmdng

certain

1840. Postage Duties. Cap. 96. 585

certain Terms and Expressions employed in those Lawst so far as
those Interpretations are not repugnant to the Suhject or
inconsistent with the Context of such Terms and Expressions.

LXXII. And be it enacted, That this Act shall come into Commenoe^
operation on the First Day olf September One thousand eight ™«"* ®^ ^^t.
hundred and forty.

LXXIII. And be it enacted, That this Act may be amended Act may be
or repealed by any Act to be passed during the present Session wnended, &c.
of Parliament.

The SCHEDULE to which this Act refers.

On all Letters, not exceeding Half an Ounce in Weight,
transmitted by the Post between the United Kingdom and
Foreign Parts, or between any of the Places out of the United
Kingdom herein-after mentioned, there shall be charged and
taken the following Rates of British Postage; (that is to say,)

By Packet Boat between Dover pr any other
Port in the United Kingdom and Calais or
any other Port in France, a Packet Rate of -

Between France and any Place in the United
Kingdom distant from Dover or other Port
in the United Kingdom not more than Eight
Miles, a Rate (the Packet Rate included) of

Between France and any Place distant from
Dover or other Port as aforesaid more than
Eight Miles and not more than Fifteen
Mues, a Rate (the Packet Rate included) of

Between France and i^ny Place distant from
Dover or other Port as aforesaid more than
Fifteen Miles and not more than Twenty
Miles, a Rate (the Packet Rate included) of

Between France and any Place distant from
Dover or other Port as aforesaid more than
Twenty Miles and not more than Thirty
Miles, a Rate (the Packet Rate included) of

Between France and any Place distant from
Dover or other Port as aforesaid more than
Thirty Miles and not more than Fifty Miles,
a Rate (the Packet Rate included) of

And between France and any Place in the
United Kingdom distant from Dover or other
Port as aforesaid more than Fifty Miles, or
between France and London or any Place in
the United Kingdom through London, an
uniform Rate (the Packet Rate included) of

Between any Part of the United Kingdom and
Spain, otherwise than through France, an
uniform Rate of - -

Between any Part of the United Kingdom and
the United States of America, an uniform
Rate of . • -

s.

0

0

0

0

d.

0 3

0 8

0 10

0

586

Cap. 96.

Postage DuHes*

Retween London and the following Places, by
way of France ; viz., Malta, the Ionian^
Islands, Greece, Syria, and Egypt, an uniform
Rate of - - - . -

Between London and Germany, by way of
France - - - - -

Between London and Switzerland, by way of
France - - - - - -

Between London and Spain, by way of France

Between London and the following Places, by
way of France ; viz., Italy, Sicily, Venetian
Lombardy, Turkey, the Levant, and the
Archipelago - - - -

Between London and Holland

Between London and Belgium

Between London and Switzerland

Between London and Germany

Between London and Denmark

Between London and Sweden, and other Parts
of the North of Europe - - -

Between London and the following Countries,
through Belgium, or Holland or Germany ;
viz. Italy, Sicily, Venetian Lombardy, Malta,
the Ionian Islands, Greece, Turkey, the
Levant, the Archipelago, Syria, or Eg}rpt -

Between any Part of the United Kingdom, and
any Place in the fkist Indies, via France, in
addition to the Red Sea or Persian Gulf
Packet Rate herein-after mentioned - I

8 & 4 Vict.

-
s.

d.

0

10

1

4

I

2

I

7

1

7

1

4

1

4

I

8

1

8

I

8

1 8

8

0 10

Nevertheless all Foreign Letters herein rated between
London and a Place abroad (but not including Letters between
France and any Port in the United Kingdom distant from
Dovor or anv other Port in the United Kingdom not more
than Fifty Miles) which shall be sent to or from any Place in the
United Kingdom, without coming to or passing through London,
shall be charged as if they had been sent from or to London.

And the Rates of British Postage for every Letter not ex-
ceeding Half an Ounce in Weight, transmitted by Packet Boats
between the Places herein-after mentioned, shall be as follows :

Between a Port in the United Kingdom and s. JL
Lisbon or any other Port in Portugal - 17

Between a Port in the United Kingdom and
the Kingdom of Greece or any Port in Syria
or Egypt, but not including Letters trans-
mitted between the United Kingdom and
the East Indies . .

Between Suez or Bassora, or any other Port in
the Red Sea or Persian Gulf, and any Port
in the East Indies (Letters transmitted by
Her Majesty's Mediterranean Packets to or
from the United Kingdom only excepted) •• | 1 0

i

1840,

Padoffe Duties,

Between any of the Ports or Islands or Places
situate upon the Mediterranean Sea, the
Adriatic oea| the Archipelaffo, the Black Sea,
in Turkey, in Europe and Asia, in Spain,
Portugal, Italy, France, in the Mediterra-
nean, and upon the Northern Coast of
Africa, whether in the Mediterranean or in
the Straits of Gibraltar (not having been
first brought or conveyed from the United
Kingdom, or not being intended to be con-
veyed to the United Kingdom)

Between any of the Ports or Places last afore-
said and any Port or Place in the East
Indies, by way of the Red Sea or the Persian
Gulf, in addition to the aforesaid Red Sea or
Persian Gulf Packet Rate

Between a Port in the United Kingdom and
the Island of Madeira

Between a Port in tlie United Kingdom and
any Port in the Island of Cuba in the West
Indies, or any Port in Columbia or Mexico -

Between any Port in the British Possessions in
the West Indies and any Port in Columbia or
Mexico - - - - -

Between any Port in the United Kingdom and
Brazil ...-«.

Between any Port in the United Kingdom and
Buenos Ayres, or any other Ports on the
Continent of South America (other than
Columbia, Brazil, or Mexico)

Between any Port in the United Kingdom and
any Ports in the Islands of Saint Domingo^
Martinique, Guadaloupe, Saint Thomas,
Saint Croix, Saint Martin, or any other
Foreign Island in the West Indies oetween
which and the United Kingdom no Rate is
herein-before authorized - -

Cap. 96.
8» d*

687

0 6

0 6

1 8

2 1

1 0

2 7

2 5

1 3

And in addition to the foregoing Rates, (except on Letters
between the United Kingdom and France, and between the
United Kingdom and Spain, (otherwise than byway of France,)
and between the United Kingdom and the United States of
America,) there shall be paid on every such Letter as aforesaid
an Inland Rate of Postage of Two-pence for the Distance any
such Letter shall be conveyed within the United Kingdom ; and
on every Letter so transmitted as herein-before mentioned, ex-
ceeding Half an Ounce in Weight, there shall be charged and
taken progressive and additional Rates of British Postage,
according to the Scale of Weight and Number of Rates in this
Act contained as to Letters, estimating and charging each
additional Rate at the Amount herein-before directed to be
charged and taken on every Letter so transmitted, not exceed-
[No. 38. iVice 2rf.] Pp , ing

588 Cap. 96, 97. Postage Duties.— Baihcays. 3 & 4 Vicr.

ing Half an Ounce in Weight, and charging the Inland Rate as
aforesaid, but so that Letters herein rated between London
and a Place abroad shall not be charged any Inland Rate for
the Distance between London and the Oiitport at -which the
Packet Boats conveying the same shall be stationed.
Transit Letters. And on eTcry Letter between Foreign Countries, or between

any Foreign Country and any of Her Majesty's Colonies,
transmitted by the Post through the United Kingdom, there
shall be charged and taken for the Distance any such Letter
shall be carried within the United Kingdom (in addition to
the Rates to and from the United Kingdom to which such
Letter will be liable under this Act) any such Inland Rate
or Rates of Postage, not exceeding One Shilling on any
Letter not being more than Half an Ounce in Weight, as the
Commissioners of Her Majesty's Treasury may, by Warrant
under their Hands, direct, and on any Letter exceeding that
Weight progressive and additional Rates of British Postage
according to the Scale of Weight and Number of Rates in this
Act contained as to Letters, estimating and charging each
additional Rate at the Sum which any such Letter would be
charged with under this Act if not exceeding Half an Ounce in
Weight, but so that no such Letter be transmitted through the
United Kingdom unless the British Postage chargeable thereon
be paid before the same be sent out of the United Kingdom,
or unless there be a Treaty between the Postmaster General
and the Post Office of the Foreign Country from which it shall
have been forwarded, or to which it shall be addressed, for
collecting and accounting for the British Postage on such
Letters.

CAP. XCVIL

dV/Zc^ ST' An Act for regulating Railways. [10th August 1840.]

Z'// c JTjVf// ^ ^HEREAS it is expedient for the Safety of the Public

' to provide for the due Supervision of Railways :* Be it

therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
Ko Railway to and by the Authority of the same, That, after Two Months
be oj^ned with- from the passing of this Act, no Railway, or Portion of any
^e BMid of Railway, shall be opened for the public Conveyance of Pas-
Trade, sengers or Goods until One Calendar Month after Notice in

Writing of the Intention of opening the same shall have been

given, by the Company to whom such Railway shall belong, to

the Lords of the Committee of Her Majesty's Privy Council

appointed for Trade and Foreign Plantations.

Penadtyfor HI And be it enacted, That if any Railway, or Portion of

w^Tv^th**!" ^^y Railway, shall be opened without due Notice as aforesaid,

Kotice. ^^ the Company to whom such Railway shall belong shall forfeit

to Her Majesty the Sum of Twenty Founds ibr every Day

1840. Railways. Cap. 97. 589

dnring which the same shall continue open, until the Expiration
of One Calendar Month after the Company shall have given
the like Notice as is herein-before required before the opening
of the Railway | and any such Penalty may be recovered in
any of Her Majesty's Courts of Record.

III. And be it enacted, That the Lords of the said Committee Returns to be
may order and direct every Railway Company to make up and ™ade by lua-
deliver to them Returns, according to a Form to be provided ^^ ompamcs.
by the Lords of the said Committee, of the aggregate Traffic

in Passengers, according to the several Classes, and of the
aggr^ate Traffic in Cattle and Goods respectively, on the said
Railway, as well as of all Accidents which shall have occurred
thereon attended with personal Injury, and aliso a Table of
all Tolls, Rates, and Charges from Time to Time levied on
each Class Passengers, and on Cattle iand Goods, conveyed on
the said Railway; and if the Returns herein specified shall not
be delivered within Thirty Days after the same shall have been
required, every such Company shall forfeit to Her Majesty
the Sum of Twenty Pounck for every Day dnring which the
said Company shall wilfully neglect to deliver the same ; and
every such Penalty may be recovered in any of Her Majesty's
Courts of Record : Provided always, that such Returns shall
be required, in like Manner and at the same Time, from all the
said Companies, unless the Lords of the said Committee shall
specially exempt any of the said Companies, and shall enter
the Grounds of such Exemption in the Minutes of their Pro-
ceedings;

IV. And be it enacted, That every Officer of any Company Penalty for
who shall wilfuUy make any false Return to the Lords of the ^^f*^
said Committee shall be deemed guilty of a Misdemeanor.

V. And be it enacted. That it shaU be lawful for the Lords Board of Trade
of the said Committee, if and when they ^hall think fit, to ™»y *pp^^
authorize any proper Person or Persons to inspect any Railway ; speS^Mlways.
and it shall be lawftil for every Pei*son so authorized, at all
reasonable Times, upon producing his Authority, if required,

to enter upon and examine the said Railway, and the Stations,
Works, and Buildings, and the Engines and Carriages belong-
ing thereto : Provided always, that no Person shall be eligible
to the Appointment as Inspector as aforesaid who shall within
One Year of his Appointment have been a Director or have
held any Office of Trust or Profit under any Railway
Company.

VI. And be it enacted. That every Person wilfully obstruct- Penalty on
ing any Person, duly authorized as aforesaid, in the Execution ^^"^l^^J^
of his Duty, shall, on Conviction before a Justice of the Peace gp'^or.
having Jurisdiction in the Place where the Offence shall have

been committed, forfeit aq^ pay for every such Offence any
Sum not exceeding Ten Pounds ; and on default of Payment
of any Penalty so adjudged, immediately or within such Time
as the said Justice of the Peace shall appoint, the same JAistice,
or any other Justice having Jurisdiction in the Place where
the (Mfender shall be or reside, may commit the Offender to

Pp 2 Prison

590

Cap. 97.

JRaUwajft.

3 8c4Vicr

Copies of exist-
ing Bye Laws
to be laid before
the Board of
Trade;

otherwise to be
▼oid.

No future Bye
Laws to be
vaUd tUl Two
Calendar
Months after
they have been
laid before the
Board of Trade.

Board of Trade
may disallow
Bye Laws.

I'rovinons of
Railway Acts
requiring Con-
firxnation of
Bye Laws
repealed.

Prison for any Period not exceeding Three Calendar Months;
such Commitment to be determined on Payment of the Amomit
of the Penalty ; and every such Penalty shall be returned to
the next ensuing Court of Quarter Sessions in the usual
Manner.

VIL ^ And whereas many Railway Companies are or may

< hereafter be empowered by Act of Parliament to make Bye
^ Laws, Orders, Rules, or Regulations, and to impose Penalties
' for the Enforcement thereof, upon Persons other than the

< Servants of the said Companies, and it is expedient that such
* Powers should be under proper Control;' be it enacted,
That true Copies of all such Bye Laws, Orders, Rules, and
Regulations made under any such Powers by every such
Company before the passing of this Act, certified in such
Manner as the Lords of the said Committee shall from Time to
Time direct, shall, within Two Calendar Months after the pass-
ing of this Act, be laid before the Lords of the said Committee ;
and that every such Bye Law, Order, Rule, or Regulation, not
so laid before the Lords of the said Committee within the afore-
said Period, shall, from and after that Period, cease to have
any Force or Effect, saving in so far as any Penalty may have
been then already incurred under the s4me.

VIIL And be it enacted, That no such Bye Law, Order,
Rule, or Regulation made under any such Power, and which
shall not be in force at the Time of the passing of this Act, and
no Order, Rule, or Regulation annulling any such existing Bye
Law, Rule, Order, or Regulation which shall be made after the
passing of this Act, shall have any Force or Effect until Two
Calendar Months after a true Copy of such Bye Law, Order,
Rule, or Regulation, certified as aforesaid, shall have been laid
'before the Lords of the said Committee, unless the Lords of the
said Committee shall, before such Period, signify their Appro-
bation thereof.

IX. And be it enacted, That it shall be lawful for the Lords
of the said Committee, at any Time either before or after any
Bye Law, Order, Rule, or Regulation shall have been laid
before them as aforesaid shall have come into operation, to notify
to the Company who shall have made the same their Dis-
allowance thereof, and, in case the same shall be in force at the
Time of such Disallowance, the Time at which the same shall
cease to be in force; and no Bye Law, Order, Rule, or
Regulation which shall be so disallowed shdl have any Force
or Effect whatsoever, or if it shall be in force at the Time of
such Disallowance^ it sl^all cease to have any Force or Effect at
the Time limited in the Notice of such Disallowance, saving in
so far as any Penalty may have been then already incurred
under the same.

X« And be it enacted. That so much of every Clause, Pro-
vision, and Enactment in any Act of Parliament heretofore
passed as may require the Approval or Concurrence of any
Justice of the Peace, Court of Quarter Sessions, or other Person
or Persons^ other than Members of the said Companies to

give

1840. Haiiwc^ Cap. 97. 591

give Validity to any Bye Laws, Orders, Rales, or Regulations
made by any such Company, shall be repealed.

XL And be it enacted, That whenever it shall appear to the BoMPd of T»de
Lords of the said Committee that any of the Provisions of the ^J^ons to
several Acts of Parliament regulating any of the said Companies, enforce Pnm-
or the Provisions of this Act, have not been complied with on »«» ^^ ^'^•
the Part of any of the said Companies, or any of their Officers, "^^ ^^
and that it would be for the public Advantage that the due
Performance of the same should be enforced, the Lords of the
said Committee shall certify the same to Her Majesty's Attorney
General' for England or Ireland, or to the Lord Advocate for
Scadandi BB the Case may require; and thereupon the said
Attorney General or Lord Advocate shall, by Information, or
by Action, Bill, Plaint, Suit at Law or in Equity, or other legal
Proceeding, as the Case may require^ proceed to recover such
Penalties and Forfeitures, or otherwise to enforce the due Per-
formance of the said Provisions, by such Means as any Person
aggrieved by such Noncompliance, or otherwise authorized to
sue for such Penalties, niight employ;under the Provisions of
the said Acts: Provided always, that no such Certificate as Notice tobe
aforesaid shall be given by the Lords of the said Committee c^pany/
until Twenty-one Days after they shall have given Notice' of their
Intention to give the same to the Company against or in relation
to whom they shall intend to give the same.

XIL And be it enacted. That no legal Proceedings shall ^^f^^
be commenced under the Authority of the Lords of the said tionof Board of
Committee against any Railway Company for any Ofience TVade,and
against this Act, or any of the several Acts of Parliament y ***^^i^M!iii
relating to Railways, except upon such Certificate of the Lords offence,
of the said Committee as aforesaid, and within One Year after
such Offence shall have been committed.

XIII. And be it enacted. That it shall be lawful for any PunUhment of
Officer or Agent of any Railway Company, or for any Special rJ[^ com-
Constable duly appointed, and all such Persons as they may call puiies guilty of
to their Assistance, to seize and detain any Engine Driver, Misconduct
Gtiard, Porter, or other Servant in the Employ of such Com-
jpany who shall be found drunk while employed upon the Rail-
way, or commit any Offence against any of the Bye Laws, Rules,
or Regulations of such Company, or shall wilfully, maliciously,
or negligently do or omit to do any Act whereby the Life or
Limb of any Person passing along or being upon the Railway
belonging to such Company, or the Works thereof respectively,
shall be or might be injured or endangered, or whereby the
Passage of any of the Engines, Carriages, or Trains shall be or
might be obstructed or impeded, and to convey such Engine
Driver, Guard, Porter, or other Servant so offending, or any
Person counselling, aiding, or assisting in such Ofience, with all
convenient Despatch, before some Justice of the Peace for the
Place within which such Ofience shall be committed, without
any other Warrant or Authority than this Act ; and every such
Person so ofiending, and every Person counselling, aiding^ or
assisting therein as aforesaid, shall, when convicted before such

P p 3 Justice

592 Cap. 97. BaUxoays. 8 8c4Vicr

Justice as aforesaid, (who is hereby authorized and i^uiredi

upon Complaint to him made, upon Oath, vrithout Information

in* Writing, to take cognizance thereof and to act summarily

in the Premises,) in the Discretion of such Justice, be imprisoned,

with or without hard Labour, for any Term not exceeding

Two Calendar Months, or, in the like Discretion of su<£

Justice, shall for every such Ofienoe forfeit to Her Majesty any

Sum not exceeding Ten Pounds, and in default of Payment

thereof shall be imprisoned, with or without hard Labour as

aforesaid, for such Period, not exceeding Two Calendar Months,

as such Justice shall appoint ; such Commitment to be determined

on Payment of the Amount of the Penalty ; and every such

Penalty shall be returned to the next ensuing Court of Quarter

Sessions in the usual Manner.

Justice of the XIV. Provided always, and be it enacted. That (if upon

Peace empow- ^^ Hearing of any such Complaint he shall think fit) it shall

S» to'b^ triS ^ lawful for such Justice, instead of deciding upon the Matter

by the Quarter of Complaint summarily to commit the Person or Persons

Sessions. charged with such Ofience for Trial for the same at the Quarter

Sessions for the County or Place wherein such Offence shall
have been committed, and to order that any such Person so
committed shall be imprisoned and detained in any of Her
Majesty's Gaols or Houses of Correction in the said County or
Place in the meantime^ or to take Bail for his Appearance, with
or without Sureties, in his Discretion ; and every such Person
so offending, and convicted before such Court of Quarts
Sessions as aforesaid (which said Court is hereby required to
take cognizance of and hear and determine such Complaint),
shall be liable, in the Discretion of such Court, to be imprisoned,
with or without hard Labour, for any Term not exceeding Two
Years.
Punishment of XV. And be it enacted. That from and after the passing
Persons ob- Qf ^j^jg ^^^ everv Person who shall wilfully do or cause to be

StrUCtUlff lull- . \ * • \ "Kr 1 "r««

way. done any thing m such Manner as to obstruct any iljngme or

Carriage using any Railway, or to endanger the Safety of
Persons conveyed in or upon the same, or shall aid or assist
therein, shall be guilty of a Misdemeanor, and being convicted
thereof shall be liable, at the Discretion of the Court before
which he shall have been convicted, to be imprisoned, with
or without hard Labour, for any Term not exceeding Two
Years.
ForPunishment XVL And be it enacted. That if any Person shall wilfully
rtiw^r^tht^ obstruct or impede any Officer or Agent of any Railway Corn-
Officers of any' pany in the Execution of his Duty upon any Railway, or
Railway Com-' upon or in any of the Stations or other Works or Premises
pany, or tres- connected therewith, or if any Person shall wilfully trespass

passing upon t* •! /• i o • i_ wi' i

any Railway, upou any Raiiw^cv, or any ot the Stations or other Works or

Premises connected therewith, and shall refuse to quit the same
upon Request to him made by any Officer or Agent of the said
Company, every such Person so offisnding, and all others aiding
or assisting therein, shall and may be seized and detained by
any such Officer or Agent, or any Person whom he may call to

his

1840. BaOioays. Cap. 97. 593

bk ABsifltance, until such Offender or Offenders can be con-
veniently taken before some Justice of the Peace for the County
or Place wherein such Offence shall be committed, and when
convicted before such Justice as aforesaid (who is hereby
authorized and required, upon Complaint to him upon Oath,
to take cMnizance thereof and to act summarily in the Pre-
mises,) shall, in the Discretion of such Justice, forfeit to Her
Majesty any Sum not exceeding Five Pounds, and in default of
Payment thereof shall or may be imprisoned for any Term not
exceeding Two Calendar Months, such Imprisonment to be
determined on Payment of the Amount of the Penalty.

XVIL And be it enacted, That no Proceeding to be had and Proceedings not
taken in pursuance of this Act shall be quashed or vacated for ^^^r^^^^
Want of Form, or be removed by Certiorari, or by any other ponn or re-
Writ or Process whatsoever, into any of Her Majesty's Courts moved, into th^
of Record at Westminster or elsewhere, any Law or Statute to Courtis
the contrary notwithstanding.

XVUI. < And whereas many Railway Companies are bound. Repeal of aU
by the Provisions of the Acts of Parliament by which they S^,^'''°°\"^
are incorporated or regulated, to make, at the Expence of the ^,,^4 ^power
Owner or Occupier of Lands adjoining the Railway, Openings Two Justices to
in the Ledges or Flanches thereof (except at certain Places ^^"^^ Disputes
on such Railway in the said Acts specified), for effecting Jl^^p^Si^^
Communications between such Railway and any Collateral or for Openings in
Branch Railway to be laid down over such Lands, and any ^e Ledges or
Disagreement or Difference which shall arise as to the proper RaiJwaTs.^
Places for making any such Openings in the Ledges or .
Flanches is by such Acts directed to be referred to the
Decision of any Two Justices of the Peace within their respective
Jurisdictions : And whereas it is expedient that so much of
eveiy Clause, Provision, and Enactment in any Act of Par-
liament heretofore passed, as gives to any Justice or Justices
the Power of hearing or deciding upon any such Disagreement
or Difference as to the proper Places for any such Openings
in the Ledges or Flanches of any Railway, should be re-
pealed;' be it therefore enacted, That so much of every such
Clause, Provision, and Enactment as aforesaid shall be
repealed.

XIX. And be it enacted. That in case any Disagreement or Board of Trade
Difference shall arise between any such Owner or Occupier, or ^^p^*^*^^
other Persons, and any Railway Company, as to the proper ^ ftitur^**
Places for any such Openings in the Ledges or Flanches of

any Railway (except at such Places as aforesaid), for the
Purpose df such Communication, then the same shall be left to
the Decision of the Lords of the said Committee, who are
hereby empowered to hear and determine the same in such
Way as they shall think fit, and their Determination shall be
binding on all Parties.

XX, And be it enacted, That all Notices, Returns, and other Communica-
Documents required by this Act to be given to or laid before ^^°j^^,^
the Lords of the said Committee shall be delivered at or sent i^ft at their
by the Post to the Office of the Lords of the said Committee ; Office.

P p 4 and

594

Communica-
tioDs by the
Board how
to be autben«
ticated.

What diall be
deemed good
Service on Rail-
way Compimy.

Meaning of the
Words " Rail-
way *' and
« Company.*

>•

Act may be
amended, &c.

Cap. 97) 9& Baibvatfs.'^Hlffhwaif Boies. 3 & 4 Tier.

and all Notices, Appointments, Requisitions, Certificates, or
other Documents in Writing signed by one of the Secretaries
of the said Committee, or by some Officer appointed for that
Purpose by the Lords of the said Committee, and purporting
to be made by the Lords of the said Committee, shcdl, for the
Purposes of this Act, be deemed to have been made by the
Lords of the said Committee ; and Service of the same upon any
One or more of the Directors of any Railway Company, or oa
the Secretary or Clerk of the said Company, or by leaving
the same with the Clerk or Officer at one of the Stations
belonging to the said Company, shall be deemed good Service
upon the said Company.

XXI. And be it enacted. That wherever the Word << Rail*
way " is used in this Act it shall be construed to extend to all
Railways constructed under the Powers of any Act of Parlia-
ment, and intended for the Conveyance of Passenffers in or
upon Carriages drawn or impelled by the Power of Steam or
by any other mechanical Power; and wherever the Word
'^ Company" is used in this Act it shall be construed to extend
to and include the Proprietors for the Time being of any such
Railway, whether a Body Corporate or Individuals, and their
Lessees, Executors, Administrators, and Assigns, unless the
Subject or Context be repugnant to such Construction.

XXIL And be it enacted. That this Act may be amended
or repealed by any Act to be passed in the present Session of
Parliament.

2&3Vict.c.81.

CAP. XCVIII.

0

An Act to authorize, for a limited Time,' the Application
of a Portion of the Highway Rates to Turnpike Roads
in certain Townships and Districts.

[10th August 1840.3

Tl/' HERE AS by an Act passed in the last Session of
^^' Parliament, intituled An Act to authorize fir a Year^
and from thence to the End ofthfi then next Session qf'Parliamentj
the Application of a Portion of the Hightoay Rates to Turnpike
Boads in certain Cases^ the Justices at any Special Session for
the Highways were empowered for a limited Period, upon
Proof that the Funds of any Turnpike Trusts were insufficient
for the Repairs )of the Turnpike Road within any Parish
belonging to such Trust, to order, if they should* so think
fit, that a Portion of the Highway Rate levied or to be levied
within such Parish should be paid to the Commissioners or
Trustees, or to the Clerk, Treasurer, or other Officer of
such Turnpike Trust, to be laid out in the actual Repair
of such Turnpike Road lying within such Parish: And
whereas it is expedient to declare and define the Provisions
of the said Act, and to apply them to every Place and
District maintaining its own Highways, whether such Place

• or

1840. Hiffhwmf Itaies^^^P^pnlaHm. {G. B.) Cap.98|99. 595

* or District be ft Parish or not :* Be it therefore epacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Ciommons,
in this present Parliament assembled, and by the Authority
of the same, That after the passing of this Act all the Powers Application of
and Provisions of the said Act in respect of Parishes, and of ^'x^^^^***
Highway Rates levied or to be levied within Parishes, and of J^^ ^^j^ ^L
Turnpike Beads lying therein, shall be applied and extend, triGta»
and shall be taken and construed to extend, to every Parish,
Township, Tithing, Rape, Vill, Wapentake, Division, City,
Borough, Liberty, Market Town, Franchise, Hamlet, Pre-
cinct, Cfaapelry, or other Place or District maintaining its own
Highways, and to the Highway Rate levied or to be levied
wiuin any such Place or District, and to evety Turnpike Road
therein.

IL And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed in this Session of Parliament, amended.

llh And be it enacted. That this Act shall continue in force Continuance
during the Continuance of the said Act of the last Seanon of ^ ^^^
Parliament.

CAP. XCIX.

An Act for taking an Account of the Population of 4\/^S^^^y
Great Britain. [10th August 1840.3 ^^^^

^ YX/' HERE AS it is expedient to take an Account of the

* ^ total Number of Persons within the Kingdom of Great

* Britain ;* be it enacted by the Queen's most Excellent Ma-
jes^, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament as*
sembled, and by the Authority of the same, That at the Time Aeoount ofthe
and in the Manner herein-after directed an Account shall be Pop«J*tion to
taken of the Number of Persons who at the Time of taking ^*
such Account shall be within England and Scotland respectively,

and the Persons employed in taking such Account shall set
down the several Particulars respecting the same according to
such Form as shall be prescribed by the Commissioners herein*
after mentioned.

II. And be it enacted. That the Registrar General of Births, Commiasionen
Deaths^ and Marriages in England^ with such other Person or ^ **^^ ^^
Persons as shall be associated with him for that Purpose by Her p^uition!
Majesty, shall be Commissioners for taking Account of the
Population in Greet Britain, and shall have the Care of superiur
^ tending the taking of such Account, and of making such pre-
liminary Inquiries as may be necessary to enable them to
determine on the best Manner of putting this Act into exe-
cution, and shall prepare and cause to be printed for the Use
of the Persons to be employed in taking such Account such
Forms and Instructions as they, shall deem necessary; and the

Registrar

5961

Cap.991

PopidatiaS^ {Onait jBritsm).

3 & 4 Vict.

Registrars Dis-
tricts in Eng-
land to be
formed into
Enumeration
Districts.

Enumerators to
be appointed.

Enumerators
to take the
Account in
England on
1st July 1841.

Registrar General shall issue all Forms and Instructions which
shall have been agreed upon by the said Commissioners to the
Persons for whose Use they shall be intended ; and all the £jc-
pences whiob shall be incurred by die said Commissioners in
performing the Duties assigned to them by this Act, and taking,
the said Account, not herein otherwise provided for, shall be
deemed to be incurred in the Business of the General Register
Office, and shall be defrayed accordingly.

Ill* And be it enacted, That every Registrar's District in
EngUmd shall be formed into One or more Enumeration Dis*
tricts, according to such Instructions as shall be agreed upoa
by the said Comnussioners; and the Registrar General shall
send to every Registrar in England^ on or before the Thirty ^rst
Day of December next, a sufficient Number of Copies of such
Instructions; and the Registrars, with all convenient Speedy
shall divide the several Districts iilto Enumeration Districts^
according to such Instructions, and subject in each Case to be
revised by the Superintendent Registrars, and to the final Re-
vision and Approval of the said Commissioners*

IV. And be it enacted, That the several Registrars of Births
and Deaths in Enffland shall make and return to their Superin-
tendent Registrar a List, containing the Names and Places of
Abode of a sufficient Number of Persons, duly qualified accord-
ing to such Instructions as shall have been agreed upon by the
said Commissioners, to take Account of the Population within
their several Districts, and such Persons, when approved by the
Superintendent Registrar, shall be appointed Enumerators for
taking such Account, subject nevertheless to the Approval of
the said Commissioners; and the Registrar, with the Approval
of the Superintendent Registrar, shall assign a District to each
Enumerator, and shall distribute to the Enumerators in his
District the Forms and Instructions which shall have been
issued for that Purpose by the Registrar General, and shall
personally ascertain that each Enumerator fully and thoroughly
understands the Manner in which the Duties required of him
are to be performed.

V. And be it enacted. That upon Thursday the First Day of
July in the Year One thousand eight hundred and forty*one
every such Enumerator, under the Direction of the Registrar
of the District, shall visit every House within his District,
except as herein-after provided, and shall take an Account in
Writing of the Name, Sex, Age, and Occupation of every living
Person who abode therein on the Night of Wednesday the
Thirtieth Day of June in the same Year, and shall also ascertain
which of such Persons are Foreigners, and also which were bom
in the Parish and County in which they shall then be dwelling,
and shall also take an Account of the occupied Houses, and of
the Houses then building atid therefore uninhabited, and also of
all other uninhabited Houses within his District ; and in sucb
Account each Enumerator shall distinguish the several Parishes
^d Places maintaining their own Poor within his District, or

such

1840. I\)pidcahn {Great BrUam): Cap. 9% 6BT

•uch Fkrts thereof* as shall be within his District^ and shall also
distinguish those Parishes and Places^ or Parts of Parishes and
Places, within his District^ which are within the Limits of any
City or Borough returning or contributing to return a Member
or Members to serve in Parliament, or of any incorporated City
or Borough, and shall sign and deliver such Account to the
Registrar of the Districti and also a Form of Declaration to the
Effect that the said Account has been truly and faithfully taken
by him, and that to the best of his Knowledge the same is
correct, so &r as may be known; which Form of Declaration
shall be prepared and issued by the said Commissioners, with
the Forms and Instructions to be issued by them as aforesaid.

VI. And be it enacted. That the Registrar to whom such Registrars to
Accounts shall be delivered shall examine the same^ and shall ^^"^x ^®
satisfy himself that the Instructions in each Case have been ^^^^^
punctually fulfilled, and if not, shall cause any Defect or In-
accuracy in the said Accounts to be supplied, so &r as may
appear possible ; and when the Accounts shall have been made
as accurate as is possible the Registrar shall deliver them to the
Superintendent Registrar of his District

VIL And be it enacted, That the Superintendent Registrar Superintendent
shall examine all the Accounts which shall be so delivered to Re«»«t™^s to
him, and shall satisfy himself how for the Registrars have duly ^^xs, and re-
performed the Duties required of them by this Act, and shall turn them to
cause any Inaccuracies which he shall discover to be corrected, Commissioners.
so far as may be possible, and shall return all the Accounts
which shall have been delivered to him to the Registrar General
f6r the Use of the said Commissioners. .

VIII. And be it enacted. That the Commissioners shall cause Abstracts of
Abstracts to be made of the said Returns, in such Form and ^Jl^'j^^i^^
Manner as shall be decided upon by the said Commissioners, before Pwiia-
with the Approval of One of Her Majesty's Principal Secretaries ment.
of State ; and such Abstracts shall be printed, and laid before
both Houses of Parliament, within Twelve Calendar Months
next after the First Day of September in the Year One thousand
eight hundred and forty-one^ or if Parliament be not then sitting
within the first Fourteen Days of the Session then next ensuing.

IX« ^ And whereas it is expedient that Return be made of For obtaining
« the Number of Baptisms, Burials, and Marriages entered in ^™,of*^''
^ the several Parish Registers in England^ and other Particulars Baptisms, Bu-

• relative to the Ages of the buried, and to Births, Deaths, and rials, &c. enter-

* Marriages not entered in the Parish Register;* be it enacted, R^^l^leM^'^
That the said Commissioners shall cause to be printed a sufficient England.
Number of Copies of this Enactment and of the Schedule an-
nexed to this Act, and the Registrar General shall cause One

Copy thereof to be delivered by the Registrars of Births and
Deaths in England to every Rector, Vicar, Curate, or other
Officiating Minister of every Parish or Place (Extra-parochial
or otherwise) in England^ including Free Chapels, Donatives,
and Peculiars ; and every such Officiating Minister to whom
such Schedule shall have been* delivered, and having Custody of

any

£98 Cap.9d. Pcpukti&n {Great Brtkdn)^ 3 & 4 Tier.

any Register ^hich is not copied into the Roister of a Mother

Church, shall forthwith prepare an Answer or Return to the

Questions relative to Baptisms, Burials, and Marriages in the

said Schedule set forth, and shall, on or before the First Day of

August in the Year One thousand eight hundred and forty-one,

duly send such Answer or Return to the Bishop within the

Limits of whose Diocese the said Parish or Place is situate ; and

. the several Bishops shall, on or before the Fifteenth Day of

August in the Year One thousand eight hundred and forty-one,

send the same to the Archbishops of their respective Provinces,

and thereupon the said Archbishops shall, on or before the First

Day of September in the Year One thousand eight hundred and

forty-one, cause the same to be laid before Her Majesty's most

Honourable Privy Council, who shall cause an Abstract thereof

to be prepared by the said Commissioners, and laid before both

Houses of Parliament within Twelve Months after the said

First Day of September^ or if Parliament shall not be then sitting

within the first Fourteen Days of the Session next ensuing.

Copies of this X. And be it enacted, That the Registrar General shall send

^*^toV*' ** * printed Copy of this Act, and also a sufficient Number of all

SheriffDeputest Forms and Instructions which the said Commissioners shall

Provosts, &c« have agreed upon, to the Sheriff Depute of every County and

m Scotland. Stewartry in Scotland^ and to the Provost or other Chief Magis*

trate of every Royal ISui^h in Scotland^ with such Alterations in
the said Forms and Instructions as to the said Commissioners
shall seem necessary to make them applicable to the Circum-
stances of each Case.
SheriffDeputes, XL And be it enacted. That the Sheriff Deputes, or their
Ac. in Scotland Substitutes, in their respective Counties and Stewartries, and
&hedimiBten ^^^ Provosts or Other Chief Magistrates of the Royal Burghs,
or other Per- within the said Burghs, shall nominate and appoint, in Writing
sons to take the under the Hand of their respective Clerks, the Schoolmaster or
qidredTn'scot- ^^©^ ^^ Persou or Persons in each Parish or Part of a Parish
land. or Place within their respective Jurisdictions, to take account of

the several Matters required by this Act; and the Sheriffi
Officers and Town Officers respectively are required forthwith
to deliver the Forms and Instructions, prepared as aforesaid, for
their Use, to the Schoolmaster, Person or Persons so appointed ;
and on the said First Day of July in the Year One diousand
eight hundred and forty-one the Schoolmaster, Person or Per-
sons so appointed, shall take an Account in Writing of the
Name, Sex, Age, and Occupation of every living Person who
abode therein on the Night of Wednesday the Thirtieth Day of
June in the same Year, and shall also ascertain which of such
Persons were bom in the Parish and County or Stewartry in
which they shall then be dwelling, and also take an Account of
the occupied Houses, and of the Houses then building, and
therefore uninhabited, and also all other uninhabited Houses
within their District ; and in such Account the Enumerators
shall distinguish the several Parishes and Places maintaining
their own roor^ and shall also distinguish those Parishes and

Places,

]^840; Pcpidaium {Great Britain). . Cap.99» 609

Places, or ParU of Parishes and Places, which are within the
Limits of any City or Borough returning or contributing to
return a Member or Members to serve in Parliament, or Royal
Burgh, and shall then exhibit the same to the Minister of the
Parish, for his Correction and Approbation, and for any Obser-
vations which he may think fit to write thereupon; and the
several Schoolmasters and other Persons appointed shall there*
after s^ the same with their Names and ordinary Designations.

XIL And be it enacted, That the SheriflT Deputes or their Retanu to be
Substitutes, and the Provosts or other Chief Magistrates of the "SJ^jJ^^^t^
Royal Burghs, within their respective Jurisdictions, shall wpoint or tbeir Sub^
a Time or Times, which shall not be sooner than the Eighth ititutes in Scot-
Day of July nor later than the last Day of July in the Year ^^
One thousand eight hundred and forty-one, for the School-*
master. Person or Persons appointed by them as aforesaid, to
attend at their Offices, or at such other Places as they shall
appoint, with their Returns to be made under this Act ; and
the said Sheriff Deputes or their Substitutes, and Provosts or
other Chief Magistrates, shall cause Notice to be given to them
respectively for that Purpose accordingly, and shall then and
there receive the Returns to be made as aforesaid, and cause
every Schoolmaster or Person appointed to make such Returns
as aforesaid to make a Declaration to the Effect that the said
Account has been truly and faithfully taken, and that, to the
best of his Knowledge, the same is correct, so far as may be
known ; and such Sheriff Deputes or their Substitutes, and
Provosts, or other Chief Magistrates aforesaid, if they see Cause,
may examine the said Schoolmaster, Person or Persons, touching
any of the Matters contained in such Questions and Answers,
ei^>ecially as to the distinct Population of Parts of Parishes not
wholly contained in one and the same County, or partly in-
cluded in any Parliamentary Burgh (as aforesaid) or Royal
Burgh^ and shall thereafter direct their respective Clerks to
indorse the same (if not previously indorsed) with the Name
of the County and District thereof wherein the Parish or Place
therein mentioned is situated, or otherwise (in Cases where the
said Sheriff Deputes or their Substitutes shall think proper) they
shall direct the Schoolmasters and other Persons aforesaid to
verify the said Returns and Answers before any Justice of the
Peace within the County, and thereafter to transmit the Sche-
dule previously to the said last Day of July in any convenient
Manner to the said Sheriff Deputes or their Substitutes, who
shall direct tlie same to be indorsed as aforesaid.

XIIL And be it enacted. That the Sheriff Deputes or their Original Ac-
Substitutes, and Provosts or other Chief Magistrates of the ^^i^^|^^
Royal Burghs in Scotiandf shall, on or before the First Day of |„ ^tUuid to
September One thousand eight hundred and forty-one^ send with be transmitted
all convenient Speed the several original Accounts so taken in *^^^"^''**'^
Writing by the Schoolmasters or other Persons ^>pointed as ^ ' *
aforesaid in every Parish or Place in Scotland (together with a
List of the Parishes and Places within their respective Counties,

Ridings,

too Cap. 9d« PopnlaHm {Great Britain). S & 4 Vicr:

Ridings, or Divisions from whence no Returns have been madle

to them,) to One of Her Majesty's Principal Secretaries of State;

Abstract thereof and that an Abstract thereof shall be made by the said Com*

bid bXre*]^ fiiissioners, and shall be laid before both Houses of Farliamoit

liunent. within Twelve Months after the said First Day of September^ or

if Parliament shall not be then sitting within the first Fourteen
. Days of the Session next ensuing.
Masters, &c. of XIV. And be it enacted, That the Master or Keeper of
^^^^^^^ 6very Gaol, Prison, or House of Correction, Workhouse^ Hos-
iDowtorsofthe* P^^lf OT Lunatic Asylum, and of every public or- charitable
Inmates^therej Institution which shall be determined upon by the said Com*
®^ missioners, shall act as the Enumerator of the Inmates thereof,

and shall be bound to conform to such Instructions as shall

be sent to him by the Authority of the said Commissioners' for

obtaining the Returns required by this Act, so far as may be

practicable with respect to such Inmates.

Returns of XV. And be it enacted, That the said Commissioners shall

housei^ Poor, obtain, by such Ways and Means as shall appear to them best

traveHing'OTOTi «^dapted for the Purpose, Returns of the Particulars required

Shipboard. by this Act with respect to all houseless Persons, and all Pei^

sons who, during the said Night of Wednesday the Thirtieth

Day otJnnef were travelling or on Shipboard, or for any other

R^on were not abiding in any House of which Account is to

be taken by the Enumerators, Schoolmasters, and other Persons

{IS aforesaid, and shall include such Returns in the Abstracts to

be made by them as aforesaid.

Table of Al-] XVI. And be it enacted. That the said Commissioners shall

lowances to prepare a Table of Allowances to be made to the several Enu-

^umeraors, m^j-ators. Registrars, and Superintendent Registrars, Clerks,

Schoolmasters^ and other Persons employed in we Execution of

this Act ; and such Table, when approved by the Commissioners

of the Treasuiy, shall be laid before both Houses of Parliament

on or before the First Day of May One thousand eight hundred

tod forty-one, or if Parliament be not then sitting within the

first Fourteen Days of the Session then next ensuing.

Payments to be XVII. And be it enacted, That the Justices of the Peace in

TOM ran f"^ England^ at their respective Michaelmas Quarter Sessions in the

i^^xecu- Year One thousand eight hundred and forty-one, or at the

tionofthisAct Quarter Sessions following, shall allow to the several Enume-

n England. rators, Registrars, and Superintendent Registrars the Allowances

to which diey will be entitled according to the said Table, ^snd
shall order Payment thereof to be made out of the Poor's Rate
of the several Parishes and Places in such Proportion as to
them shall seem just, which Payment shall thereafter be allowed
in the Accounts of the Overseers of the Poor ; and the said
Justices at the said Quarter Sessions shall also allow to the
Parish Clerk, or any other Person who shall have assisted the
Rector, Vicar, Curate, or other Officiating Minister in the
Execution of this Act, the Allowances to which he will be
entitled according to the said Table, upon his producing a
Certificate from the said Officiating Minister to that Effect, and

shaU

1840. Popidation {Gre(a Briiain.) Cap. 99. (SOI

shall order Paym^it thereof to be made out of the Church Rate
or Poor's Rate of the several Parishes or Places re8{>ectitely,
and the said Payment shall thereafter be allowed in the Accounts
of the several Churchwardens or Overseers of the Poor: Pro-
vided always, that no such Payment shall be made to any
Enumerator but upon Production of a Certificate under the
Hand of the Registrar that the Duties required of such Enu-
merator by this Act have been faithfully perfomfed ; and the
like Certificate shall be required under the Hand of the Superin-
tendent Registrar with respect to the Registrar before any Pa,y-
ment shall be made to the Registrar, and the like Certificate
Bnder the Hand of One of the said Commissioners with respect
to the Superintendent Registrar before any Payment shall be
made to the Superintendent Registrar.

XVin. And be it enacted, That the Sheriff Deputes or their Payments to be
Substitutes, and Provosts or other Chief Magistrates of the "^""-^^^
Royal Burghs in Scotland, shall allow to the Sheriff Clerk or land. *
Town Clerk respectively, for the Return which shall be made
and transmitted from every Parish or Place in Scotland, the
Sum of One Shilling, and to the Sheriff's Officer or Town
Officer who shall distribute the Schedule to the Schoolmasters
and others, for the like, the Sum of Two Shillings and Six-
pence ; and the said Sheriff Deputes or their Substitutes, and
Provosts or other Chief Magistrates, shall allow to the ScbooU
masters and others the Allowances to which they will be entitled
according to the said Table, and shall order Payment thereof
and also of the Sums respectively payable to the Sheriff's Cterk
or Town Clerk, and to the Sherifi^s Officer or Town Officer^
to be made by the Collector of the Land Tax of and for the
Shire or other Place (as the Case shall require) out of dny
Money |in bis Hands, and such Collector shall pay the same '
accordingly.

XIX. And be it enacted, That ev^y Superintendent Regis- FT'^^'''^^'
trar, Registrar, and Enumerator, and also every Schoolmaster " ^
or other Person so appointed as aforesaid, making wilful Default

in any of the Matters required of them respectivdy by thifr Act,
or making any wilfully false Declaration, shall for every such
wilful De&ult or false Declaration forfeit a Sum not exceeding
Five Pounds nor less than Forty Shillings, at the Discretion of
the Justice or Justices or Magistrate before whom Complaint
thereof shall be made.

XX. And the better to enable the said Commissioners, *Enu- Penalty for
merators. Schoolmasters, and other Persons employed in the ^^^^nor
Execution of this Act to make the said Inquiries and Returns, giving false
be it enacted. That the said Enumerators, Schoolmasters, and Andrew.
other Persons shall be authorized to ask all such Questions as

shall be directed in the Instructions to be issued by the said
Commissioners, with the Approval of One of Her Majesty's
Principal Secretaries of State, which shall be necessary for
making the preliminary Inquiries and for obtaining the Re-
turns required by tliis Act; and every Person refusing to

answer,

602

Cap. 99.

Papulatian {Great Britain). 3 & 4 VicT.

Recovery and
Application of
Penalties.

ExpUmatioQ
Clause.

Act may be
aniendedy &c»

answer, or wilfiilly ffiving a £dse Answer to such Questions,
or any of them, shall for every such Refusal or wilfully
false Answer forfeit a Sum not more than Five Pounds nor
less than Forty ShillingSi at the Discretion of any Justice of
the Peace or Magistrate before whom Compliunt thereof shall
be made*

XXL And be it enacted, That the several Forfeitures and
Penalties inflicted by this Act shall, if not immediately paid, be
levied by Distress and Sale of the Ofiender's Goods and Chattels,
by virtue of a Warrant under the Hand and Seal of any Justice
of the Peace or Magistrate having Jurisdiction where such Of-
fender shall dwell, rendering to the said Offender the Overplus
(if any), after the Charge of such Distress and Sale shall be
deducted; and in case sufficient Distress shall not be found
then it shall be lawful for such Justice or Magistrate to commit
such Offender to the Common Gaol,, there to remain without
Bail or Mainprize for a Term not exceeding Four Weeks, unless
the said Forfeiture and Charges shall be sooner paid ; and the
said Forfeitures, when recovered in England^ shall be paid, one
Half to the Informer, and the other Half to the Treasurers of
the several Counties or Boroughs, to be applied in aid of the
County or Borough Rates respectively ; and any Person shall be
deemed a competent Witness for the Execution of any of the
Purposes of this Act, notwithstanding his paying or being liable
to pay towards any Poor^s Rate or County or Borough Rate ;
and in case the said Forfeitures shall be recovered in Scotland^
they shall be paid, one Half to the Informer, and the other Half
to the Collector of the Land Tax of such County wherein the
said Default shall be committed, to be by him applied in aid of
the Expenditure incurred by reason of this Act.

XXIL And be it enacted and declared, for Explanation of
the full Intent and Meaning of certain Words used in this Act,
That the Words " Parish or Place^ Parishes or Places," shall
include the various Denominations of Townships, Tithings^
Hamlets, Villages, Chapelries, Quarters, Wards, Parcels, Lord-
ships, Manors, or Parts of any Parish, and all other Places,
whether denominated ViUs, Precincts, or otherwise, and
whether connected with any Parish, or deemed to be Extra-
parochial.

XXIIL And be it enacted, That this Act may be amended
or repealed by any Act to be passed in this Session of Parlia-
ment.

SCHE-

1840.

Papulation (Great Britain).

Cap. 99. 603

SCHEDULE to which the foregoing Act refers.

Parish Register.

Questions to which, by Direction of an Act passed in the Fourth Year of the Reign of Her
Majesty Queen Victoria, intituled [here insert Title of this Jet], written Answers are to be returned
by the Rector, Vicar, Curate, or Officiating Minister in England (having Custody of a Register
which is not copied into the Roister of a Mother Church), by whom a Return is to be made to
the Bishop on or before the 21st June 1841.

1st. What was the Number of Baptisms and Burials in your Parish or Chapelry in the several
Years from 1831 to 1840, both inclusive ; distinguishing Males from Females?

2d. What has been the Number of Marriages in your Parish or Chapelry in the several Years
from 1831 to 1840, both induMve?

Sd. Be pleased to specify, on the Schedule annexed for that Purpose, the Ages of Individuals
registered in your Burial Register in the several Years from 1831 to 1840, both inclusive ;
distinguishing Males from Females.

4th. What Number of illegitimate Children may have been bom in your Parish or Chapelry
during the Year 1840, according to the best Information you possess or can obtain ; and
distinguishing Male and Female Children ?

5th. Are there any Matters which you think it necessary to remark, in explanation of your
Answers to either of the preceding Questions ? Especially, whether any and what annual
average Number of Births, Deatlis, and Marriages va§y, in your Opinion, have taken
place in your ParUh, without being noticed in the Parish Register ?

FORM of ANswxas by the Clkroymkn in Ekglako to the First and Secovd Questions contained
in the Schedule to an Act, 4o Vicroauv, intituled [here insert Title of this Act}.

Diocese of and County, &c« Deanery, or Jurisdiction, &c. City, Town, &c.

Parish or Chapelry, &c.

«

QUESTION 1st.

QUESTION 2d.

TBAAS.

BAPTISMS.

BURIALS.

TEABS.

NUMBBA

of

MABBIAOB8.

Males.

Females

Total.

r
Males.

FXHALSS.

Total.

1831 -

1832 -

1833 -

1834 -

1835 -

1836 -

1837 -

1838 -

1839 •

1840 ^

^

1831 -

1832 -

1833 -

1834 -

1835 -

1836 -

1837 -

1838 -

1839 -

1840 -

1, A,B. [Rector, Vicar, Curate, or Officiating Minister] of the Parish, Chapelry, &c. of .
in the County of do certify, That the above Return contains, to the best of my

Knowledge and Belief^ a full and true Answer to the several Questions contained in the Schedule to
an Act, intituled [here insert Title of this Act], A, B,

Witness to the Signature of the Clergyman, CD. One of the Churchwardens [or substantial
Householder] of the Parish of this Day of

Qvxsnov 4th. — Nvmbxb of illegitimate Children bom in the Year 1840. — Males. — Females.

QuBSTioir 5th. — Rxicabxs in Explanation of the Matters stated in answer to the several Questions.

Estimated annual average Number of unentered

Marriages. I Births. | Deaths. 1

[No. 39. Price 2i]

Qq

604 Cap. 99.

Population (Great Britain).

8 & 4 Vict.

ANSWER TO THE THIRD QUESTION.

Parish of

Registered Burials, 18S1.

Column 1.

- > ■

Column 2.

Aget.

j

u

BUlet.

Females.

.3

17_|
18 1

19 I

20 I

21

22 I

23 I

24 I

25 I

26 I

27

28

29

30

31

DefeetiTe Registry of Ages

In Burial Grounds of Dis
senter% Jew% and others

';}

Ages.

Malet.

Pcnulcs.

4

r

1

1

1

1

5

1

6

7

1

8

— 1 —

9

, 10

1 11

, 12

13

1

1

14

1

1

15

16

Column 3.

AgBS<

32

Males.

S3

J4
35'

36

37

38

39

40

41 I

42

43

44
45

46 I

47 I

48 I

49 I

50

51

52

53

54

5S

56

57

58

59

60

61_
62

63

64

€S

66

Aget.
67

Column 4.

68

69

70

MalM.

71 I

72 I

73

7V I

75
76

77

78

79 I

80 I

81

82

I

83
8"4 I

85 I

86 I
87

88

^9

90

SUMMARY.

1st Column
2d Column
3d Cohioin
4th Column

[ Tm Bimilar Pages, numbereri emueeutively 1 RSI -1840, are to he tranimitied to werjf

Officiating Miniiier in England.]

1640. Popuiatian (Ireland). Cap. 100. 605

CAP. C.

An Act for taking an Account of the Population o^ ^(/r/cy^
Ireland. [10th August 1840.] ^

* \1/^HEREAS by an Act passed in the Fifty-fifth Year of

* I^ii^g George the Third, intituled ^n ^c/ to provide for 55 G.3.c.iso.

* the taking an Account of the Population of Ireland, and for the
^ ascertaining the Increase or Diminution thereof; and by an Act

* passed in the Third Year of the Reign of King George the

* Fourth, intituled An Act to repeal so much of an Act made in s G. 4. c.5.

* the Ftftg-JifUi Year of the Reign of His late Majesty ^ for taking

* an Account of the Population of Ireland, as relates to certain

* Expences to be incurred under the said Act ; and by an Act
^ passed in the First Year of the Reign of His late Majesty King

^ JVtUiam the Fourth, intituled An Act to extend the Provisions iW.4. c.i9.

* of an Act of the Itffyffth Year of the Reign of King George the

* Thirdf to provide for the taking an Account of the PopU"

* lotion of Ireland, and for ascertaining the Increajse or lyimi^
^ nution thereof certain Provisions were made respecting the

* Manner in which such Account should be taken: And

* whereas it is expedient that an Account should now be

* taken of the Population of Ireland in a different Manner :'
Be it therefore enacted by the Queen's most Excellent Ma-
jesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and by the Authority of the same, That Recited Acts
the said several Acts shall be and the same are hereby re- '^P^'^d-
pealed.

II. And be it enacted. That such Officers and Men of the By whom the
Police Force of Dublin Metropolis, and of the Constabulary ^^^^ "^^
Force, as the Lord Lieutenant or other Chief Governor or
Governors of Ireland shall direct, together with such other
competent Persons as the said Lord Lieutenant or other Chief
Governor or Governors shall appoint to assist therein, shall,
upon such Day, or if it be found necessary, such One or more
consecutive Days, in the Month of July in the Year One thou-
sand eiffht hundred and forty-one, as the said Lord Lieutenant or
other Chief Governor or Governors shall fix, severally visit every
House within such Districts as may be assigned to them respec-
tively, and take an Account, in Writing, according to such In-
structions as may be given to them by the Chief or Under Se-
cretary to the said Lord Lieutenant or other Chief Governor
or Governors, of the Number of Persons dwelling therein, and
of the Sex, Age, and Occupation of all such Persons, dis-
tinguishing the Persons bom in the Place or Parish and
County in which they shall be then dwelling; and shall also
take an Account of the Number of inhabited Houses and of
uninhabited Houses, and of Houses then building, within such
Districts respectively; and shall also distinguish those Parishes

Q q 2 and

606 Cap. 100. Population {Ireland). d&4ViCT.

and Places, or Parts of Parishes and Places, vrithin each Dis-
trict respectively, which are within the Limits of any City or
Borough returning a Member or Members to serve in Parlia-
ment; and shall also take an Account of all such further
' Particulars as by such Instructions they may be directed to
inquire into, such Particulars and Instructions having no Re-
ference to' the Religion of any Person or Persons.
Fonns, &c. to III. And for the more effectual obtaining of such Accounts,
S^U**'*^ ^°' ^ ^^ enacted. That the said Chief or Under Secretary shall

J>repare and cause to be printed such Forms and Instructions
or the Use of the several Persons who shall be appointed as
aforesaid to take or certify the said Accounts as he shall deem
necessary.
Power to make IV. And be it enacted, That the better to enable such Per-
the Inquiry. sons to take the said Accounts they are hereby authorized and

empowered to ask all such Questions of all Persons within

their respective Districts, respecting themselves or the Persons

constituting their respective Families, as shall be directed by

their said Instructions, or shall be necessary for tlie Purpose of

taking the said Accounts.

Penaltjfor V. And be it enacted. That every Person refusing to

reftinng to answer or wilfully giving a false Answer to any such Ques-

S^rVjSfle^^ tions, and every Person in any way wilfully obstructing such

Answers. Persons in the Execution of the Duties required of them

under this Act, shall for every such Refusal, false Answer, or
wilful Obstruction, on Proof thereof being made before any •
Two Justices of the Peace of the County in M'hich such Persons
shall reside, on the Testimony of One or more credible Wit-
nesses, forfeit a Sum not exceeding Five Pounds, at the Dis-
cretion of the said Justices before whom such Complaint shall be
80 made.
Penalty on VI. And be it enacted. That every Member of the said

^^^wTfmiilt P^^^c® ^^ Constabulary Forces, or other Person, who shall be
ofwiifui De- 80 appointed to take the said Accounts or to assist therein, who
fault or Neglect shall make any wilful Neglect, Default, or Falsification in any

Matters relating to the said Accounts, shall for every such
Neglect, Default, or Falsification, on Proof thereof being
made before any Two Justices of the Peace of the County
in which he shall so act, on the Testimony of One or more
credible Witnesses, forfeit a Sum not exceeding Five Pounds
nor less than Forty Shillings, at the Discretion of the said Jus-
tices before whom such Complaint shall be so made.
Penalties how VIL And be it enacted. That the Amount of such several
***!?* ^IaT^ Forfeitures which may be received under this Act shall, if not
^^ immediately paid, be levied by Warrant under the Hands and

Seals of any Two Justices of tlie Peace of the County,
addressed to One or more Sub-Inspectors of Constabulary of
the County, in such Manner as is directed by a certain Act
passed in the First and Second Years of the Reign of Her pre-
i&sVictc.99. sent Majesty, intituled An Act fir the more effectual lemfing of

Finesy Penaltiesy Issues^ Deodands, qnd Amerciaments, and of

forfeited

1840. Paptdatim {Ireland). Cap. 100. 607

forfiittd Recoffnizances estreated, in Ireland, and for the Appli^
cation and Distribution thereof; and that the Amount of such
Forfeitures, when so paid or levied, shall be forthwith remitted
to the Paymaster of Civil Services in Ireland^ and be by him
paid, one Half to the Informer, and the other Half to the
Credit of and to be appropriated in the same Manner as the
Surplus Fund under the said Act.

VIII. And be it enacted, That the said several Persons TbePenonf
so appointed to take the said Accounts, or to assist therein, ^"W **»«
shall sign and certify the same, and make solemn Affirmation certify and
before any Justice of the Peace within the County, to the affirm as to
Effect that the said Account has been truly and faithfully their Coirect-
taken by him (or them), and that to the best of his (or their) ^Ji'tothV"
Knowledge the same is correct, so far as may be known, and OflScerappoint-
shall deliver the same to such Officer of the said Police or •dtowceiTe
Constabulary Forces, or other Person as may be appointed by

the said Lord Lieutenant or other Chief Governor or Gover-
nors to receive the same, within each County, City, Town, or
Place; and such Officer or Person shall examine the same, and SuchOffleerto
cause any Defect or Inaccuracy which may be discovered *"^™Jl^*"*
therein to be supplied or corrected so far as may be possible, ^^ Q^^^f
and shall certify and transmit the same to the Office of the said Secretary.
Chief or Under Secretary, in such Manner and within such
Time as the said Lord Lieutenant or other Chief Governor
or Governors shall direct, and the same shall be digested and
reduced into Order under the Direction of the saia Chief or
Under Secretary, by such Persons as the said Lord Lieutenant
or other Chief Governor or Governors shall appoint for that
Purpose; and that an Abstract thereof shall be laid before An Abstract
both Houses of Parliament within Twelve Months after the ^J^^^*****
Day on which the said Account shall be taken, or (if Parlia- parliament,
ment be not then sitting) within the first Fourteen Days of the
Session next ensuing.

IX. And be it enacted, That every solemn Affirmation or Puniahment of
Declaration made or signed under the Authority of this Act ^^JJjJUji"^
shall be of the same Force and Effi^ct as if the Person making Affirmation or
such Affirmation or Declaration had taken an Oath in the usual Declaration.
Form ; so that if the Person making such Affirmation or Decla-
ration shall be convicted of having therein wilfully and falsely

affirmed or declared any Matter or Thing, he shcJl be subject
to the same Pains, Penalties, and Forfeitures to which Persons
convicted of wilful Perjury are subject.

X. And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed in this present Session of •™«"^*^**»
Parliament.

Qq 3

608

Cap. .01. Church Temporalities (Ireland). 3 & 4 Vict.

3&4W.4.C.S7.

4&5W.4.C.90.
6&7W.4.C.99.

The Conwot of
the Curate or
Officiatiog
Minister of
any suspended
Benefice shall
be good for cer-
tain Purposes.

The Valuation
made for the
Assessment of
the Tax under
S&4W.4. C.37.
shall be amend-
ed, and Relief
given in respect
of Arrears.

1 & 2 Vict
c. 109.

CAP. CI.

An Act to amend several Acts relating to the Tern-
* poralities of the Church in Ireland.

[10th August 1840.]

Tl/'HEREAS an Act was passed in the Session of Parlia-
ment holden in the Third and Fourth Years of the
Reign of His late Majesty, intituled An Act to alter and amend
the Latoe relating to the Temporalities of the Church in Ireland,
which Act was amended by Two Acts passed respectively in
the Sessions of Parliament holden in the Fourth and Fifth and
Sixth and Seventh Years of the same Reign : And whereas
it is expedient to amend the said Acts in certain respects :'
Be it therefore enacted by the Queen's most Excellent Ma-
jesty, by and with the Advice and Consent of the Lords Spiri-
tual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That in every
Case in which the Appointment, Presentation, or Collation
of a Clerk to any Benefice or Parish shall have been suspended,
pursuant to the said first-recited Act, and a Curate or other
Minister shall have been appointed to officiate within such
Benefice or Parish, the Consent of such Curate or Officiating
Minister shall, for all Purposes for which the Consent of the
Rector, Vicar, or Incumbent of such Benefice or Parish may
by Law be required, be as valid and effectual, during such Sus-
pension, as if such Curate or Officiating Minister were the
Rector, Vicar, or Incumbent of such Benefice or Parish.

II. ^ And whereas the said Ecclesiastical Commissioners for
Ireland did, pursuant to the Provisions of the herein-before
first-recited Act, cause a Valuation to be made of the Reve^
nues of the several Dignities and Benefices liable, under the
Provisions of the said Act, to the Payment of the Tax, Rate,
or Assessment in such Act mentioned, and did, according
to such Valuation, compute and impose such Tax, Rate,
or Assessment on the several Dignities and Benefices respec*
tively liable thereto ; but, by reason of the Opposition to the
Payment of Tithes in Ireland^ it was in many Cases found
impossible to enforce Payment of the same ; and the said
Commissioners have, in the Exercise of the Discretion in
that Behalf vested in them by the said Act, extended the
Time for the Payment thereof: And whereas by an Act
passed in the Session of Parliament holden in the First and
Second Years of the Reign of Her present Majesty, intituled
An Act^ to abolish Compositions for Tithes in Ireland, and to
substitute Rent-charges in lieu thereof the Right of all Persons
in and to all Tithes and Composition for Tithes theretofore
accrued, or at any Time thereafter to accrue due in Ireland^
wholly ceased and determined, with certain Exceptions in the
said Act mentioned ; and by the said Act a certain Fund

was appropriated to the Relief of the several Persons who,

0 < if

1840.

Church Temporalities (Ireland).

Cap. 101.

609

if the said Act had not been made, would have been en-
titled to Compositions for Tithes accrued due for certain
Years in the said Act mentioned, and further Provision was
made for the Payment to the Parties theretofore entitled to
certain Tithes and Composition for Tithes vested in Her
Majesty by the said Act of such Sums as should be paid or
recovered by Her Majesty's Attorney General for Ireland on
account thereof: And whereas it is reasonable that the Par-
ties whose Right to the Arrears of Titlie or Tithe Com-
position due to them has so ceased and determined should
be relieved from the Payment of the said Tax, in respect
of such Portion of the Revenues of their Benefices or Pro-
motions as by the Operation of the said Act may have been
lost to them, or shall not be hereafter paid to them, and
that for the Purpose of computing the Amount of Tax
justly payable by them the Valuation and Assessment of
their respective Dignities or Benefices heretofore made by
the said Elcclesiastical Commissioners shall be amended ;' be
t therefore enacted. That it shall and may be lawful for the said
Ecclesiastical Commissioners, when and as they shall think
necessary, to alter and amend the Valuation heretofore made
by them of the Revenues or Emoluments of all or any of such
Dignities or Benefices, under the Rank of Bishopricks, as were
or are now liable to the said Tax, Rate, or Assessment, or any
Arrears thereof, for any of the Years preceding the Year One
thousand eight hundred and thirty-eight; and in altering
or amending such Valuation the said Commissioners shall
have regard to and include all or any such Payments as may
or shall be made to any Dignitary or Incumbent pursuant to
the Provisions of the said recited Act of the First and Second
Years of Her present Majesty's Reign ; and they shall assess
and compute the Tax or Arrears thereof to which every such
Dignity or Benefice, under the Rank of a Bishoprick, was or
shall be deemed to be or have been liable for any Year, or Por-
tion of any Year, preceding the Year One thousand eight
hundred and thirty-eight, upon such altered or amended
Valuation, according to the several Rates or Scales specified
in the Schedule (A.) annexed to the said herein-before first-
recited Act, in like Manner as if such altered or amended
Valuation had been the Valuation of each such Dignity or
Benefice originally made, pursuant to the Provisions of the said
Act; and all Arrears of the said Tax, so assessed and com-
puted, if any, now remaining unpaid, shall and may be reco-
vered by all such Ways and Means as are in and by the
said Act provided for enforcing Payment of the said Tax,
Rate, or Assessment : Provided always, that it shall and may
be lawful for the said Ecclesiastical Commissioners, if they shall
so think fit, in any Case to direct the Payment of the whole
or any Portion of the Arrears of the said Tax, Rate, or As-
sessment, by Instalments, of such Amount, and to be paid at
such Times, and subject to such Conditions for securing the
Payment thereof, as they shall deem reasonable, but so never-

Q q 4 theless

610 Cap. 101. Oiurdi Temporalities {Ireland). 3&4ViCT.

tbeless that the whole shall be paid within live Years next
after the passing of this Act; provided further, that in any
Case where it shall appear to the said Commissioners that
any Party shall have paid on account of such Tax any Sum
with which he would not have been justly chargeable under
such amended Valuation, or any Sum greater than, under
such amended Valuation, he would liave been justly charge-
able with, the said Commissioners shall repay and refund to
such Party the Sum or Overplus so paid,
ki Cases of jfj^ ^^d be it enacted. That in all Cases in which Applica-

Cha^iB, Com- ^^^^ ^^^^ ^ made to the said Ecclesiastical Commissioners,
missioners to pursuant to the said recited Acts or any of them, to pay or
have a Diwre- apply any Sum or Sums of Money for or towards the rebuild-

tion as to con- . * * •' | •' . . . /. • ^, , --,, i

tributing to- ^^gi enlargmg, or repainng oi any Church or Chapel, now or
wards Repairs, which may be hereafter erected or appropriated and endowed
^^ by virtue of an Act passed in the Session of Parliament

holden in the Sixth and Seventh Years of the Reign of His
6&7W.4. csi. late Majesty, intituled An Act to amend a» Act of His late Ma-'
jesty King George the Second^ for the Encouragement of building
of Chapels of Ease "in Ireland, or for or towards the providing
of Things necessary for the Celebration of Divine Service in
any such Church or Chapel, or for or towards the Payment of
the Salaries for Maintenance of the Clerks or Sextons there-
of, the Person or Persons so making such Application shall
and he and they is and are hereby required to furnish to the
said Ecclesiastical Commissioners a Statement in Writing, in
such Form and for such Period, and verified in such Manner,
as the said Commissioners shall direct, of the annual or perio-*
dical Income belonging to or derived or produced by such
Church or Chapel, or received by the Minister or Ministers
thereof, whether the same shall arise from any Endowment
or Endowments, or from the Sale or Letting of Pews, or the
Amount of Collections made in such Church or Chapel, or
from any other Source or Sources whatsoever, and how such
Income has been theretofore applied, and is in future in-
tended to be applied ; and that it shall and may be lawful for
the said Commissioners, having regard to the Amount and
Application of such Income, to pay or contribute such Sum
or Sums as under or by virtue of the said recited Acts, or any
of them, they might or ought to have paid or contributed for
or towards the providing of Things necessary for the Cele-
bration of Divine Service in such Church or Chapel, as re-
quired and authorized by any Rubric or Canon in force in
England or Ireland, or for or towards Payment of the Salaries
for Maintenance of the Clerks or Sextons of such Church or
Chapel, or for or towards the rebuilding, enlarging, or repairing
of the same, or, at their Discretion, to withhold, in case of any
such Church or Chapel, the Payment of any Sum or Sums of
Money for or towards the several Objects and Purposes afore-
said, or any of them.
Fund to be IV. * And whereas it was by the herein-before recited Act

provided for i passed in the Sixth and Seventh Years of the Reign of His

2 < late

1840.

Church TempmraJHties (Ireland).

Cap. lOL

late Majesty, amongst other things, enacted, that upon any
Lands set apart for that Purpose as in the said reciting
Act mentioned it should and might be lawful to and for any
Person or Persons, Bodies Politic or Corporate, to erect and
build a Church or Chapel, or to appropriate as a Church or
Chapel any Building already erected on such Land, in which
the Liturgy and Rites of the United Church of England and
Ireland as by Law established was to be used and observed, who
should first settle and assure Lands, Tenements, or Heredita-
ments held in Fee Simple or for Lives with Covenant for
perpetual Renewal thereof, or for a Term of Ninety-nine
Years, of which Sixty Years at the least should be then
unexpired, free from Incumbrances, and of the clear yearly
Value of Fifty Pounds at the least, or Money in any of the
Government Funds amounting at the least to One thousand
two hundred and fifty Pounds, as a Provision or Maintenance
for^ Minister to officiate in such Church or Chapel, and bis
Successors for ever, as a perpetual Endowment of such
Church or Chapel : And whereas it is expedient that a Fund
shall be provided for the Repairs of every such Church or
Chapel in like Manner as is by Law required in respect
of Churches and Chapels built or appropriated under similar
Enactments in England;* be it therefore enacted, That, in
addition to the Endowment required to be made for the Sup-
port or Maintenance of the Minister and his Successors to
officiate in any Church or Chapel built or appropriated under
the Provisions of the said recited Act, it shall, from and after
the passing of this Act, be necessary also to provide a Fund
for the Repairs of the said Church or Chapel in manner
following; (namely,) one Sum equal in Amount to Three
Pounds upon every One hundred Pounds of the original Cost
of erecting and fitting up or of purchasing such Chapel or
Building, to be secured upon Lands or Money in the Funds
as aforesaid, and also a furtlier Sum to be reserved annually
out of the Pew Rents of the said Church or Chapel, after the
Rate of Three Pounds for every One hundred Pounds of the
Sum so to be provided as last aforesaid.

V. * And whereas it was by the herein-before recited Act

* of the Fourth and Fifth Years of the Reign of His late Ma-

< jesty, among other things, enacted, that where there shall not

* be any Vicar or Curate in any Parish which, or the Tithes

* or any Portions of the Tithes and Glebes whereof, may be

< appropriated or united to any Archbishoprick, Bishoprick,

* Deanery, Archdeaconry, Dignity, Prebend, or Canonry, it

< shall and may be lawful for the Lord Lieutenant of Ireland

* and the Privy Council there, if they shall so think fit, by
^ and with the Copsent and Approbation of the Archbishop,

< Bishop, Dean, Archdeacon, Dignitary, Prebendary, or Canon

< thereof, or whensoever such Archbishoprick, Bishoprick,

< Deanery, Archdeaconry, Dignity, Prebend, or Canonry shall

* be void, to disappropriate^ disunite, and divest such Parish,

* and all Tithes, Portions of Tithes, or Glebes thereunto

< belonging.

611

Repairs of
Church or
Chapel, in ad-
dition to that
set apart for
Support of
Minister.

4lc5W.4.e.90.
fc5. reeited and
in part repealed.

612

Cap. 101.

Church Temporalities (Irdand). 3 & 4 Vicr.

Duappro-
prUted Tithes,
4^c. shall be
carried to the
general Fund
of the EcclesL-
astical Com-
miarioners, but
charged with a
Sum not ex-
ceeding IfOOOL
per Annum for
Augmentation
of small Liv-
ings.

4&5W.4.C.90.
a. 7. recited
and repealed*

^ beloogingt from and out of such Archbishoprick, Bishop-
' rick, Deanery, Archdeaconry, Dignity, Prebend, or Canonry,
^ and, if they shall so think fit, to order and direct that such

* Tithes or Portions of Tithes, or Glebes, so disunited, shall

< from thenceforward be united and annexed to any neigh-

* bouring Rectory, Vicarage, or Perpetual Curacy, as in the

< said Act after mentioned, or shall be and become for ever a
' separate Benefice and Parish : And whereas it is expedient
' to repeal Part of the said recited Enactment, and to make

< other Provisions in lieu thereof;' be it therefore enacted.
That so much of the said recited Enactment as empowers
the said Lord Lieutenant and Council to unite and annex any
Parish, Tithes or Portions of Tithes, or Glebes, so disunited,
to any neighbouring Rectory, Vicarage, or Perpetual Curacy,
shall be and the same is hereby repealed.

VI. And be it enacted, That in lieu of uniting and annex-
ing any Parish, Tithes or Portions of Tithes, or Glebes, so dis«
united, to any neighbouring Rectory, Vicarage, or Perpetual
Curacy, it shall be lawful for such Lord Lieutenant and Coun-
cil, if they shall not think fit to erect the same into a separate
Benefice or Parish, to order and direct that such Parish, Tithes,
or Portions of Tithes, or Glebes, so disunited, shall be trans-
ferred to the said Ecclesiastical Commissioners, and the Right
and Interest in and to the same, and all Arrears thereof, shall
thereupon vest in the said Commissioners, and be by them car-
ried to the general Fund under their Administration, after
making thereout such Provision, if needed, for the due Perfor-
mance of the occasional Duties of such Parish or Place,* as the
said Commissioners may think fit : Provided nevertheless, that
it shall and may be lawful for the said Commissioners, from
and out of the Monies hereafter accruing to the said Fund by
the Means aforesaid, and in preference to any other Purposes
to which the said Fund may be by Law now primarily appli-
cable, to appropriate such Sum or Sums as they may think fit,
not exceeding One thousand Pounds in any One Year, to the
like Purposes and Uses as the Monies be<{ueathed by Doctor
Huffh Boulter and Doctor Richard Robinson^ formerly Arch-
bishops of Armagh^ and now vested in the said Commissioners,
are by Law applicable.

VII. ^ And whereas the said last-recited Act contains a
^ further Enactment, which it is expedient, with regard to the
' Provisions herein-before made, shall also be repealed;' be it
therefore enacted. That the Enactment of the said recited Act of
the Third and Fourth Years of His late Majesty's Reign herein-
after following shall be and the same is hereby repealed ; (that
is to say,) so much of the said recited Act as enacts, that in
any Case in which the said Lord Lieutenan( and Council shall
have Power and. Authority under the Provisions of the said
recited Act, or under the Provisions of the said Act of the
Fourth and Fifth Years of the same Reign, and shall think
fit, to disappr(^riate, disunite, and divest any Rectory, Vicar*
age, Tithes or Portion of Tithes, and Glebes or Part or Parts

thereof.

1840. Oiurch Temporalities (Ireland). Cap. 101. 613

thereof from and out of any Archbishoprick, Bishoprick,
Deanery, Archdeaconry, Dignity, Prebend, or Canonry, it shall
and may be lawful for such Lord Lieutenant and Council, if
they shall so think fit, to unite and annex to any adjoining or
neighbouring Rectory, Vicarage, or Perpetual Curacy as afore-
said, such Rectory, Vicarage, Tithes or Glebes, or any Part or
Parts or Portions thereof respectively, so disappropriated, dis-
united, or divested as aforesaid, together with the actual Cure
of Souls within such Rectory or Vicarage, or such Part or
Parts thereof so united or annexed respectively, or within such
Place or Places respectively, whereof the Tithes or Glebes
shall be so united and annexed.

VIII. * And whereas it was by the herein-before recited Act i & s Vict.

* of the First and Second Years of the Reign of Her present «• ^^' ■• ^^•

* Majesty, among other things, provided, that in every Case in

< which no Applotment of a Composition for Tithes had been

< hitherto made^ pursuant to the Provisions of the several Acts

* for establishing such Compositions therein referred to, it
' should be lani'ful for any Person or Persons in any Parish who

* would have been, in case such Act had not been made, in-

* dividnally or collectively liable to the Payment of more than

* One Fourth Part of the Amount of the whole Composition
^ established in and for such Parish, to apply for the making of

* such Applotment to the Lord Lieutenant or the Chief Go-

* vernor or Governors of Ireland in Council, and that such Ap-

* plication should be made by Memorial to be lodged with the
' Clerk of the Council before the First Day of October then next,
^ and notified by public Advertisement, and otherwise, as in

* the said Act mentioned : And whereas it is expedient to make

< further Provision for the Applotment of such Compositions in

< Parishes in which no such Appl6tment has been made, under

< the said Acts or any of them ;' be it enacted. That in any Case In any Cue
in which no Applotment of the said Composition for Tithes ^^^^ °° ^P"
shall have been hitherto made, it shall be lawful for any Person xuhelcomposi-
or Persons in any Parish who would have been, in case the said tion has been
Act bad not been made, entitled to the Receipt of the Com- n»de, any Per-
position established in and for such Parish or any Portion ^ve^b^ren-
thereof, or for any Person or Persons in any Parish who shall titled to the
be individually or collectively liable to the Payment of more ^^^ ?f
than One Fourth of the whole Amount of the Rent-charges Pay^^t of
charged under the Provisions of the said recited Act upon the such Composi-
Lands theretofore subject to the Payment of the said Composi- *«o^™*y w'y
tions for Tithes in such Parish, to apply to the said Lord ApploLient
Lieutenant in Council for the making of such Applotment; made.

and that such Application shall be made by Memorial to be
lodged, at any Time before the First Day of October now next,
with the Clerk of the said Council ; and Notice of every such
Memorial, shall be posted at the Door of every Church and
Chapel within such Parish, and at the usual Place or Places
of posting Grand Jury Notices in the Barony or Half Barony,
Baronies or Half Baronies, in which the Parish to which such
Memorial may refer is situated; and shall be once published in

some

614

Persons liable
to Tithe or
Tithe Rent-
charge may
oppose the Ap-
plication for an
Applotment by
a counter
MemoriaL

Proceedings
thereon re-
spectively.

Lord Lieute-
nant and Coun-
cil empowered,
at their Dis-
cretion, to cause
such Applot*
ment to be
made.

The Ezpence
to be defrayed
by Grand Jury
Presentment.

Cap. 101. Ckurch Temporalities (Ireland). 3 & 4 Vict.

some Newspaper circuladog within such Parish; such Posting
and Publication to be maae by the Memorialist within Ten
Days after such Memorial shall be so lodged as aforesaid.

IX. And be it enacted, That it shall be lawful for any Per-
son or Persons, liable to the Payment of any Rent-charge in
such Parish under the . said recited Act, to apply by counter
Memorial to the. Lord Lieutenant in Council to be heard in op-
position to such Memorial, such counter Memorial to be lodged
with the Clerk of the Council within Twenty Days after such
Notice shall have been published as aforesaid, or within such
further Time as such Lord Lieutenant in Council shall order;
and it shall be lawful for the Lord Lieutenant in Council to
examine into the Merits of any such Memorial or counter Me-
morial, and for that Purpose to receive such Evidence on Oath
and otherwise as to him shall seem meet, and to make such
Order, whether for dismissing such Memorial, or for directing
an Applotment to be made, or respecting the Manner in which
such Applotment shall be made, or respecting the Omission
therefrom of any Lands which may appear to be Tithe-free, or
otherwise, as to the said Lord Lieutenant in Council shall seem
meet ; and it shall be lawful for the said Lord Lieutenant and
Council, for the better informing them upon any Matter relat-
ing to the Subject of the Prayer of such Memorial or counter
Memorial, to direct any such Matter to be inquired into before
the Judge or Judges of Assize for the County in which such
Parish shall be situate, with or without a Jury, as the Lord
Lieutenant and Council shall order, and such Judge or Judges
shall so inquire accordingly, and shall receive Evidence on such
Inquiry, as in Cases of Trials by Nisi Prius, and shall certify
the Result of such Inquiry to the Lord Lieutenant in Council.

X. And be it enacted. That in every such Case it shall and
may be lawful for the said Lord Lieutenant in Council, if he
shsdl so think fit, to appoint One or more skilful Person or Per-
sons to make such Applotment, who shall therein (subject to any
Order or Orders of the Lord Lieutenant in Council made under
this Act) have and exercise the like Powers, Privileges, and
Autliorities, and observe, as far as may be, the like Regulations,
as are given and directed to be observed by the said Acts for
establishing Compositions oF Tithes ; and the said Lord Lieu-
tenant shall cause to be paid to the Person or Persons employed
for the Purposes aforesaid such Remuneration as he shall think
reasonable, and the Expences thereof shall be repaid by Grand
Jury Presentment on or off the Parish in which such Expences
shall have been incurred ; and a Certificate of the Amount so
expended in respect of each such Parish shall be transmitted,
under the Hand of the Paymaster of Civil Services in IreJwndj
to the Treasurer of the County in which such Parish may be
situate, and such Treasurer shall insert the Sum specified in such
Certificate in his Warrant for the Collection of the Money to
be raised and levied off such Parish by Presentment of the
Grand Jury at the Assizes next succeeding, and such Sum
shall be applotted (if need be by a separate Applotment) and

raised

1840. Cliurch Temporalities {Ireland). Cap. 101, 102. 615

raised and levied off the Lands liable to Rent- charge in such
Parish, in like Manner, and by the like Ways and Means, as if
such Sum had been presented by the said Grand Jury at such
Assizes to be levied off such Lands, and shall be paid over by
the said Treasurer, when and as by him received, to such Bank
or Person, and in such Manner, as the Commissioners of Her
Majesty's Treasury, or any Three or more of them, shall direct.

XL And be it enacted. That every such Applotment made Applotment to
under the Authority of this Act shall be subject to such Appeal, ^ "u^^ect to
Alteration, and Amendment, and shall be as good, valid^ and ^^ '
effectual as any Applotment made under the Authority of the
said Acts for establishing Compositions for Tithes in Ireland^ or
any of them : Provided nevertheless, that it shall be lawful Lord Lieute-
for the said Lord Lieutenant or other Chief Governor or Govei** "a^l^ji^dSl^"
nors in Council to fix and declare the Time from which each fro^ what
such Applotment to be made under the Authority of this Act Time such new
shall take effect, or to which the same shall relate, and to ^^^^^eSct.
make such Orders and Regulations in each such Case, and
from Time to Time to rescind or vary the same, as to him and
them shall seem just and necessary ; and all such Orders and
Regulations shall be good, valid, and effectual as if the same
had been inserted in this Act; and the Enactments herein
made in respect of the Applotments to be made under the Au-
thority of this Act shall be construed together with the said
recited Act of the First and Second Years of Her Majesty's
Reign, and as Part thereof, to all Intents and Purposes.

XXL And be it enacted, That in the Construction of this Conrtructkm
Act the Words "Lord Lieutenant*' shall be construed to ^^^^
mecui the Lord Lieutenant, Lords Justiceis, or other Chief
Grovernor or Governors of Ireland,

XIII. And be it enacted. That this Act may be amended or Act may be
repealed by any Act to be passed in the present Session of •™«»^«*» *««•
Parliament.

CAP. GIL

An Act to amend the Law relating to Court Houses in
Ireland. [10th August 1840.]

ll/'HEREAS there are in Parts oi Ireland Court Houses s6
^^ situated as to be capable of being used with Advantage
for the Purposes of the County adjoining to that in which they
have been erected, and others may be so built hereafter; and
it is expedient to permit such Use thereof :V Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
the Authority of the same. That it shall be lawful to and for Lord Ljeute-
the Lord Lieutenant or other Chief Governor or Governors of ^'^^'^^^ ^**'
Ireland^ by and with the Advice of the Privy Council, to order c^cil,m^
or direct that the Court of Quarter Sessions, Civil Bill Court, direct that cer-

Court ^*" Courts may

616 Cap. 102. Court Houses (Ireland). 3 & 4 Vict.

tranflKt Busi* Court for Registration of Votes, or other Court to be holden before
Hmiwof ad- ^^7 Justices of the Peace or Assistant Barrister for any County
joining County, in Ireland^ shall hold its Sittings, and do and transact all the

Business, Civil and Criminal, ofsuch Court, in any Court House
situate in a County adjoining to the County for which such Court
may be so holden, and not distant more than One Mile from
the common Boundary thereof; and such Court shall thereupon
have Power to use such Court House for all or any of the
Purposes aforesaid, and to cause to come and call before it
therein all Sherifis, Gaolers, Clerks of the Crown and Peace,
and other Officers and Ministers of Justice of or belonging to
the County, for which such Court may be holden; and all
Jurors, Witnesses, Parties, and Persons shall be bound to attend
such Court at such Court House; and any Prisoners com-
mitted or remanded by such Court, or attending such Court
for Trial, may be lawfully confined, under the Order of such
Court, or for the Space of Twenty-four Hours previously to
its Sitting, in any Prison or Place of Confinement at a con-
venient Distance from such Court House in the County in
which such Court House is situate, although such Court shall be
then held or such Sitting as aforesaid shall be had for the adjoin-
ing County ; and that all Matters and Things whatsoever done
by such Court in such Court House under the Authority of
this Act shall be valid and effectual in the Law to all Intents
and Purposes whatsoever as if the same were done and trans-
acted in some Court House situate within the County to which
the same may relate ; and all Sherifis and other Persons having
the Custody or Charge of any such Court House shall, at all
Times when required, permit the Use thereof for the Purposes
of this Act.
Lord Lieute- H. And be it enacted. That it shall be lawful for the Lord

nant may direct Lieutenant or other Chief Governor or Governors of Ireland^
or hSd yearly ^^ *^^ ^y ^^7 Ord^^ made under the Power herein-before given,
Sum shall be or by any supplementary Order, to direct that such annual or
paid for the half-yearly Sum as to him or them shall seem fit shall be paid.
Court House ^^ consideration of the Use of any such Court House as aibre-
by the County, said, by the County, Riding, or Division, County of a City,
dSu^iL^S! '* County of a Town, or Town and Liberties, for which the Use

thereof shall be permitted under this Act; and the Grand

Jury of such County shall and they are hereby required to

present the same, to be levied off such County, and to be paid

to or to the Credit of the Treasurer of the County in which

such Court House shall be situate in aid of the Presentments

made or to be made by the Grand Jury of that County for the

Support of such Court House, and the Payment of the Persons

employed to take charge thereof; and every such Presentment

shall be made without any previous Application to Presentment

Sessions in the County in which the Court House shall not be

situate.

Upon the Ap. m. And be it enacted, That it shall be lawful for the Lord

wm^^Gnnd Lieutenant or other Chief Governor or Governors of Ireland^

Juries, Lord upou Application from the Grand Juries of any Two or more

Couniies

1840. Court Houset (Ireland). Cap. 102. 617

Counties in Irekmd, to order and direct that such Counties Lieutenant may
may and shall unite in and for the building and providing of ^^^ ^^ ^
One common Sessions Court House for such Two or more the building of
Counties at any Place not distant more than One Mile from a common
the common Boundary thereof, and to fix in what Proportions ^"'^ House,
the Expences of such Building, and of the Repairs and future
Maintenance thereof, and of the Salaries of the Keepers thereof,
shall be borne by each such County, and the same shall be
presented for, erected, and maintained accordingly, as by Law
is now or hereafter may be provided for the building and Main-
tenance of Court Houses in Ireland; and every such Court
House, when so erected, shall be a legal Court House of and
for each of such Counties, and for such Riding or Division
of any such County, as the Lord Lieutenant or other Chief
Governor or Governors o£ Ireland, by and with the Advice of the
Privy Council, may direct, for all Purposes for which any Court
may be holden for such County, Riding, or Division.

IV. And be it enacted, That whenever and during the Time Such Court
that any Court of Quarter Sessions Court, or other Court as House shall be
aforesaid, for any County, shall be held in any Court House ^^^ ^^
under the Authority of this Act, such Court House shall be County, &g. for
construed and taken for all Purposes connected with such. Court which the Coutt
or with any Business or Proceeding therein, to be situate *
within the County for which, or for any Riding or Division of

which, such Court shall be held for the Time being, and to be
Part and Parcel thereof-

V. And be it enacted. That the Removal of any Prisoner Removal of

to or from any such Court House as aforesaid, by the Sheriff, Pnsonew not to
Gaoler, or other OflScer having charge of such Prisoner, out £gg^ *"
of the County to which such Sheriff, Gaoler, or other Officer
may belong, shall not be deemed in Law tQ be an Escape of
such Prisoner.

VI. And be it enacted. That in the Construction of this Interpretation
Act the Word *^ County '* shall be construed to include in its Clause.
Meaning County of a City, County of a Town, Town and Li-
berties, and Riding or Division of a County ; and that whenevei

in this Act Words are used importing the Singular Numbei
or the Masculine Gender only, it shall be understood to include
several Matters as well as one Matter, and several Persons as
well as one Person, and Females as well as Males; unless it be
otherwise specially provided, or there be something in the Sub-
ject or Context repugnant to such Construction.

VIL And be it enacted, That this Act shall extend only tc limit of Act
Ireland^

VHL And be it enacted, That this Act may be amended or Act may be
repealed by any Act to be passed in this present Session of •™««**^ *«•
Parliament.

618

Cap.ioa

Dublin Police.

3&4VICT.

a

ry/^o.J^

2&3Victc.78.

CAR cm.

An Act to amend an Act of the last Session for
making further Provisions relating to the Police in
the District of Dublin Metropolis.

[10th August 1840.]

Tl/^HEREAS by an Act passed in the Session of Farlia-
^^ ment holden in the Second and Third Years of the
Reign of Her present Majesty Queen Victoria^ intituled An
Act to make further Provision relating to the Police in the Dis^
trictofiy\i\A\n Metropolis^ Provision was made, " that it should
be lawful for the Lord Lieutenant or other Chief Governor
or Governors of Ireland for the Time being from Time to
Time, by tlie Advice of Her Majesty's Privy Council for /re-
landj to order that any Parish, or Place or Places, in the
County of Dublin^ or County of the City of Dublin^ of which
any Part should be on the South Side of that Portion of the
River Anna Liffey which is Eastward of Her Majesty's Casde
of Dublin^ or on the South Side of the Bay or Harbour of
Dublin^ and should be within Eight Miles of Her Majesty's
said Castle oi Dublin^ and within Four Miles of the said River
or Bay or Harbour, should, after a certain Day to be named
in such Order, be added, to and form Part of the said Metro-
politan Police District, and thereupon, and by force of such
Order, such Parish, or Place or Places, should be and become,
to all Intents and Purposes, Part of such Police District, as if
the same had been originally included in such District by
virtue of the said Act :" And whereas the said Lord Lieutenant,
by and with the Advice of the said Privy Council, did by an
Order in Council order that certain Parishes and Places within
the Limits aforesaid should be added to and form Part of
the said Metropolitan District: And whereas by virtue of
the several Acts in force relating to the said Police District
of Dublin Metropolis, the Lord Lieutenant or other Chief
Governor of Ireland for the Time being ' is empowered to
divide the said Police District into Divisions, and to estab-
lish Public Offices therein. One in each Division: And
whereas it is expedient, in consequence of the Extension of
the Police District of Dublin Metropolis as aforesaid, and in
case the same should hereafter be further extended, to au-
thorize the Establishment of more than One Public Office
in some of the Divisions of the said District:' Be it there-
fore enacted by the Queen's most Excellent Majesty, by and
urith. the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
Lord lieuto- <^nd by the Authority of the same. That notwithstanding any
nuu empowered tking contained in the said recited Acts, or any of them, it
^^f^^ skall and may be lawful for the Lord Lieutenant or other Chief
for the Admi. Govemor or Governors of Ireland for the Time being, by and
nistradon of vwth the Advice of Her Majesty's Privy Council in Ireland^ to

establish,

*840. Dublin Police. Cap. 103. 619

establish, in any One or more of the Divisions of the said Dis- Ju»t>«j within
trict, such Number of PuWic Offices as shall to the said Lord hJ""""? ^^
Lieutenant or other Chief Governor or Governors, by and with Jr^^
tbe Advice and Consent aforesaid, appear necessary, and from Number of
Time to Time to alter the Number of such Public Offices, ^^o'»iJ»»-
and to discontinue or alter the Situation of the same, as Occasion "**"
may require ; and it shall be lawful to and for such Lord Lieu-
tenant or other Chief Governor or Governors to direct the
Attendance at such additional Office or Offices of the Justices
of the Division, or any of them, or of any of the other Justices
appointed under the said Acts, and to make from Time to
Time such Regulations in respect of the Attendance thereat of
any of such Justices, and of any other Officers belonging to
any of the Police Offices established under the said Acts, and
for conducting the Business of the said additional Office or
Offices, as may be deemed expedient; and all and every Divi-
sional Justices and Justice attending at every new or additional
Public Office to be established in any Division under the Au-
Aority of this Act shall have and exercise all Rights, Powers,
Privileges, Jurisdictions, and Authorities at such Public Office
as last aforesaid, and be subject to the like Direction and
Control, as he or they could or might by Law exercise or
may be subject to at any Divisional Office now established
or to be established within the said District : Provided always,
that nothing herein contained shall be deemed or taken to
authorize the increasing the Number of Divisional Justices
within the said Police District of Dublin Metropolis beyond
the Number now allowed by Law for the said District

XL * And whereas by several Acts Power is given to a Justice DiTiaional Jm-

* or Justices of the Peace of or for the County where certain ?<^" ^^'^""^

* Cases shall arise or Offences be committed, to hear and de- IL c^unl^JJ'

* terminer in a summary Way, such Cases, and to make Orders Dublin included

* and award Penalties and otherwise to adjudicate therein : ^^^ ^f, . .

* And whereas the Police District of Dublin Metropolis extends ifj^riidMon

* over Part of the County of Dublin^ and it is expedient that of County Jua-

* the Magistrates of the said Police District should be em- ^«"J° ^^«^"

* powered to exercise such summary Jurisdiction as aforesaid,

* in all Casfes arising within such Parts of the County of
< Dublin as are within the said District of Dublin Metro-

* polls:' be it therefore enacted. That the several Divisional
Justices of the said Police District of Dublin Metropolis shall
be deemed to be Justices of the Peace of and for the County
of Dublin, for the Purpose of hearing and determining, in a
summaiy Way, all Cases arising within such Part or Parts of
the County of Dublin as is or are or shall be within the
present or any future Limits assigned or to be assigned for the
said Police District, pursuant to any Act of Parliament made
or to be made for that Purpose; and shall from and after
the passing of this Act be competent to make Orders and
otherwise adjudicate in all such Cases as aforesaid as fully and
effectually and in like Manner as if they and each of diem

[No. 40. Price 2d.] R r derived

620

Act may be
ameDdcd, &c.

Cap. lOdy 104. Shrewsbury and Holyhead Road. 3 & 4 Vicr.

derived their and his Authority from a Commission of tlie
Peace for the said County.

III. And be it enacted, That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

SSG. s. c 15S.

59 G. 3. cSO.

59 G. 3. e.48.

CAP. CIV.

*

An Act to transfer to the Commissioners of Her Ma-
jesty's Woods and- Works, and other Commissioners,
the several Powers now vested in the Commissioners
for repairing the Line of Road from Shrewsbury
in the County of Salop to Bangor Ferry in the
County of Carnarvon ; and to amend the London
and Holyhead Roads Acts so far as relates to the
Dunstable Road. [10th August 1840.]

ly HERE AS an Act was passed in the Fifty-fifth Year of
the Reign of His late Majesty King George the Thirds
intituled An Act for grasiting to His Majesty the Sum of Twenty
thousand Pounds^ to be issued and applied towards repairing
Beads between London and Holyhead by Chester, and between
London and Bangor by Shrewsbury : And whereas an Act was
passed in the Fifty-ninth Year of the Reign of His late Ma*
jesty King George the Third, intituled An Act for vesting in
Commissioners the Line ofSoadJrom Shrewsbury in the County
of Salop to Bangor Ferry in the County of Carnarvon ; and
for discharging the Trustees under several Acts of the Seventeenth^
Twenty^eighthf Thirty-sixthf Forty^rst^ Forty-^econdj Forty*
seventh^ cmd Fiftieth Years of His present Majesty from the
future Fiepair and Maintenance thereof ; and far altering and
repealing so much of the said Acts as affects ihe said Line of
Roadf by which said Act certain Commissioners were ap-
pointed for amending, improving, and keeping in riepair the
said Line of Road from Shrewsbwy to Bangor Ferry^ and for
otherwise carrying the Powers of the said Act into execution :
And whereas an Act was passed in the said Fifty-ninth Year
of the Reiffn of His said late Majesty King George the Third,
intituled An Act to amend an Act passed in the Fijiy-Jifth Year
of His present Mcgesty^ for granting to His Mcgesty the Smn of
Twenty thousand Pounds towards repairing Moods between^hou"
don md Holyhead by Chester, and between London and Bangor
by Shrewsbury ; and fir giving additional Powers to the Com'*
missioners therein named to build a Bridge over the Menai
Straits, and to make a new Road from Bangor Ferry to Holy*
head in the County o/* Anglesea : And whereas the new Road
from Bangor Ferry to HolyJiead, authorized and directed to be
made by the last-mentioned Act, was, soon after the passing
the said Act, made and completed, and, in pursuance of the
Directions therein contained, the said Road wasy on its

* being

1840. ShrewAwy and Jlolyhead Road. Cap. 104. 621

being completed, transferred to and given up by the Com-
missioners therein named to the Commissioners appointed by
the said first-recited Act of the Fifty-ninth Year of the Reign
of His late Majesty King George the Third, and the same is
now vested in the £aid last-mentioned Commissioners, and is
repaired and maintained by them, under the Powers and
Provisions of the said last-mentioned Act, which are made
applicable thereto by the said last before-recited Act, and
under the Powers and Provisions of the Act herein-after
recited : And whereas an Act was passed in the Fifth and
Sixth Years of the Reign of His late Majesty King WUliam
the Fourth, intituled An Act to. amend asiui alter an Act of the 5&6W.4.C.21.
Fifiy^nxnih Year of His late Myesty King George the Thirds
fir vesting in Commissioners the Line ofBoadfrom Shrewsbury
til the County of Salop to Bangor Ferry in the County of
Carnarvon ; ana fir discharging Oie Trustees under several Acts
of the Seventeenth^ TSoenty-eighthy Thirty-sixth^ Fortyfirsti Forty^
seoondj Forty-seventhj cmd Fiftieth Years of His then present
Majesty from the future Repair and Maintenance therecf; and
for repealing so much of the said Acts as affects the said Line
of Road : And whereas large Sums of Money have been from
Time to Time granted by Parliament for the new making
and improving of that Part of the Road from Shrewsbury to
Holyhead which lies between Gobowen in the County of Salop
and Hofyheadf and the same have been applied and expended,
under the Superintendence of the Commissioners appointed in
and by the said recited Act of the Fifty-fifth Year of the
Reign of His late Majesty King George the Third, in car-
rying such Improvements into effect : And whereas it is of
great public Importance, in consequence of the large Sums of
Money which have been so applied and expended in the new
making and improving the said Road as aforesaid, that such
Road should be preserved, maintained, and kept in a proper
and efficient State of Repair ; and in order the more effectually
to preserve and keep the same in such Repair and Condition it
is expedient that the same should be placed under the Super-
intendence of one of the Public Departments of the State,
and for that Purpose that the several Powers and Autho- *
rities given by the said several Acts herein- before recited
to the Commissioners appointed under or by virtue of the
saidjirst-recited Act of the Fifty-ninth Year of the Reign of
His late Majesty King George the Third should be transferred
to the Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings, and such other Person or
Persons as are herein-after mentioned:' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
the Authority of the same, That from and after the First Day Powers of Com.
of September One thousand eight hundred and forty the Com- naiM»one«
missioners appointed in and by the said first-recited Act of 590^3. 5,30,
the Fifty-ninth Year of the Reign of His late Majesty King to

R r 2 George

622

Appointment of
new Commis-

sioners.

Appointment of
new Commis-
tionen in Cases
of Death, Re-
signation, &c.

Powers of
former Acts
Tested in Com-
misttoners.

Meetings of
Commissioners;

Cap. 104. Shrewsbury and Holyhead Road. 3 8c 4 Vict.

George the Third shall be discharged from and shall cease to
carry into execution all or any of the Trusts and Powers vested
in them by the said several herein-before recited Acts or any of
them.

II. And be it enacted, That the Commissioners for the
Time being of Her Majesty's Woods, Forests, Land Revenues,
Works, and Buildings, the Right Honourable Sir Henry PameU
Baronet, the Honourable Edward Mostyn Uoyd Mostyn^ the
Honourable Thomas Kenyan^ and Richard Watkin Price of
Rhiwlas in the County of Merioneth^ Esquire, shall be Com-
missioners for carrying into execution the Powers and Pro-
visions vested in the said Commissioners appointed in and by
the said first-recited Act of the Fifty-ninth Year of the Reign
of His late Majesty King George the Third by the several
herein-before recited Acts, or any of them, and the several
Powers and Provisions of this Act.

III. And be it enacted. That in case of any Vacancy by
Death or Resignation of any or either of them the said Sir
Henry Pamett^ Edward Mostyn Uoyd Mostyn^ Thothas Kenyon^
or Richard Watkin Price^ or of any future Commissioner or
Commissioners to be appointed under the Authority of this
Act, it shall and may be lawful for the Lord High Treasurer
or the Commissioners of Her Majesty's Treasury of the United
Kingdom of Great Britain and Ireland for the Time being, or
any Three or more of them, and ihey are hereby empowered,
from Time to Time, by Writing under their Hands, to nomi-
iiate and appoint any Person or Persons they may think proper
to supply such Vacancy or Vacancies; and every Person so
nominated and appointed shall have and possess and is hereby
declared to be invested with the same and the like Powers
and Authorities for the Execution of this Act as the Commis-
sioner in whose Room such Person shall be nominated and
appointed.

IV. And be it enacted. That it shall and may be lawful
for the Commissioners for the Execution of this Act, and they
are hereby authorized, empowered, and required, to exercise
and carry into effect all the Powers, Authorities, Clauses,
Enactments, and Provisions contained in the said several
herein-before recited Acts, either expressly, or by reference to
any other Act or Acts, as fully, amply, and effiectually as the
same could have been carried into effect and exercised by
the Commissioners appointed by the said first-recited Act of
the Fifty-ninth Year of the Reign of His late Majesty as
aforesaid, or as if the Commissioners for the Execution of
this Act had been named in the last-mentioned Act instead
of the Commissioners thereby appointed.

V. And be it enacted, I'hat the Powers and Provisions of
this Act shall be executed by the Commissioners for the
Execution of this Act at Meetings to be held as herein-
after mentioned, and that at any such Meeting it shall be
sufficient if Two Commissioners shall be present, but no Act
shall be done at any Meeting unless the Commissioners of Her

9 Majesty's

1840. Shrmtbury and Hofyhead Road. Cap. 104. 623

Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings for the Time being, or One of them, shall be present ;
and for the Purpose of executing the Powers and Provisions of
this Act the said Commissioners for the Execution of this Act
shall and they are hereby required to meet from Time to
Time at such Times and Places as shall be expedient

VI. And be it enacted, That the several Officers appointed Officers undef
by the Commissioners named in the said first-recited Act of fo"«^« ^^^
the Fifty-ninth Year of the Reign of His said late Majesty ^oyel
King George the Third shall continue to act for the Purposes

of this Act until they shall be removed by the Commissioners
for the Execution of tliis Act ; and such several Officers shall
account to the said Commissioners for the Execution of this
Act in the same Manner as they would have done if they had
been appointed by such last-mentioned Commissioners.

VII. And be it enacted, That when and so soon as the Ac- Aecounts of
counts to be from Time to Time rendered by such several last- ^£*exam^ed
mentioned Officers, or any of them, under the Provisions of the by Commis-
said first-recited Act of the Fifty-ninth Year of the Reign of «onen of
His late Majesty King George the Third, shall be received ^°^*<^
by the Commissioners for the Execution of this Act, such
Accounts, with the proper Vouchers for all the Monies there-
in mentioned to have been received, paid, and disbursed, shall

be transmitted by the said last-mentioned Commissioners to the
Commissioners for the Time being of Her Majesty's Woods,
Forests, Land Revenues, Works, and Buildings; and such
last-mentioned Commissioners are hereby authorized and re-
quired to cause every such Account to be examined, tried,
and audited by the Commissioners for auditing ^the Public
Accounts, pursuant to the Provisions of an Act passed in the
Twenty-fifth Year of the Reign of His late Majesty King
George the Third, intituled An Act for the better examining and 856.3. c.52.
auditing the Public Accounts of the Kingdom : Provided always,
that it shall be lawful for the Commissioners for the Time being
of Her Majesty's Woods, Forests, Liand Revenues, Works, and
Buildings to authorize and empower the Commissioners for the
Execution of this Act to retain from Time to Time such Sum
or Sums of Money as shall or may be received by them or to
their Use on account of Tolls, and which may from Time to
Time be necessary to pay the Wages due to the Inspectors
and Labourers employed on the said Road, and also to pay
for any Work or Materials which from Time to Time shall or
may be done or furnished by Contract for the Repair of the said
Road.

VII I. And be it enacted. That the several Roads and J^J^j^^j^,
Bridges, and all Turnpikes, Tolls, Toll Houses, Gates, Weigh- ^^issionem
ing Machines, and all Lands, Houses, Quarries, and Gravel under this Aet.
Pits, or other Hereditaments, Properties, Rights, and Privileges
whatsoever, now vested in the Commissioners appointed by the
said first-recited Act of the Fifty-ninth Year of the Reign of
His late Majesty King George the Third under or by virtue of

R r 3 the

624

Cap. 104.

Shrewsbury and Holyhead Road. 3 & 4 Vicr.

Securities for
Loans borrow-
ed under former
Acts not to be
prejudiced by
this Act ; and
Jjeases and
ContractB to
continue valid.

the said several herein«>before recited Acts, or any of them,
shall, from and after the said First Day of September One
thousand eight hundred and fdrty, be and become and shall
remain vested in the Commissioners for the Time being for the
Execution of this Act; and all Materials, Tools, Barrows,
Furniture, and other Things which now belong to the Com-
missioners for the Execution of the said several herein-before
recited Acts shall from henceforth belong to and shall be and
become the Property of the Commissioners for the Execution of
this Act

IX. And be it enacted. That all Loans or Sums of Money
which have been borrowed or raised, or which may be now
due and owing, by the Commissioners appointed by the said
first-recked Act of the Fifty*ninth Year of the Reign of His
said late Majesty King George the Third as aforesaid^ under or
by virtue of the Provisions of the herein-before recited Acts,
or any of them, and all Interest due and to grow due thereon
respectively, shall be paid and discharged by the Commissioners
for the Execution of this Act, as fully and effectually to all
Intents and Purposes as if such Monies had l)ecome due and
owing from the said last-mentioned Commissioners; and all
and every Person and Persons who may owe or be subject or
liable to the Payment of any Sum or Sums of Money to the
said Commissioners appointed under or by virtue of the said
first-recited Act of the Fifty-ninth Year of the Reign of His
said late Majesty as aforesaid, or to any Person or Persons
for the Benefit of the said Commissioners, shall be liable to
the Payment of all such Sum and Sums of Monev to the
Commissioners for the Execution of this Act; and all Leases,
Deeds, Bonds, Covenants, Agreements, Contracts, and Se-
curities entered into by any Person or Persons to or with the
said Commissioners appointed by the said first-recited Act of
the Fifty-ninth Year of the Reign of His said late Majesty as
aforesaid, or to or with their Clerk, Treasurer, or other
OflScer, under or by virtue of the Powers or Directions of
either of the said herein-before recited Acts, shall remain in
full Force and Effect, and shall be and continue available in all
Courts of Law and Equity, until the same are fully satisfied and
performed, on account and for the Benefit of the Commissioners
for the Execution of this Act, and shall be vested in such last-
mentioned Commissioners, and shall and may be enforced and
recovered upon in any Action or Suit to be brought and carried
on in the Name of the Clerk for the Time being to the last-
mentioned Commissioners; and all leases. Deeds, Assign-
ments, Securities, Contracts, or Agreements duly made or
entered into by the said Commissionera appointed by the said
first-recited Act of the Fifty-ninth Year of the Reign of His
said late Majesty as aforesaid, to or with any Person or Per-
sons, shall remain in fiill Force and Effect, and be observed
and kept by the said Commissioners for the Execution of this
Act, according to the Terms and Stipulations tltereof respec-
tively,

1840. ShrewOwy and Hofyhead Road. Cap. 104. 625

lively, and shall and may be enforced and recovered upon in
any Action or Suit to be brought against the Clerk for the Time
being to the said last-mentioned Commissioners.

X. And be it enacted. That all Monies, Bills, or Drafts now All Monies now
in the Hands of the Commissioners acting in execution of the 2e^^>imS? ^
said first-recited Act of the Fifty-ninth Year of the Reign of Atmm under
His late Majesty King George the Third, and the several other 59G.3. cso..
Acts herein-before recited, or of their Treasurer or Clerk, or J^^^^^^
in any Bank placed to the jCredit of any Account or Accounts the Commi».
under the Control of the said Commissioners or of their nonen under
Treasurer or Clerk, shall, immediately after the said First Day ^^btoSe^
o( September One thousand eight hundred and forty, be paid Bank of £i^
into the Bank ot England to the Account of the Commissioners land to the
of Her Majesty's Woods, Forests, Land Revenues, Works, and ^"J^^
Buildings, intituled <<The Woods and Forests Fund," or to of Woods, ftc.
such other Account with the said Bank of England as the
said Commissioners for the Time being of Her Majesty's
Woods, Forests, Land Revenues, Works, and Buildings shall
direct ; and all Sums of Money, Bills, and Drafts which shall
hereafter be received by the Commissioners for the Execution
of this Act, their Agents or Receivers, on account of Tolls,
Rates, and Assessments, or fi'om any other Source whatsoever,
under or by virtue of the herein-before recited Acts or this
Act, or any of them, shall be paid by them into the Bank of
England as soon as conveniently may be after the same shall
have been received ; and all Sums of Money, Bills, and Drafts
which shall be received by the said Commissioners on any of
the Accounts aforesaid at their Office in London $ta\\ be paid
by them into the Bank of England within One Day after the
same shall have become so received, or within One Day after
any such Bill or Draft shall have been accepted, completed,
and perfected, if the same be not accepted, completed, and
perfected at the Time it shall be received ; and all Monies,
Bills, and Drafts which shall be received by the Bank of
England in pursuance of the Provisions of this Act shall be
placed to the said Account intituled << The Woods and Forests
Fund," or to such other Account as aforesaid ; and the Drafts
or Orders of the Commissioners for the Time being of Her
Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings, or any Two of them, shall be sufficient Authority to the
said Bank of England to pay, apply, and dispose of the said
Monies, Bills, and Drafts to the Person or Persons or in the
Manner in such Drafts or Orders respectively mentioned or
specified; and after Payment of such Monies, Bills, and Drafts
in manner herein-before directed the Commissioners of Her
Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings for the Time being shall be alone answerable and ac-
countable for the future Application of such Monies, Bills,
and Drafts respectively. A separate

XL And be it enacted, That the Commissioners for the Account to be
Time being of Her Majesty's Woods, Forests, Land Revenues, J^;*^'^;;^'**
Works, and Buildings shall cause a separate and distinct Ac- J|^ unj^ this

R r 4 count Act.

626

Cap. 104

Shrewsbury and Hob/head Road. 3 & 4 Vicr,

S&4W.4.C.43.

6&7W.4.C.85*

count to be kept in the Books of their Office of the Monies
received under the Powers and Provisions of this Act, and of
the Payment and Application of the same.

XIL *And whereas an Act was passed in the' Third and
Fourth Year of the Reign of His late Majesty King IfVHam
the Fourth, intituled An Act far transferring to the CammU'
sumers of Her Mqjest^g Woods and Forests the several Powers
now vested in the Holyhead. B4)ad Commissioners ; and for dis-
charging the last-meniioned Commissioners from the future Jiepairs
and Maintenance of the Roadsy HarbovrSi and Bridges now under
their Care and Management: And whereas an Act was passed
in the Sixth and Seventh Years of the Reign of His late Ma*
jesty King William the Fourth, intituled An Act for further
improving the Road between X.ondon and H(dyhead> by Coven-
try, Birmingham, and Shrewsbury, the Commissioners for the
Issue of Exchequer Bills acting in execution of the several
Acts therein recited were authorized, on Application being
made to them by the said Commissioners acting in execution
of the said recited Act of the Third and Fourth Year of the
Reign of His late Majesty King WiUiam the Fourth, to ad-
vance to them the said last*mentioned Commissioners, or as
they might direct or appoint, any Sum or Sums of Money in
Exchequer Bills, not exceeding in the whole the Sum of Sixty
four thousand five hundred Pounds, upon the Terms and Con*
ditions therein-after mentioned ; and the said last-mentioned
Commissionei-s were by the said Act directed to apply any
Sum not exceeding the Sum of Three thousand Pounds (Part
of the Sum so to be advanced to them) in the making
and completing the Alterations and Improvements mentiqned
in the Schedule marked (A.) to the now-reciting Act in
the Road within the Limits and District of the Dunstabk
Trust, and any Sum not exceeding the Sum of Thirty thou-
sand Pounds in the making and completing the Alterations
and Improvements mentioned in the said Schedule in the Road
within the Limits and District of the Stratford and Dvnckureh
Trust, and in paying for other Improvements and Alterations
within the said Trust ; and in case it should be found that
either of the Sums therein-before authorized to be appro-
priated by the said Commissioners acting in tlie Execution of
the said recited Act of the Third and Fourth Years of the
Reign of His late Majesty King William the Fourth, in
making and completing the Alterations and Improvements
in the Roads therein mentioned, should be more than what
was required for the Purposes for which the same should have
been advanced, the Surplus thereof should be applied by the
said last-mentioned Commissioners in making such other
Improvements as they should think proper on any Part of the
said Road from London to Holyhead which should be within
the same Trust : And whereas the Sum of Three thousand
Pounds, authorized by the said last-recited Act to be applied
in making and completing the several Alterations and Im-
provements therein mentioned in the Road within tlie Limits

• and

1840* Shrew Jntry and Holyhead Boai. Cap; 104. 627

and District of the Dunriabh Trust, is insufficient for the
Purpose of completing and finishing sucli several Alterations
and Improvements, and a further Sum, not exceeding Two
thousand Pounds, will be wanted and required for that Pur*
pose : And whereas the said Sum of Thirty thousand Pounds,
authorized by the said last-recited Act to be applied in making
and completing the several Alterations and Improvements
therein mentioned in the Road within the Limits and Dis-
trict of the Stratford and Dunchurch Trust, exceeds by the
Sum of Ten thousand Pounds or thereabouts the Sum re-
quired to discharge the Costs and Expences of such several
Alterations and Improvements, which are now completed and
finished: And whereas it is expedient that the said Com-
missioners acting in the Execution of the said recited Act
of the Third and Fourth Year of the Reign of His late
Majesty King William the Fourth should be authorized and
empowered to apply Part of the before-mentioned Sum of
Ten thousand Pounds (not exceeding the Sum of Two
thousand Pounds) in completing and finishing the several
Alterations and Improvements in the Road within the Limits
and District of the Dunstable Trust ;' be it therefore enacted.
That it shall and may be lawful to and for the Commissioners Comiiiisrionen
acting in the Execution of the said recited Act of the Third mathonted to
and Fourth Year of the Reign of His late Majesty King w^y^^ fy-
fVilliam the Fourth, and they are hereby authorized and re- s,ooo2. in
quired, to apply any Part or Portion of the said Sum of Ten making Alter*
thousand Pounds (not exceeding in the whole the Sum of pro^^^J"*"
Two thousand Pounds) in completing and finishing the several within the
Alterations and Improvements by the said recited Act of the DuMUble
Sixth and Seventh Year of the Reign of His late Majesty '^'"^*
King William the Fourth authorized to be made and com-
pleted in the Road within the Limits and District of the
Dunstable Trust, in addition to the Sum of Three thousand
Pomids by the said last-mentioned Act directed to be applied for
that Purpose; any thing contained in the said last-mentioned
Act, or in any other Act, to the contrary thereof in anywise
notwithstanding.

XIIL And be it enacted. That it shall and may be lawful for Trustees of the
the Trustees of the Dunstable Trust, and they are hereby puM««WeTro«*

,., ij ' \ •*^« ito continue the

authorized, empowered, and required, to continue the several ToUs levied
Tolls by them imposed and raised and now levied under the under the Aet
Powers and Authorities of the said recited Act of the Sixth 6*7W.4.c35.
and Seventh Year of the Reign of His late Majesty King
William the Fourih, for the Purpose of paying off die Sum
of Thi*ee thousand Pounds in the said Act mentioned, and all
Interest due and to become due thereon, until as well the
said Sum of Three thousand Pounds, and all Interest due
and to become due thereon, as also the Principal Sum or
Sums herein-before authorized to be applied by the Com-
missioners acting in execution of the said recited Act of the
Third and Fourth Year of the Reign of His late Majesty
King William the Fourth in completing and finishing the Alter-
ations

628 Cap. 104. Shrmsbwry and Hohfhead Boad. 3&4Vict.

ations and Improvements in the Road within the Dunsiabk
Trust, together "mth Interest thereon, shall be fully paid off
and discharged.
Trustees of the XIV. And be it enacted. That the Produce of the Tolls so
2""^i^Sr <^o^^^cted and taken by the Trustees of the Dunstable Trust
Tolls to be col- Under the Authority of the said recited Act of the Sixth
lected by them, and Seventh Year of the Reign of His late Majesty King

WiUiam the Fourth and this Act shall, after deducting the
Expences of collecting and receiving the same, be annually
accounted for and paid over by the Trustees to the Com-
missioners acting in execution of the said recited Act of the
Third and Fourth Year of the Reign of His late Majesty
King WiUiam the Fourth, until as well the said Sum of Three
thousand Pounds mentioned in the said recited Act of the
Sixth and Seventh Year of the Reign of His late Majesty
King WiUiam the Fourth, and all Interest due and to become
due thereon, as also the Principal Sum or Sums to be advanced
under the Provisions of this Act, and applied in completing
and finishing the Alterations and Improvements in the Line
of Road within the Dunstable Trust, together with Interest for
' the same after the Rate of Four Pounds per Centum per An-
numy to be computed on the said Sum or Sums from the
Time of advancing the same, shall have been paid off and
discharged, the said Interest of Four Pounds per Centum per
Annum on so much of the said Principal Sum or Sums ad-
vanced and to be advanced as aforesaid as shall from Time
to Time remain due to be in the first place paid ; and the
Balance which shall from Time to Time arise from the said
Tolls shall be applied, so far as the same may extend, in
discharge of the said Principal Sum or Sums as aforesaid ; and
when and so soon as the said Principal Money, together with
the Interest thereon, shall be fully paid oft and discharged,
the said Trustees of the Dunstable Trust shall cease to collect
the said Tolls.
Roads not XV. And be it enacted, That nothing herein contained shall

exempted from y^ deemed or construed to exempt the Turnpike Roads in

any general Act ,.. . , ^ , K» it*-- i*

to be bereafler this Act mentioned or referred to irom the Provisions oi any
passed. general Act relating to the Consolidation or other improved

Arrangement of Turnpike Roads which may pass during the

present or any future Session of Parliament.
Act may be XVI. And be it enacted, That this Act may be amended or

amended, &c. repealed by any Act to be passed during tliis present Session

of Parliament

1840. Impri$onmentfor tkhty Ireland. Cap. 106. 629

CAP. CV.

An Act for abolishing Arrest on Mesne Process in ^/r'i^c/^
Civil Actions except in certain Cases ; for extending ^^^^c
the Remedies of Creditors against the Property of
Debtors ; and for the further Amendment of the
Law and the better Advancement of Justice, in Ire-
land. [10th At/gust 1840.]

* Yl/'HEREAS the present Power of Arrest upon Mesne

* Process in Irdand is unnecessarily extensive and severe,

* and ought to be relaxed : And whereas it is expedient that
' certain Provisions of Acts of Parliament in force in England

* in relation to Actions in Courts of Common Law, and to Pro-

* cess and Proceedings therein, should be extended to Ireland^
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same. That from and Arrert on
after the Time appointed for the Commencement of this Act ^^^^J^
no Person shall be arrested upon Mesne Process in any eept in ctrtlSb
Civil Action in any Inferior Court whatsoever, or (except in Cms.
the Cases and in the Manner herein-after provided for) in any
Superior Court.

IL And be it enacted. That if a Plaintiff in any Action in A JudgtoTa
any of Her Majesty's Superior Courto of Law at ZHift/tn, in ^J^^J^'jJ^
which the Defendant is now liable to Arrest, whether upon the f^Lnt to be
Order of a Judge or without such Order, shall, by the Affidavit arrested in
of himself or of some other Person, show, to tlie Satisfaction •«f*»>J* Cawfc
of a Judffe of One of the said Superior Courts, that such
Plaintiff has a Cause of Action against the Defendant or
Defendants to the Amount of Twenty Pounds or upwards,
or has sustained Damage to that Amount, and that diere is
probable Cause for believing that the Defendant or any One or
more of the Defendants is or are about to quit Ireland unless
he or they be forthwith arrested or held to special Bail, it shall
be lawful for such Judge, by a special Order, to direct that such
Defendant or Defendants so about to quit Ireland shall be held
to Bail for such Sum as such Judge shall think fit, not ex-
ceeding the Amount of the Debt or Damages so sworn to as
aforesaid; and thereupon it shall be lawful for such Plainti^
within the Time which shall be expressed in such Order, but
not afterwards, to sue out One or more Writ or Writs of
Capias into One or more different Counties, as the Case
may require, against any such Defendant so directed to he
held to Bail, which Writ of Capias shall have marked at
the Foot thereof or endorsed thereon the Sum for which such
Defendant shall be so ordered to be arrested or held to Bail,
and the said Writ shall have subscribed at the Foot thereof the
Memorandum and Warning, and shall have endorsed thereon

the

7^-

6S0

Cap. 105.

Imprwmmmtfvr Debtj Ireland* 3 & 4 Vict.

Sheriff may
proceed to
arrest Defend-
ant.

Defendant to
remain in Cus-
tody until he
finib Bail, or
makes a De-
posit.

Order may be
made at any
Time before
final Judgment.

Defendant may
apply for his
Discharge
forthwith.

Judge may
discharge De-
fendant or not.

Order of Judge
maybe appealed
Ironu

Prisoners in
Custody on
Mesne Process
who haye not
filed Petitions
under Insolvent
Acts entitled
to be dis-
charged.

the several Endorsements in the Form in the Schedule (A.)
to this Act annexed, and shall bear Date on the Day on
which the same shall be issued, and be returnable into the
Court out of which such Writ shall have issued, according to
the Practice of such Court

III. And be it enacted, That the SheriiF or other Officer
to whom .any such Writ of Capias shall be directed shall,
before the Expiration of the Return of the said Writ, within
One Calendar Month after the Date thereof, including the Day
of such Date, but not afterwards, proceed to arrest the De-
fendant thereupon; and such Defendant when so arrested
shall remain in Custody until he shall have given a Bail Bond
to the Sheriff, or shall have made Deposit of the Sum en-
dorsed on such Writ of Capias, together with Ten Pounds for
Costs, according to the Practice of the said Superior Courts;
and all subsequent Proceedings as to the putting in and per-
fecting Special Bail, or of making Deposit and Payment of
Money into Court instead of putting in and perfecting Special
Bail, shall be according to the like Practice of the said Superior
Courts, or as near thereto as the Circumstances of the Case will
admit.

IV. And be it enacted, That any such Special Order may
be made and the Defendant arrested in pursuance thereof
at any Time after the Commencement of such Action, and
before final Judgment shall have been obtained therein*

V. And be it enacted, That it shall he lawful for any
Person arrested upon any such Writ of Capias to i^ply at
any Time after such Arrest to a Judge of one of the Superior
Courts at Dublin^ or to the Court m which the Action shall
have been commenced, for an Order or Rule on the Plaintiff
in such Action to show Cause why the Person arrested should
not be discharged out of Custody ; and that it shall be lawful
for such Judge or Court to make absolute or discharge or
refuse such- Order or .Rule, and to direct the Costs of the
Application to be paid by either Party, or to make such other
Oraer therein as to such Judge or Court shall seem fit ; provided
that any such Order made by a Judge may be discharged or
varied by the Court, on Application made thereto by either
Party dissatisfied with such Order.

VL And be it enacted. That every Prisoner who at the
Time appointed for the Commencement of this Act shall be in
Custody upon Mesne Process for any Debt or Demand, and
shall not have filed a Petition to be discharged under the Laws
in force for the Relief ol Insolvent Debtors, may apply to
the Court out of which such Process was issued, or any
Judge thereof for an Order or Rule on the Plaintiff in such
Process to show Cause why the Prisoner so in Custody should
not be discharged out of Custody ; and it shall be lawful for
such Court or Judge to make absolute or discbarge or refiUe
such Order or Rule, and to direct the Costs of the Application
to be paid by either Party, or to make such other Order
therein as to such Judge or Court shall seem meet; provided

that

1840. Imprisonment fir DAt^ Ireland. Cap. 105. ^1

that any such Order made by a Judge may be discharged or
varied by the Court on Application made thereto by either
Party dissatisfied with such Order; provided also, that every
such Prisoner shall be liable to be detained, or after such Dis-
charge to be again arrested, by virtue of any such special Order
as aforesaid, at the Suit of the PlaintiiF at whose Suit he was
previously arrested, or of any other Plaintiif.

VII. And in order to prevent the Operation of any Statute Where Statute
of Limitation in bar of the Cause of Action of any Plaintiff ^^,^'^**i«^
in Cases in which such Cause of Action would be barred unless in bar of Ac-
a Writ or Process issued and was continued for that Purpose, tion*, unless
be it enacted, That every Writ or Process may be continued by ]^d totti^^d**
Alias and Pluries, as the Case may require, if any Defendant such Writ, &c.
therein named may not have been arrested or held to Bail maybe con-
thereunder or served therewith : Provided always, that no |JJ*d PlS»""
First Writ shall be available to prevent the Operation of any

Statute whereby the Time for the Commencement of the Action
may be limited, unless the Defendant shall be arrested or held
to Bail thereunder or served therewith, or Proceeding to or
towards Outlawry shall be had thereupon, or unless such Wri^
and every Writ (if any) issued in continuation of a preceding
Writ, shall be returned Non est inventus, and entered of Record
within One Calendar Month after the Expiration of the Return
of such Writ or Process, including the Day of such Expiration,
and unless every Writ issued in continuation of a preceding
Writ shall be issued within One Calendar Month after the
Expiration of the preceding Writ, and shall contain a Memo-
randum endorsed thereon or subscribed thereto specifying the
Day of the Date of the First Writ, such Return of Non est
inventus to be made in bailable Process (in case such bailable
Process shall be ordered to issue as aforesaid) by the Sheriff
or other Officer to whom such Writ shall be directed, or his
Successor in Office, and in Process not bailable, in case of
Non-service thereof, to be made by the Plaintiff or his
Attorney suing out the same, and signed by him, and in case
such bailable Process shall be so returned Non est inventus,
then for such. Purpose of preventing the Operation of such
Statute of Limitations the same may be continued by Alias and
Pluries Writ not serviceable, to be continued and returned in
manner aforesaid.

VIII. And be it enacted, That if any single Creditor, or any ^^^^Lj,,^
Two or more Creditors being Partners, whose Debts shaU JJ^jInfalmu"
amount to One hundred Pounds or upwards, or any Two Cre-
ditors whose Debts shall amount to One hundred and fifty

Pounds or upwards, or any Three or more Creditors whose
Debts shall amount to Two hundred Pounds or upwards, of
any Trader within the Meaning of the Laws now in force re-
specting Bankrupts, shall file, with the proper Officer in the
Office of the Lord Chancellor's Secretary of Bankrupts in
Ireland, an Affidavit or Affidavits, to be sworn before a Master
Ordinary or Extraordinary in Chancery, that such Debt or
Debts is or are justly due to him or them respectively, and that

such

692 Cap. 105. Iwpri$omnentfor Debt^ Ireland. 3 & 4 Vict.

such Debtor as he or they verily believe is such Trader as
aforesaid, and shall cause him to be served personally with a
Copy of such Affidavit or Affidavits, and with a Notice in
Writing stating that such Affidavit or Affidavits hath or have
been filed in the said Office pursuant to this Act, and requiring
immediate Payment of such Debt or Debts; and if such Trader
shall not within Forty-one Days after personal Service of
such Affidavit or Affidavits and Notice, or within such further
Time as any Commissioner of Bankrupt shall order, pay such
Debt or Debts, or secure or compound for the same to the
Satisfaction of such Creditor or Creditors, or enter into a Bond
in such Sum and with Two such sufficient Sureties as shall be
approved of by any Judge of any of Her Majesty's Superior
Courts at DMin^ or any Judge of Assize, or any Assistant
Barrister at Quarter Sessions, or any Master in Ordinary of
the Court of Chancery in Ireland^ or any of such Persons as
shall be for that Purpose appointed from Time to Time by
any general or special Order of the Lord Chancellor of Ireland^
or until such Appointment sh£|Il be made by any perpetual
Commissioner appointed for taking Acknowledgments of Deeds
by Married Women under the Act for ^ the Abolition of Fixies
and Recoveries, and for the Substitution of more simjple Modes
of Assurance, in Irdand^ to pay such Sum or Sums as shall
be recovered in any Action or Actions which shall have been
brought or shall thereafter be brought for the Recovery of the
same, together with such Costs as shall be given in the same,
or to render himself to the Custody of the Gaoler of the Court
in which such Action shall have been or may be brought
according to the Practice of such Court, or within such Time
and in such Manner as the said Court or any Judge thereof
shall direct, after Judgment shall have been recovered in such
Action, then and in any such Case such Trader shall be
deemed to have committed an Act of Bankruptcy on the
Forty-second Day after Service of such Affidavit or Affidavits
and Notice, provided a Commission of Bankruptcy] shall issue
against such Trader within Two Calendar Months from the
fmng of such Affidavit or Affidavits, but not otherwise.
In Caaes of IX. And be it enacted. That in all Cases in which a Plaintiff

OutkwryPlun- intends to proceed to outlaw or waive a Defendant by Writs of
Writaiof Eiegi £x^i and Proclamations in order to compel the Appearance of
and Prodama- such Defendant in any Civil Action, it shall and may be lawful
^JJV^"' ?to ^^^ ^^^ Plaintiff to take such Proceedings, and to sue out such
be arretted ^Tit and Writs of Capias for that Purpose, in such Mann^
thereon. as may be now lawfully done ; but no Defendant shall be

arrested, detained in Custody, or held to Special Bail under or
by virtue of such Proceeding, Writ or Writs.
Warrants of ^^ < j^^d whereas it is expedient that Provision should be

CogiJ^M- * made for giving every Person executing a Warrant of At-
tionem to be < tomey to confess Judgment, or a Cognovit actionem, (save as
raecutedbthe < herein-after mentioned,) due Information of the Nature and
Attorney on * Effect thereof;' be it enacted. That from and after the Time
behalf of Uie appointed for the Commencement of this Act no Warrant of

8 Attorney

1840. Jngmsonment far Debiy Irdand. Cap. 105. 638

Attorney to confess Judgment [in any personal Action, or Person eioept
Cognovit actionem given by any Person, save and except a ^^2^^*^^^"
Warrant of Attorney to confess Judgment in an Action upon Bonds.
a Bond or Writing obligatory recited therein or collateral
therewith, shall be of any Force unless there shall be present
some Attorney of One of the Superior Courts on behalf of such
Person, exprosly named by him, and attending at his Request,
to] inform him of the Nature and ££fect of such Warrant or
Cognovit, before the same is executed ; which Attorney shall
subscribe his Name as a Witness to the due Execution thereof
and thereby declare himself to be Attorney for the Person
executing the same^ and state that he subscribes as such
Attorney.

XL And be it enacted, That a Warrant of Attorney to Warrant, &e.
confess Judgment, or Cognovit actionem, (save and except as ^^^^^^
aforesaid,) not executed in manner aforesaid, shall not be ^aiid.
rendered valid by Proof that the Person executing the same
did in fact understand the Natiire and Effect thereof or was
fully informed of the same.

XII. * And whereas Injustice is frequently done to Creditors Warrants of

* by secret Warrants of Attorney to confess Judgments for ^^^^.

* securing the Payment of Money, whereby Persons in a State tionstobefiled

* of Insolvency are enabled to keep up the Appearance of being withmTwenty-

* in good Circumstances, and the Persons holding such Wan- ^^ ^

* rants of Attorney have the Power of taking "the Property of
< such Insolvents in Execution at any Time, to the Exclusion

* of the rest of their Creditors;' for Remedy whereof be it
enacted. That from and after the First Day of November One
thousand eight hundred and for^, if the Holder thereof shall
think fit, every Warrant of Attorney to confess Judgment in
any personal Action, or a true Copy thereof, and of^ the At-
testation thereof, and the Defeasance and Endorsement thereon
(if any), shall, within Twenty*one Days after the Execution of
such Warrant of Attorney, be filed, together with an Affidavit of
the Time of the Execution thereof, with the proper Officer in
One of Her Majesty's Superior Courts at DiMinj in which
Judgment upon such Warrant of Attorney shall thereafter be
entered up.

XIIL And be it enacted. That from and after the First Day in what Case
of November One thousand eight hundred and forty, if at any Warran^f At-
Time after the Expiration of Twenty-one Days next after the dJa^ftaiidu-
Execution of such Warrant of Attorney, a Commission of Bank- lent and void,
rupt shall be issued against the Person who shall have ^iven
such Warrant of Attorney, under which he shall be duly found
and declared a Bankrupt, or any such Person shall be impri-
soned for Debt, and file a Petition in the Court for Relief of
Insolvent Debtors, whereon a vesting Order shall be made
under the Provisions of any Act to continue and amend the
Laws for Relief of Insolvent Debtors in Ireland^ then and in
such Case, unless such Warrant of Attorney, or a Copy thereof,
shall have been filed as aforesaid within the said Space of
Twenty*one Days from the Execution thereof, or unless

Judgment

634

Defeasance of
Warrant of
Attorney, ke*
to be written
on the aame
Taper,

Officer of Court
to keep a Book
containing List
and Particulars
of each Warrant
of Attorney.

Fee for filing
Warrant.

Office Copy had
on paying lor.

Satisfaction to
be entered on
Warrant of
Attorney.

Gap. 106. Inqnnstmmentfar Dd^ Ireland. 8 8c 4 ViCT«

Judgment sball have been signed, or Execution issued on such
Warrant of Attorney within the same Period, and in the Court
in which such Warrant of Attorney, or such Copy thereof shall
have been filed, such Warrant of Attorney, and the Judgment
and Execution thereon, shall be deemed fraudulent and void
against the Assignees under such Commission, and against the
Provisional or other Assignee or Assignees of such Prisoner
appointed under such Act, and such Assignee or Assignees
shall be entitled to recover back and receive, for the Use of the
Creditors of such Bankrupt or Prisoner, all and every the
Monies levied or Effects seized under and by virtue of such
Judgment and Execution.

AlV. And be it enacted. That if such Warrant of Attorney
shall be given subject to any Defeasance or Condition, such
Defeasance or Condition shall be written on the same Paper
on which such Warrant of Attorney shall be written, before the
Time when the same, or a Copy thereof respectively, shall be
filed, otherwise such Warrant of Attorney sball be null and
void to all Intents and Purposes.

XV. And be it enacted. That the said Officer of the said
Court in which such Warrant of Attorney or Copy thereof shall
be filed shall cause every such Warrant of Attorney in any
personal Action, and every Copy thereof filed in his said Office,
to be numbered, -and shall keep a Book or Books in his said
Office in which he shall cause to be fairly entered an alpha-
betical List of every such Warrant of Attorney, containing
therein the Names and Additions and Descriptions of the
respective Defendants or Persons giving such Warrants of
Attorney, and also the Names, Additions, and Descriptions of
the Plaintiff or Persons in whose Favour the same shall have
been given, together with the Number and Dates of the Execu-
tion and filing of tlie same^ or of a Copy thereof respectively,
and the Sums for which Judgment is to be entered up, and
also the Sums which are specified to be paid by the Defeasances
or Conditions in each Warrant of Attorney, and the Times
when the same are thereby made payable, according to the
Form contained in the Schedule (B.) to this Act annexed,
which said Book or Books, and every Warrant of Attoniey or
Copy thereof filed in the said Office, shall be searched and
viewed by all Persons at all seasonable Times, paying for every
Search against each Person executing such Warrant of Attorney
the Sum of Sixpence, and no more.

XVI. And be it enacted, That there shall be pud for filing
and entering such Warrant of Attorney, or a Copy thereof as
aforesaid, the Sum of One Shilling, and no more.

XVIL And be it enacted. That any Person shall be entided
to have an Office Copy of each Warrant of Attorney, or of the
Copy thereof, filed as aforesaid, in like Manner as Office Copies
of Judgments in each such Court respectively.

XVIII. And be it enacted. That it shall be lawful for any
of the Judges of the Court in which the said Warrant of At-
torney or Copy thereof is filed to order a Memorandum of

Satisfactiou

1640. Imprisonment fir Ddt^ Irehnd. Cap. 105. 635

Satisfaction to be written upon such Warrant of Attorney, or
Copy thereof respectively as aforesaid, if it shall appear to him
or them that the Debt for which such Warrant of Attorney is
given as a Security shall have been satisfied or discharged.

XIX. ' And whereas the existing Law is defective in not SberifTem-

* providing adequate Means for enabling Judgment Creditors poy«red to

* to obtain Satisfaction from the Property of their Debtors, and ^^^^^ Landal"
^ it is expedient to give Judgment Creditors more eflPectual &c. to Judg-

* Remedied against the Real and Personal Estate of their nwnt Creditor.

* Debtors than tbey possess under the existing Law;' be it
therefore enacted, That it shall be lawful for the Sheriff or
other Officer to whom any Writ of Elegit, or any Precept in
pursuance thereof, shall be directed at the Suit of any Person
upon any Judgment which at the Time appointed for the Com-
mencement of this Act shall have been recovered, or shall be
diereafter recovered, in any Action in any of Her Majesty's
Superior Courts at Dubliji^ to make and deliver Execution unto
the Party in that Behalf suing, of all such Lands, Tenements,
Rectories, Tithes, Rents, and Hereditaments, including Lands
and Hereditaments which may be of Copyhold Tenure, as the
Person against whom Execution is so sued, or any Person in

' Trust for him, shall have been seised or possessed of at the
Time of entering up the said Judgment, or at any Time after-
wards, or over which such Person shall at the Time of entering
up such Judgment, or at any Time afterwards, have any dis-
posing Power which he might, without the Assent of any other
Person, exercise for his own Benefit, in like Manner as the
Sheriff or other Officer may now make and deliver Execution
of one Moiety of the Lands and Tenements of any Person
against whom a Writ of Elegit is sued out ; which Lands,
Tenements, Rectories, Tithes, Rents, and Hereditaments, by
force and virtue of such Execution, shall accordingly be held
and enjoyed by the Party to whom such Execution shall be so
made and delivered, subject to such Account in the Court out
of which such Execution shall have been sued out as a Tenant
by Elegit is now subject to in a Court of Equity : Provided Proviso as to
always, that such Party suing out Execution, and to whom any ?^?^^**
Copyhold Lands may be so delivered in Execution, shall be
liable and is hereby required to make, perform, and fender to
the Lord of the Manor, or other Person entitled, all such and
the like Payments and Services as the Person against whom
such Execution shall be issued would have been bound to make,
perform, and render in case such Execution had not. issued,
and that the Party so suing out such Execution, and to whom
any such Copyhold Lands shall have been so delivered in Ex- ,
ecution, shall be entitled to hold the same until the Amount of
such Payments and the Value of such Services, as well as the
Amount of the Judgment, shall have been levied : Provided Proviso as to
also, that as against Purchasers, Mortgagees, or Creditors who ^'^hasers,
shall have become such before the Time appointed for tlie or*S^^
Commencement of this Act, such Writ of Elegit shall have no
[No. 41. Price 2rf.] Ss greater

636 Gap. 106. Imprmrmenifar Debt^ Ireland. 3 & 4 Vict.

greater or other Effect than a Writ of Elegit would have had in

i:ase this Act had not passed.

Sheriff einpow- XX. And be it enacted, That by virtue of any Writ of Fieri

ered to ^^ facias to be sued out of any Superior or Inferior Court after

Notttf'&ci the Time appointed for the Commencement of this Act, or any

Precept in pursuance thereof, the Sheriff or other OflScer

having the Execution thereof may and shall seize and take any

Money or Bank Notes (whether of the Governor and Company

of the Bank of Ireland, or of any other Bank or Bankers),

and any Clieques, Bills of Exchange, Promissory Notes, Bonds,

Specialties, or other Securities for Money, belonging to the

Person against whose Effects 'such Writ of Fieri facias shall

and to pay be sued out; and may and shall pay or deliver to the Party

Money or Bank guing out such Execution any Money or Bank Notes which

cud^ Credi- ^^^^^ be SO seized, or a sufficient Part thereof, and may and

tor; shall hold any such Cheques, Bills of Exchange, Promissory

Notes, Bonds, Specialties, or other Securities for Money as a
Security or Securities for the Amount by such Writ of Fieri
facias directed to be levied, or so much thereof as shall not have
and to sue for been Otherwise levied and raised ; and may sue in the Name of
Amountsecured such Sheriff or Other Officer, for the Recovery of tlie Sum or
cfaanJe and *" ^ums secured thereby, if and when the Time of Payment
other Securities, thereof shall have arrived, and that the Payment to such Sheriff

or other Officer by the Party liable on any such Cheque, Bill
of Exchange^ Promissory Note, Bond, Specialty, or other
Security, with or without Suit, or the Recovery and levying
Execution against the Party so liable, shall discharge him to
the Extent of such Payment or of such Recovery and Levy in
Execution, as the Case may be» from his Liability on any such
Cheque, Bill of Exchange, Promissory Note, Bond, Specialty,
or other Security ; and such Sheriff or other Officer may and
shall pay over to the Party suing out such Writ the Money
so to be recovered, or such Part thereof as shall be sufficient
to discharge the Amount by such Writ directed to be levied;
and if, after Satisfaction of the Amount so to be levied,
together with Sheriff's Poundage and Expences, any Surplus
shall remain in the Hands of such Sheriff or other Officer, the
same shall be paid to the Party against whom such Writ shall
Indemnity for be SO issued: Provided that no such Sheriff or other Officer
Sheriff. ghaU ^e bound to sue any Party liable upon any such Cheque,

Bill of Exchange, Promissory Note, Bond, Specialty, or other
Security, unless the Party suing out such Execution shall enter
into a Bond, with Two sufficient Sureties, for indemnifying
him from all Costs and Expences to be incurred in the Pro-
secution of such Action, or to which- he may become liable in
consequence thereof, the Amount of such Bond or the Suffi-
ciency of such Sureties, or such Amount and such Sufficiency,
to be determined by the Prothonotary or Clerk of the Pleas
of the Court in which such Action shall be brought, or, if
the Court shall so order, by a Commissioner of such Court
authorized to take special Bail, and the Expence of such

Bond

1840. Impruormunt for DAt^ Irelcmd. Cap. 105. 637

Bond to be deducted out of any Money to be recovered in such
Action.

XXI. And be it enacted, That it shall be lawful for any Receiver to be
Person entitled to sue out, or who has already sued out, a appointed or
Writ of Elegit upon any Judgment recovered in any of Her TOrulinCaMsat
Majesty's Courts at Dublin, or to issue, or who has issued, the Suit of
Execution in any Suit or Proceeding on any Recognizance Creditors by
there, to apply by Petition to the Court of Chancery, or to R^o^Uauwe.
the Court of Exchequer at the Equity Side thereof, for an
Order that a Receiver may be appointed over any Lands,
Tenements, Rectories, Tithes, Annuities, Rents, or Heredita-
ments by this Act made liable to be seized, extended, appraised,
or taken in Execution on any such Judgment, and also (after
such Order shall have been obtained as herein-after mentioned)
all Government Stock, Funds, or Annuities, or Stock or Shares
of or in any public Company, or the Dividends or Proceeds
thereof, to which any Person or Persons against whom any
such Judgment may have been obtained, or who may be liable
to pay the same, or any Person or Persons in Trust for him
or them, or any of them, may be entitled, or to order that
any Receiver appointed before the passing of this Act over the
Property of any Judgment Debtor may be extended to the
Matter of such new Petition ; and that in proceeding under
the Act passed in the Session of Parliament held in the Fifth
and Sixth Years of His late Majesty King William the Fourth,
intituled An Act for factlitaiing the Appointment of Sheriffs in 5&6W.4.c.5i.
Ireland, and the more effectual Audit and passing their Accounts ;
and for Hie more speedy Return and Recovery of Finesy Fees^
Forfeitures, Recognizances. Penalties, and Deodands ; and to abolish
certain Offices in the Court of Exchequer in Ireland ; and to amend
the Laws relating to Grants in custodiam and Recovery of Debts in
Ireland ; and to amend an Act of the Second and Third Years of
His present Majesty^ for transferring the Powers and Duties of the
Commissioners of Public Accounts in Ireland to the Commissioners
for auditing the Public Accounts of Great Britain, and this Act,
the said Court of Chancery, and Court of Exchequer at the
Equity Side thereof, shall have Power to appoint or extend a
Receiver in a summary Way, on a Petition at the Instance
of such Person, over any Property of such Judgment Debtor
which such Creditor would or could make available for the
Payment of his Judgment Debt by filing (after a Writ of Exe-
cution had been issued and returned at Law upon such Judg-
ment) a Bill in a Court of Equity, or by any Writ of Execution
at Law, or (subject to the Proviso herein-after contained) by
Petition under the Provisions of this Act ; and it shall be lawful
for the said Courts respectively to appoint or extend a Receiver
accordingly over the whole thereof, or over so much thereof as
shall appear to be sufficient for the Purposes of paying the Sum
due on such Judgment or Recognizance ; and every such Petition
shall state the Judgment or Recognizance, and the Sum due
thereon, and shall be verified by the Affidavit of the Person
interested^ or by such other Affidavit as the Court shall direct,

S s 2 stating

638 Cap. 10& Jfnprisanmenifar Ikbij Ireland 3 8c 4 Vict.

stating the Sum due for Principal, Intei-est, and Costs, over
and above all just and fair Allowances ; and it shall be lawful
for the said Court to require Proof by the Affidavit of the
Party applying for such Order, or by such other Affidavit or
Affidavits or Evidence as it shall require, of the Particulars of
such Property over which such Receiver shall be sought, and
the Nature and Amount in Value thereof, , and where situate^
as to such Court shall appear jii3t and reasonable; and the
Proceedings on any such Petition may from Time to Time be
continued by or against the Representatives of the original
Parties, or other Persons interested or liable respectively in
respect of such Judgment, in the same Manner as Proceedings
under the said recited Act may now be continued ; and that it
shall not be necessary in proceeding under the said last-men-
tioned Act of the Fifth and Sixth Years of His late Majesty
King William the Fourth, or this Act, at any Time during the
Sittings of either of the said Courts of Chancery or Exchequer^
to present a Petition, in order to obtain an Order of tlie Court
in such Matter, after, an Order shall have been made by such
Courts respectively on the first Petition presented in any such
Matter ; and no Costs of any such Petition so presented after
an Order on such first Petition shall be allowed.
Judgment to XXIL And be it enacted, That a Judgment already entered

c^M OT Real ^P' ®^ ^^ ^^ hereafter entered up, against any Person in any
Estates. of Her Majesty's Superior Courts at DtAlin^ shall operate as

a Charge upon all Lands, Tenements, Rectories, Advowsons,
Tithes, Rents, and Hereditaments, including Lands and Here-
ditaments of Copyhold Tenure, of or to which such Person shall
at the Time of entering up such Judgment, or at any Time
afterwards, be seised, possessed, or entitled for any Estate or
Interest whatever at Law or in Equity, whether in Possession,
Reversion, Remainder, or Expectancy, or over which such
Person shall, at the Time of entering up such Judgment or at
any Time afterwards, have any disposing Power which he
might, without the Assent of any other Person, exercise for his
own Benefit, and shall be binding as against the Person agauist
whom Judgment shall be so entered up, and against all Persons
claiming under him after such Judgment, and shall also be
binding as against the Issue of his Body and all other Persons
whom he might, without the Assent of any other Person, cut
off and debar firom any Remainder, Reversion, or other Interest
in or out of any of the said Lands, Tenements, Rectories,
Advowsons, Tithes, Rents, and Hereditaments; and that every
Judgment Creditor shall have such and the same Remedies in a
Court of Equity against the Hereditaments so charged by virtue
of this Act, or any Part thereof, as he would be entitled to in
case the Person against whom such Judgment shall have beoi
so entered up had Power to charge the same Hereditaments,
and had by Writing under his Hand agreed to charge the
same, with the Amount of such Judgment Debt and Interest
Charge not to ^ thereon : Provided that no Judgment Creditor shall be entided
be enforced to proceed in Equity to obtain the Benefit of such Charge under

this

1840. Impriamnimt far DAii Irdand. Cap. 105. 639

this Act until after the Expiration of One Year from the until adcr Ex-
Time of entering up such Judgment, or in Cases of Judgments F«tion of a
already entered up, or to be entered up before the Time ®"'
appointed for the Commencement of this Act, until after the
Expiration of One Year from the Time appointed for the
Commencement of this Act ; nor shall such Charge operate to
give the Judgment Creditor any Preference in case of the
Bankruptcy of the Person against whom Judgment shall have
been entered up unless such Judgment shall have been entered
up One Year at least before the Bankruptcy ; provided also, Proviso as to
that as regards Purchasers, Mortgagees, or Creditors who shall P»»chase"» be-
have become such before the Time appointed for the Com-
mencement of this Act, sudi Judgment shall not affect Lands,
Tenements, or Hereditaments otherwise than as the same would
have been affected by such Judgment if this Act had not passed ;
provided also, that nothing herein contained shall be deemed
or taken to alter or affect any Doctrine of Courts of Equity,
whereby Protection is given to Purchasers for valuable Con-
sideration, without Notice ; provided also, that nothing in this
Act contained shall take away or prejudice any Remedy or
Proceeding which any Judgment Creditor may, or if this Act
were not passed might, have or take in. relation to his Judgment,
but such Creditor shall be at liberty to proceed at Law or in
Equity for Recovery of any Sum secured by or due upon any
such Judgment, whether before or after such Period as afore-
said, as if this Act had not been passed.

XXIII. And be it enacted. That if any Person against whom Stock and
any Judgment shall have been entered up in any of Hei; Shares in public
Majesty's Superior Courts at Dublin shall have any Government p^yj^ com-
Stock, Funds, or Annuities, or any Stock or Shares of or in panics belong-
any public Company in Ireland (whether incorporated or not), *"K ^^ ^^
standing in his Name in his own Right, or in the Name of gtandrngln his
any Person in Trust for him, it shall he lawful for the Court of own Name, to
Chancery, or the Court of Exchequer at the Equity Side ^ chared by
thereof, on any such Petition as aforesaid, and also for any of j^^^ *
the Superior Courts of Law, or a Judge thereof, on the Appli-
cation of any Judgment Creditor, to order that such Stock,
Funds, Annuities, or Shares, or such of them or such Part
thereof respectively as he shall think fit, shall stand charged
with the Payment of the Amount for which Judgment shall
have been so recovered and Interest thereon ; and such Order
shall entitle the Judgment Creditor to all such Remedies as he
would have been entitled to if such Charge had been made in
his Favour by the Judgment Debtor ; and the Provisions last
aforesaid shall extend to the Interest of any Judgment Debtor,
whether in Possession, Remainder, or Reversion, and whether
vested or contingent, as well in any such Stocks, Funds,
Annuities, or Shares as aforesaid, as also in the Dividends,
Interest, or annual Produce of any such Stock, Funds, Annuities,
or Shares ; and whenever any such Judgment Debtor shall have
any Estate, Right, Title, or Interest, vested or contingent, in
Possession, Remainder, or Reversion, in, to, or out of any such

S s 3 Stock,

(540 Cap. 105. Imprisonment for Debt, Ireland. 3 & 4 Vicr*

Stock, Funds, Annuities, or Shares as aforesaid which shall be
standing in the Name of the Accountant General of the Court
of Chancery or the Accountant General of the Court of Exche-
quer, or in, to, or out of the Dividends, Interest, or annual
Produce thereof, it shall be lawful for such Court or Judge
to make any Order as to such Stock, Funds, Annuities, or
Shares, or the Interest, Dividends, or annual Produce thereof,
in the same Way as if the same had been standing in the Name
of a Trustee of such Judgment Debtor : Provided always, that
no Order of any Court or Judge as to any Stock, Funds,
Annuities, or Shares standing in the Name of the Accountant
General of the Court of Chancery or the Accountant General
of the Court of Exchequer, or as to the Interest, Dividends,
or annual Produce thereof, shall prevent the Governor and
Company of the Bank of Ireland, or any public Company, from
permitting any Transfer of such Stocks, Funds, Annuities, or
Shares, or Payment of the Interest, Dividends, or annual Pro-
duce thereof, in such Manner as the Court of Chancery or the
Court of Exchequer respectively may direct, or shall have any
greater Effect than if such Debtor had charged such Stock,
Funds, Annuities, or Shares, or the Interest, Dividends, or
annual Produce thereof, in favour of the Judgment Creditor,
with the Amount of the Sum to be mentioned in any such
Order: Provided also, that no Proceedings shall be taken, save
by the presenting of such Petition as aforesaid, to have the
Benefit of such Charge until after the Expiration of Six Calendar
Months from the Date of such Order.
Order of Judge XXIV. And in order to prevent any Person against whom
to be made, in Judgment shall have been obtained from transferring, receiving,
stanee!Vx*parte» ^^ disposing of any Stock, Funds, Annuities, or Shares hereby
and on Notice authorized to be charged for the Benefit of the Judgment
to the Bank or Creditor under an Order of a Court or Judge, be it enacted,
opCTa^M^a That every Order of any such Court or Judge charging any
Distringas. Government Stock, Funds, or Annuities* or any Stock or Shares

in any public Company under this Act, shall be made in the
first instance ex parte, and without any Notice to the Judgment
Debtor, and shall be an Order to show Cause only; and such
Order, if any Government Stock, Funds, or Annuities standing
in the Name of the Judgment Debtor in his own Right, or in
the Name of anv Person in Trust for him, is or are to be affected
by such Order, shall restrain the Governor and Company of
the Bank of Ireland from permitting a Transfer of such Stock
in the meantime and until such Order shall be made absolute
or discharged, and if any Stock or Shares of or in any public
Company standing in the Name of the Judgment Debtor in his
own Right, or in the Name of any Person in Trust for him, is
or are to be aifected by any such Order, shall in like Manner
restrain such public Company from permitting a Transfer
thereof; and that if after Notice of such Order to the Person
or Persons to be restrained thereby, or in case of Corporations
to any authorized Agent of such Corporation, and before the
same Order shall be discharged or made absolute, such Coiv

poration

.1840. Imprisonment for Debt^ Ireland. Cap. 1051 641

poration or Person or Persons shall permit any such Transfer
to be made, then and in such Case the Corporation or Person
or Persons so pern^itting such Transfer shsJl be liable to the
Judgment Creditor for the Value or Amount of the Property
so charged and so transferred, or such Part thereof as may be
sufficient to satisfy his Judgment ; and that no Disposition of
the Judgment Debtor in the meantime shall be valid or efiPectual
as against the Judgment Creditor ; and further, that unless the
Judgment Debtor shall, within a Time to be mentioned in
such Order, show to one of the said Courts, or a Judge thereof,
sufficient Cause to the contrary, the said Order shall, after Proof
of Notice thereof to the Judgment Debtor, his Attorney or
Agent, be made absolute; provided that any such Court or
Judge shall, upon the Application of the Judgment Debtor,
or any Person interested,, have full Power to discharge or vary
such Order, and to award such Costs, upon such Application,
as such Court or Judge may think fit.

XXV. And be it enacted. That if any Judgment Creditor Securities not
who under the Powers of this Act shall have obtained any ^^'^-^^•f
Charge, or be entitled to the Benefit of any Security whatsoever, the^Penon
shall afterwards and before the Property so charged or secured taken in £ze-
shall have been converted into Money or realized, and the ^"^°°'
Produce thereof applied towards Payment of the Judgment

Debt, cause the Person of the Judgment Debtor to be taken or
charged in Execution upon such Judgment, then and in such
Case such Judgment Creditor shall be deemed and taken to
have relinquished all Right and Title to the Benefit of such
Charge or Security, and shall forfeit the same accordingly.

XXVI. And be it enacted, That every Judgment Debt due Judgment
upon any Judgment not confessed or recovered for any penal Debts to carry
Sum for securing Principal and Interest shall carry Interest

at the Rate of hoxxv Pounds per Centum per Annum from the
Time of entering up the Judgment, or from the Time of the
Commencement of this Act in Cases of Judgments then entered
up and not carrying Interest, until the same shall be satisfied,
and such Interest may be levied under a Writ of Execution on
such Judgment.

XXVII. And be it enacted, That all Decrees and Orders of DecreesandOr.
the Court of Chancery, and of the Court of Exchequer at the de« of Courte
Equity Side thereof, and all Rules of any of the Superior Courts ^ have*Effect
of Common Law, and all Orders of the Lord Chancellor or of Judgments.
Master of the Rolls, or of the Court of Commissioners of Bank-
ruptcy, and all Orders of the Lord Chancellor in Matters of

Lunacy, whereby any Sum of Money, or any Costs, Charges, or
Expences .shall be payable to any Person, shall have the Effect
of Judgments in the Superior Courts of Common Law, and the
Persons to whom any such Monies or Costs, Charges, or Ex-
pences shall be payable shall be deemed Judgment Creditors
within the Meaning of this Act ; and all Powers hereby given
to the Judges of the Superior Courts of Common Law with
respect to Matters depending in the same Courts shall and may
be exercised by the Courts of Chancery and Exchequer at the

S s 4 Equity

642

Cap. 105.

Imprisonment fir Debt, Ireland, 3 & 4 VicT.

No Decree, &c.
to affect Real
Estate until
registered.

New Writs to
be/ramed.

£quity Side thereof with respect to Matters therein dependixig,
and by the Lord Chancellor, Master of the Rolls, and Court of
Commissioners of Bankrupt respectively in Matters of Bank-
ruptcy, and by the Lord Chancellor in Matters of Lunacy ;
and all Remedies hereby given to Judgment Creditors are in
like Manner given to Persons to whom any Monies or Co6t8»
Charges, or Expences are by such Orders or Rules respectively
directed to be paid ; and the Date of the same, and Amount due
on Foot thereof, shall be stated in any Petition for a Receiver
under the said Act of the Fifth and Sixth Years of the Reign
of His late Majesty King WtUiam the Fourth, and this Act,
as in the Case of a Petition founded on a Juc^ment entered
or recovered in any of such Superior Courts of Law as afore-
said.

XXVIIL Provided always, and be it enacted, That no
Decree or Order in any Court of Ikjuity, nor any Rule of a
Court of Common Law, nor any Order in Bankruptcy or
Lunacy, shall, by virtue of this Act, affect any Lands, Tenements,
or Hereditaments, as to Purchasers, Mortgagees, or Creditors,
unless and until a Memorandum or Minute containing the Name
and the usual or last known Place of Abode, and the Title,
Trade, or Profession, of the Person whose Estate is intended
to be afiPected thereby, and the Court, and the Title of the
Cause or Matter in which such Decree, Order, or Rule shall
have been obtained or made, and the Date of such Decree
Order, or Rule, and the Amount of the Debt, Damages, Costs,
or Monies thereby recovered or ordered to be paid, shall be left
with such Person, being any Officer of the Court of Chancery
or of the Court of Exchequer, as the Lord Chancellor, Master
of the Rolls, and Lord Ctiief Baron shall appoint, any Notice
of any such Decree, Order, or Rule to any Purchaser, Mort-
gagee, or Creditor in anywise notwithstanding ; and such Officer
shall forthwith enter the same Particulars in a Book in alpha-
betical Order by the Name of the Person whose ELstate is in-
tended to be affected by such Judgment, Decree, Order, or
Rule; and such Officer shall be entitled for any such Entry to
the Sum of Five Shillings ; and all Persons shall be at liberty
to search the same Book on Payment of the Sum of One
Shilling.

XXIX. And be it enacted. That such new or altered Writs
shall be sued out of the Courts of Law, Equity, and Court of
Commissioners of Bankrupt as may by such Courts respectively
be deemed necessary or expedient for givins Effect to the
Provisions herein-befbre contained, and in such Forms as the
Judges of such Courts respectively shall from Time« to Time
think fit to order ; and the Execution of such Writs shall be
enforced in such and the same Manner as the Execution of
Writs of Execution is now enforced, or as near thereto as
the Circumstances of the Cases will admit; and that any
existing Writ the Form of which shall be in any Manner
altered in pursuance of this Act shall nevertheless be of the
same Force and Virtue as if no Alteration had been made

therein.

1840. ImprUmmentfir Debt^ Ireland. Cap. 106. 643

therein, except bo far as the Effect thereof may be varied by
this Act

XXX. And be it enacted, That in all Cases where final J^^^^ °^
Judgment shall be obtained in any Action or Suit in any infol^j^upts.
Inferior Court of Record, in which at the Time of passing of

this Act a Barrister of not less than $ix Years standing shall
act as Judges Assessor, or Assistant in the Trial of Causes, and
also in all Cases where any Rule or Order shall be made by any
such InferiiH' Court of Record as aforesaid, whereby any Sum
of Money, or any Costs, Charges, or.Expences shall be payable
to any Person, it shall be lawful for the Judges of any of Her
Majesty's Superioi Courts of Record at Dublin^ or for any Judge
of any of the said Courts at Chamber, either in Terra or
Vacation, upon the Application of any Person who at the Time
of the Commencement of this Act shall have recovered oi who
shall at any Time thereafter recover such Judgment, or to
whom any Money or Costs, Charges or Expences, shall be
payable by such Rule or Order as aforesaid, or upon the App^^*
cation of any Person on his Behalf, and upon the Production of
die Record of such Judgment, or upon the Production of sucb
Rule or Order, such Record, or Rule or Order, as the Cas^
may be, being respectively under the Seal of the Inferior Court
and Signature of the proper Officer thereof, to order and direct
the Judgment, or (as the Case may be) the Rule or Order of
such Inferior Court, to be removed into the said Superior Court ;
and immediately thereupon such Judgment, Rule, or Order shall
be of the same Force, Charge, and Effect as a Judgment
I'ecovered in or a Rule or Order made by such Superior Court ;
and all Proceedings shall and may be immediately had and taken
thereupon, or by reason or in consequence thereof, as if such
Judgment so recovered, or Rule or Order so made, had been
originally recovered in or made by the said Superior Court; and
all the reasonable Costs and Charges attendant upon such
Application and Removal shall be recovered in like Manner as
if the same were Part of such Judgment, or Rule or Order :
Provided always, that no such Judgment, or Rule or Order
when so removed as aforesaid, shall affect any Lands, Tene-
ments, or Hereditaments as to Purchasers, Mortgagees, or
Creditors any further tlian the same would have done if the
same had remained a Judgment, Rule, or Order of such
Inferior Court, unless and until a Writ of Execution thereon
shall be actually put into the Hands of the Sheriff or other
Officer appointed to execute the same: Provided also, that
nothing herein contained shall extend or apply to any Decree,
Dismiss, Rule, or Order of any Assistant Barrister, or any
Order of any Judge made upon any Appeal from any such
Decree or Dismiss, or to any Decree or Order of any Manor
Court,' or to any Order made upon any Appeal from any such
Decree or Order.

XXXI. * And whereas there is no Remedy provided by Law Executors may

* for Injuries to the Real Estate of any Person deceased, com- foJ^njur^M to

* mitted in his Lifetime, nor for certain Wrongs done by a the Real Estnti^

( Person of the deceased.

644

Cap. 105.

Imprisonmeni for Debt^ IrelanL 3 & 4 Yici*

and Actions
may be brought
against Execu-
tors for an In-
jury to Pro-
perty, Real or
Personal, by
their TesUtor.

Limitation of
Action of Debt
on Specialties*
Ac

Infants, Femes
Covert, &c.

* Person deceased in his Lifetime to another in respect of his

* Property Real or Personal;* for Remedy thereof be it enacted^
That an Action of Trespaas or Trespass on the Case (as the
Case may be) may be maintained by the Executors or AdBii*
nistrators of any Person deceased for any Injury to the Real
Estate of such Person committed in his Lifetime for which an.
Action might have been maintained by such Person, so as such
Injury shall have been committed within Six Calendar Months
before the Death of such deceased Person, and provided saeh
Action shall be brought within One Year after the Death of
such Person ; and the Damages, when recovered, shall be Part
of the Personal Estate of such Person; and further that an
Action of Trespass or Trespass on the Case (as the Case may
be) may be maintained against the Executors or Administrators
of any Person deceased for any Wrong committed by him vn>
his Lifetime to another in respect of his Property, Real or
Personal, so as such Injury shall have been committed within
Six Calendar Months before such Person's Death,, and so as
such Action shall be brought within Six Calendar Months after
such Executors or Administrators shall have taken upon them-*
selves the Administration of the Estate and Effects of such
Person ; and the Damages to be recovered in such Action shall
be payable in like Order of Administration as the Simple-
Contract Debts of such Person.

XXXII. And be it enacted. That all Actions of Debt for
Rent upon an Indenture of Demise, all Actions of Covenant
or Debt upon any Bond or other Specialty, and all Actions of
Debt or Scire facias upon any Recognizance, and also all Actions
of Debt upon any Award where the Submission is not by
Specialty, or for any Fine due in respect of any Copyhold
Estates, or for an Escape, or for Money levied on any Fieri
facias, and all Actions for Penalties, Damages, or Sums of
Money given to the Party grieved by any Statute now or here-
after to be in force, that shall be sued or brought at any Time
after the Time when this Act shall commence and take effect,
sliall be commenced and sued within the Time and Limitation
herein-after expressed, and not after; (that is to say,) the said
Actions of Debt for Rent up»n an Indenture of Demise, or
Covenant or Debt upon any Bond or other Specialty, Actions
of Debt or Scire facias, upon Recognizance, within Ten Years
after the End of this present Session, or within Twenty Years
after the Cause of such Actions or Suits, but not after ; the
said Actions by the Party grieved One Year after the End of
this present Session, or within Two Years after the Cause of
such Actions or Suits, but not after ; and the said other Actions
within Three Years after the End of this present Session, or
within Six Years after the Cause of such Actions or Suits, but
not after ; provided that nothing herein contained shall extend
to any Action given by any Statute where the Time for bringing
such Action is or shall be by any Statute specially limited.

XXXIIL And be it enacted, That if any Person or Persons
that is or are or shall be entitled to any such Action or Suit,

or

1840- Impnsonmeni for Debt, Ireland. Cap. 105. 645

or to such Scire facias, is or are, or shall be at the Time of any

such Cause of Action accrued, witliin the Age of Twenty-one

Years, Feme Covert, non compos mentis, or beyond the Seas,

then such Person or Persons shall be at liberty to bring the

same Actions, so as they commence the same within such Times

after their coming to or being of full Age, discovert, of sound

Memory, or returned from beyond the Seas, as other Persons

having no such Impediment should, according to the Provisions

of this Act, have done ; and that if any Person or Persons Absence of

?igainst whom there shall be any such Cause of Action is or ^^^^^ge^g

are or shall be at the Time such Cause of Action accrued provided for.

beyond the Seas, then the Person or Persons entitled to any

such Cause of Action shall be at liberty to bring the same

against such Person or Persons within such Times as are before

limited, after the Return of such Person or Persons from

beyond the Seas.

XXXIV. Provided always, and be it enacted. That if any Acknowiedg-
Acknowledgment shall have been made, either by Writing ?*™*J"p^*'
signed by the Party liable by virtue of such Indenture, Spe- ^yajtosioiu
cialty, or Recognizance, or his Agent, or by Part Payment or

Part Satisfaction on account of any Principal or Interest being
then due thereon, it shall and may be lawful for the Person
or Persons entitled to such Actions to bring his or their Action
for the Money remaining unpaid and so acknowledged to be
due within 'fwenty Years after such Acknowledgment by
Writing or Part Payment or Part Satisfaction as aforesaid ; or
in case the Person or Persons entitled to such Action shall at
the Time of such Acknowledgment be under such Disability
as aforesaid, or the Party making such Acknoi^ledgment be at
the Time of making the same beyond the Seas, then within
Twenty Years after such Disability shall have ceased as afore-
said, or the Party shall have returned from beyond the*Seas
(as the Case may be) ; and the Plaintiff or Plaintiffs in any
such Action on any Indenture, Specialty, or Recognizance may,
by way of Replication, state such Acknowledgment, and that
such Action was brought within the Time aforesaid in answer
to a Plea of this Statute.

XXXV. And be it enacted, if in any of the said Actions The Limitation
Judgment be given for the Plaintiff, and the same be reversed after Judgment
by Error, or a Verdict pass for the Plaintiff, and upon Matter yeversecL^'^
alleged in Arrest of Judgment the Judgment be given against

the Plaintiff, that he take nothing by his Plaint, Writ, or Bill,
or if in any of the said Actions tlie Defendant shall be owir
lawed, and shall after reverse the Outlawry, That in all such
Cases the Party Plaintiff, his Executors or Administrators (as
the Case shall require), may commence a new Action or Suit
from Time to Time within a Year after such Judgment re-
versed, or such Judgment given against the Plaintiff, or Out*
lawry reversed, and not after.

XXXVI. And be it enacted. That no Part of the United No Part of the
Kingdom of Great Britain and Ireland, nor the Islands of Man, F™**L^^JJJ^
Guernsey, Jersey, Aldemey, and Sark, nor any Islands adjacent a^ed beyond

to the Seas within

646

the IVfeaning of
this Act*

Restriction as
to Plea in
abatement for
Nonjoinder of a
Co-defendant.

Reply of PlauiR
tiff to Plea in
abatement of
Nonjoinder.

In case of sub-
sequent Pro-
ceedings against
the Persons
named in a Plea
in abatement.

Misnomer not
to be pleaded
in abatement.

Initials of
Names may be

Cap. 105* Imprisomhent for Debi^ IrelanJL 3 & 4 Vict*

to any of them, being Part of the Dominions of Her Majesty,
shall be deemed to be beyond the Seas within the Meaning of
this Act, or of the Act passed in the Tenth Year of the Reign
of King ChUrks the First, intituled An Act fir Limitation of
Actions^ and fir avoiding of Suits in Laxo,

XXXVIL And be it enacted. That no Plea in abatement
for the Nonjoinder of any Person as a Co-defendant shall be
allowed in any Court of Common Law unless it shidl be stated
in such Plea that such Person is resident within the Jurisdiction
of the Court, and unless the Place of Residence of such Person
shall be stated with convenient Certainty in an Affidavit veri-
fying such Plea.

XXXVIII. And be it enacted, That to any Plea in abate-
ment in any Court of Law of the Nonjoinder of another Person
the Plaintiff may reply that such Person has been discharged
by Bankruptcy and Certificate, or under an Act for the Relief
of Insolvent Debtors*

XXXIX. And be it enacted, That in all Cases in whicb,
after such Plea in abatement, the Plaintiff shall, without having
proceeded to Trial upon an Issue thereon, commence another
Action asainst the Defendant or Defendants in the Action in
which such Plea in abatement shall have been pleacled, and the
Person or Persons named in such Plea in abatement, as joint
Contractors, if it shall appear by the Pleadings in such subse-
quent Action, or on the Evidence at the Trial thereof, that all
the original Defendants are liable, but that One or more of the
Persons named in such Plea in abatement, or any subsequent
Plea in abatement, are not liable as a contracting Party or
Parties, the Plaihtiff shall nevertheless be entitled to Judgment,
or to a Verdict and Judgment (as the Case may be), against
the other Defendant or Defendants who shall appear to be
liable ; and every Defendant who is not so liable shall have
Judgment, and shall be entitled to his Costs as against the
Plaintiff, who shall be allowed the same as Costs in the Cause
against the Defendant or Defendants who shall have so pleaded
in abatement the Nonjoinder of such Person ; provided that
any such Defendant who shall have so pleaded in abatement
shall be at liberty on the Trial to adduce Evidence of the
Liability of the Defendants named by him in such Plea in
abatement.

XL. And be it enacted. That no Plea in abatement for a
Misnomer shall be allowed in any personal Action, but tliat in
all Cases in which a Misnomer would but for this Act have
been by Law pleadable in abatement in such Actions, the
Defendant shall be at liberty to cause the Declaration to be
amended, at the Costs of the Plaintiff^ by inserting the right
Name upon a Judge's Summons, founded on an Affidavit of the
right Name ; and in case such Summons shall be discharged
the Costs of such Application shall be paid by the Party
applying, if the Judge shall think fit.

XLL And be it enacted. That in all Actions upon Bills of
Exchange, or Promissory Notes, or other written Instruments,

any

1840. Imprisonment for Ddtt, Ireland: Cap. 105. 647

any of the Parties to which are designated by the initial Letter used in some
or Letters, or some Contraction of the Christian or first Name ^^^^*
or Names, it shall be sufficient in every Affidavit to hold to
Bail, and in the 'Process or Declaration to designate such Per-
sons by die same initial Letter or Letters or Contraction of
the Christian or first Name or Names, instead of stating the
Christian or first Name or Names in full.

XLIL And be it enacted, That no Wager of Law shall be Wager of Law
hereafter allowed. aboiidied.

XLIII. And be it enacted, That an Action of Debt on Simple Action of Debt
Contract shall be maintainable in any Court of Ccnnmon Law J^"^^® ^^^"
against any Executor or Administrator.

XLIV. < And whereas it is expedient to lessen the Expence Power for the

* of the Proof of written or printed Documents, or Copies J^Jlti^ ™^®

* thereof, on the Trial of Causes ;' be it enacted, That it shall to the Admis-
and may be lawful for the Judges of the Superior Courts of non of written
CoAimon Law at Dublinj or any Eight or more of them, of ^^^"^^
whom the Chiefs of each of the said Courts shall be Three, at

any Time within Five Years after this Act shall take efiPect,
to make Regulations by general Rules or Orders from Time
to Time, in Term or in Vacation, touching the voluntary
Admission, upon an Application for that Purpose at a reason*
able Time before the Trial, of one Party to the other of all
such written or printed Documents, or Copies of Documents,
as are intended to be offered in Evidence on the said Trial by
the Party requiring such Admission, and touching the Inspection
thereof before such Admission is made, and touching the Costs
which may be incurred by the Proof x>f such Documents or
Copies on the Trial of the Cause in case of the omitting to
apply for such Admission, or the not producing of such Docu-
ment or Copies for the Purpose of obtaining Admission thereof
or of the Refusal to make such Admission (as the Case may
be), and as to the said Judges shall seem meet ; and all such
Rules and Orders shall be binding and obligatory in all Courts
of Common Law, and of the like Force as if the Provisions
therein contained had been expressly enacted by Parliament.

XLV. And be it enacted. That, from and after the First Sherifl&toname
Day of January One thousand eight hundred and forty-one, the i^^« ^ ^
Sheriff of each County in Ireland shall severally name a sufficient Dublin.
Deputy, who shall be resident or have an Office within One
Mile from the Four Courts, Dublin^ for the Receipt of Writs,
granting Warrants thereon, making Returns thereto, and ac-
cepting of all Rules and Orders to be made on or touching the
Execution of any Process or Writ to be directed to such
Sheriff.

XLVL And be it enacted. That it shall be lawful for the Defendant to
Defendant in all personal Actions (except Actions for Assault ^ ^x^eA to
and Battery, false Imprisonment, Libel, Slander, malicious court in ©er^^
Arrest or Prosecution, Criminal Conversation, or debauching tain Actions by
of the Plaintiff's Daughter or Servant), by Leave of any of the ^^^^^°"''
said Superior Courts where such Action is pending, or a Judge °' "^®*
of any of the said Superior Courts, to pay into Court a Sum of

Money

648 Gap. 105. Imprisonmeni for Debtj Ireland. 3 & 4 Vicr,

Money by way of Compensation or Amends, in such Ifanner*

and under such Regulations as to the Payment of Costs and

the Form of pleading, as the said Judges, or such Eight or

more of thipm as aforesaid, shall, by any Rules or Orders bjr

them to be from Time to Time made, order and direct.

Power to direct XLVIL * And whereas unnecessary Delay and Expence U

local Actions to < sometimes occasioned by the Trial of local Actions in th^

County.*" *"^ * County where the Cause of Action has arisen ;' be it therefbiv

enacted, That in any Action depending in any of the said

Superior Courts, the Venue in which is by Law local, the Court

in which such Action shall be depending, or any Judge of any

of the said Courts, may, on the Application of either Party,

order the Issue to be tried, or Writ of Inquiry to be executed,

in any other County or Place than that in which the Venue i^

laid ; and for that Purpose any such Court or Judge may order

a Suggestion to be entered on the Record that the Trial may

be more conveniently had, or Writ of Inquiry executed, in the

County or Place where the same is ordered to take place.

Allowing XLVIII. * And whereas great Expence is often incurred,

^^ZdTTth^ ' a°^ I^elay or Failure of Justice takes place at Trials, by

Record in cer- * reason of Variances as to some Particular or Particulars be-

tain Cases. < tween the Proof and the Record, or setting forth on the

* Record or Document on which the Trial is had, of Contracts,

* Customs, Prescriptions, Names, and other Matters or Circniii-
^ stances not material to the Merits of the Case^ and by the

* Mis-statement of which the opposite Party cannot have been

* prejudiced, and the same cannot in any Case be amended at

* ^e Trial, except where the Variance is between any Matter
« m Writing or in Print produced in Evidence and the Record:
^ And whereas it is expedient to allow such Amendments as

* herein-after mentioned to be made on the Trial of the Cause;'
be it therefore enacted. That it shall be lawful for any Coon
of Record holding Plea in Civil Actions, and any Judge sitting
at Nisi Prius, if such Court or Judge shall see fit so to do, lo
cause the Record, Writ, or Document on which any Trial may
be pending before any such Court or Judge in any Civil Action,
or in any Information in the Nature of a Quo warranto, or
Proceedings on a Mandamus, when any Variance shall appear
between the Proof and the Recital or setting forth on the
Record, Writ, or Document on which the Trial is proceeding;
of any Contract, Custom, Prescription, Name, or otiier Matter
in any Particular or Particulars, in the Judgment of such Court
or Judge not material to the Merits of the Case, and by which
the opposite Party cannot have been prejudiced in the Conduct
of his Action, Prosecution, or Defence, to be forthwith amended
by some Officer of the Court or otherwise, both in tlie Part of
the Pleadings where such Variance occurs and in every oth^r
Part of the Pleadings which it may become necessary to amend,
on such Terms as to Payment of Costs to the other Party, or
postponing the Trial to be had before the same or another Jury,
or both Payment of Costs and Postponement, as such Court or
Judge shall think reasonable ; and in case such Variance shall

5 be

1840. imprisonment for DAt^ Ireland. Cap. 105. ^^^

be in some Particular or Particulars in the Judgment of such
Court or Judge not material to the Merits of the Case, but such
as that the opposite Party may have been prejudiced thereby
in the Conduct of his Action, Prosecution, or Defence, then
such Court or Judge shall have Power to cause the same to be
amended upon Payment of Costs to the other Party, and with-
drawing the Record or postponing the Trial as aforesaid, as
such Court or Judge shall think reasonable; and after any
such Amendment the Trial shall proceed, in case the same shall
be proceeded with, in the same Manner in all respects, both
with respect to the Liability of Witnesses to be indicted for
Perjury and otherwise, as if no such Variance had appeared ;
and in case such Trial shall be had at Nisi Prius the Order for
the Amendment shall be endorsed on the Postea or the Writ
(as the Case may be), and returned together with the Record
or Writ, and thereupon such Papers, Rolls, and other Records
of the Court from which such Record or Writ issued, as it may
be necessary to amend, shall be amended accordingly ; and in
case the Trial shall be had in any Court of Record, then the
Order for Amendment shall be entered on the Roll or other
Document upon which the Trial shall be had ; provided that it
shall be lawful for any Party who is dissatisfied with the Decision
of such Judge respecting his Allowance of any such Amendment
to apply to the Court from which such Record or Writ issued
for a new Trial upon that Ground, and in case any such Court
shall think such Amendment improper a new Trial shall be.
granted accordingly, on such Terms as the Court shall think
fit, or the Court shall make such other Order as to them may
seem meet

XLIX. And be it enacted, That the said Court or Judge Power for the
shall and may, if they or he think fit, in all such Cases of ^'^^^^t^''
Variance, instead of causing the Record or Document to be Facts to be
amended as aforesaid, direct the Jury to find the Fact or Facts found specially,
according to the Evidence, and thereupon such Finding shall
be stated on such Record or Document; and notwithstanding
the Finding on the Issue joined, the said Court, or the Court
from which the Record has issued, shall, if they shall think
the said Variance immaterial to the Merits of tbe Case, and
the Mis-statement such a^ could not have prejudiced the oppo-
site Party in the Conduct of the Action or Defence, give Judg-
ment according to the very Right and Justice of the Case.

L. And be it enacted. That it shall be lawful for the Parties Power to sute
in any Action or Information, after Issue joined, by Consent, * ^^^ ^^**®
and by Order of any of the Judges of the said Superior Courts, ceedingto Trial,
to state the Facts of the Case in the Form of a special Case
for the Opinion of the Court, and to agree that a Judgment
shall be entered for the Plaintiff or Defendant, by Confession or
of Nolle prosequi, immediately after the Decision of the Case,
or otherwise as the Court may think fit, and Judgment shall be
entered accordingly. Witnesses in-

LI. And in order to render the Rejection of Witnesses on terested solely
the Ground of Interest less frequent, be it enacted, That if theTeXt to

any be admissible.

650

Cap. 105.

Imprisonment far Debt, Ireland. 3 & 4 Vicr*

Names of such
Witnesses to be
endorsed on the
Record.

Jury empowered
to sdlow In*
terest upon
Debts.

. In certain
Actions the
Jury may give
Damages in the
Nature of In-
terest.

Interest to be
allowed on all
Writs of Error
for the Time
that Execution
has been de-
layed.

any Witness shall be objected to as incompetent on the Ground
that the Verdict or Judgment in the Action on which it shall be
proposed to examine him would be admissible in Evidence for
or against him, such Witness shall nevertheless be examined;
but in that Case a Verdict or Judgment in that Action in &vour
of the Party on whose Behalf he shall have been examined
shall not be admissible in Evidence for him, or any one claim-
ing under him, nor shall a Verdict or Judgment against the
Party on whose Behalf he shall have been examined be ad*
missible in Evidence against him, or any one claiming under
him.

LII. And be it enacted, That the Name of every Witness
objected to as incompetent on the Ground that such Verdict
or Judgment would be admissible in Evidence for or against
him shall at the Trial be endorsed on the Record or Document
on which tlie Trial shall be had, together with the Name of the
Party on whose Behalf he was examined, by some Officer of
the Court, at the Request of either Party, and shall be after*
wards entered on the Record of the Judgment; and such
Endorsement or Entry shall be sufficient Evidence that such
Witness was examined in any subsequent Proceeding in which
the Verdict or Judgment shall be offered in Evidence,

LII I. And be it enacted. That upon all Debts or Sums cer-
tain, payable at a certain Time or otherwise, the Jury on the
Trial of any Issue^ or on any Inquisition of Damages, may, if
they shall think fit, allow Interest to the Creditor at a Rale
not exceeding the current Rate of Interest, from the Time
when such Debts or Sums certain were payable^ if such Debts
or Sums be payable by virtue of some written Instrument at
a certain Time, or if payable otherwise then from the Time
when Demand of Payment shall have been made in Writing^
so as such Demand shall give Notice to the Debtor that Interest
will be claimed from the Date of such Demand until the Term
of Payment ; provided that Interest shall be payable in all Cases
in which it is now payable by Law ; and provided also, that
such Interest so to be allowed by such Jury shall not be so
allowed for any Period exceeding Six Years*

LIV. And be it enacted. That the Jury on the Trial of any
Issue, or on any Inquisition of Damages, may, if they shall
think fit, give Damages in the Nature of Interest, for any
Period not exceeding Six Years, over and above the Value of
the Goods at the Time of the Conversion or Seizure, in all
Actions of Trover or Trespass de bonis asportatis, and over
and above the Money recoverable in all Actions on Policies
of Assurance made after the passing of this Act*

LV. And be it enacted. That if any Person shall sue out
any Writ of Error upon any Judgment whatsoever given in
any Court in any Action personal, and the Court of Error
shall give Judgment for the Defendant thereon, then Interest
shall be allowed by the Court of Error for such Time as Exe-
cution lias been delayed by such Writ of Error for the defraying
thereof.

LVL And

1840. Iwpmonmioid f(n^ DAU Jrd^ Cap«l05. 651

LVI. And be it enacted^ That in every Action brought by Executoresmng
toy Executor or Administrator in right of the Testator or In- j^tor'to^
testate, sudi Executor or Administrator shall, unless die Court costs in case of
in which such Action is brought, or a Judffe of any of the said Nonsuit, Ac
Superior Courts, shall otherwise order, be liable to pay Costs to
the Defendant in case of being nonsuited, or a Verdict passing
against the Plaintiff, and in all other Cases in which he would
be liable if such Plaintiif were suing in his own Right upon a
Cause of Action accruing to himself; and the Defendant shall
have Judgment for such Costs, and diey shall be recovered in
like Manner.

LVII. And be it enacted. That where several Persons shall One or more
be made Defendants in any personal Action, and any One or ^T'^JT^-J^
more of them shall have a Nolle prosequi entered as to him or Aotioo, harlng
them, or upon the Trial of such Action shall have a Verdict a NoUe proK-
pas8 for him or them, every such Person shall have Judgment l^/^'tyh'^c
for and recover his reasonable Costs, unless, in the Case of a costs.
Trial, the Judge before whom such Cause shall be tried shall
certify upon the Record, under his Hand, that there was a
reasonable Cause for making such Person a Defendant in such
Action.

LVIII. And be it enacted. That where any Nolle prosequi Where Nolle
shall have been entered upon any Count, or as to Part of any tw^i^n'any
Declaration, the Defendant shall be entitled to and have Judg- Count, &g:
ment for and recover his reasonable Costs in that Behalf.

LIX. And be it enacted. That in all Writs of Scire facias Plaintiff in
the Plaintiff obtaining Judgment on an Award of Execution p,JS^t^^ """"^
shall recover his Costs of Suit upon a Judgment by Default, Defendant on
as well as upon a Judgment after Plea pleaded or Demurrer Demurrer to
joined ; and that where Judgment sliall be given either for or ^"^^ ^***^
against a Plaintiff or Demandant, or for or against a Defen-
dant or Tenant, upon any Demurrer joined in any Action
w^hatever, the Party in whose Favour such Judgment shall be
given shall also have Judgment to recover his Costs in that
Behalf.

LX. ^ And whereas it is provided in and by a Statute passed Costs of special
in the Session of Parliament held in the Third and Fourth ^^'^J^^
Years of the Reign of His late Majesty King William the
Fourth, intituled Jn Act for cansoliiUiting and amending the 3&4\'i^.4.c.9i.
Law relative to Jurors and Juries in Ireland, that the Person
or Party who shall apply for a Special Juiy shall pay the
Fees for striking such Jury, and all the Expences occasioned
by the Trial of the Cause by the same, and shall not have
any further or other Allowance for the same, upon Taxation
of Costs, than such Person or Party would be entitled unto
in case the Cause had been tried by a Common Jury, un-
less the Judge before whom the Cause is tried sliall, imme-
diately after the Verdict, certify under his Hand, upon the
Back of the Record, that the same was a Cause proper to be
tried by a Special Jury: And whereas the said Provision
does not apply to Cases in which the Plaintiff has been non-
suited, and it is expedient that the Judge should have such
[No. 42, Price 2d.^ T t * Power

652 Cap. 105. Imprisonment fir Debt, Ireland. 3 & 4 ViCK

;* Power of certifying as well when a Plaintiff is nonsuited as
* when he lias a Verdict against him ;' be it therefore enacted.
That the said Provision of the said last-mentioned Act of Par-
liament, and every thing therein contained, shall apply to
Cases in which the Plaintiff shall be nonsuited as well as to
Cases in which a Verdict shall pass against him.
Executors of LXI. And be it enacted, That it shall be lawful for the

Lessor may dis- Exccutors or Administrators of any Lessor or Landlord to
ioJUs Lifedme! distrain upon the Lands demised, for any Term or at Will, for

the Arrearages of Rent due to such Lessor or Landlord in his
Lifetime, in like Manner as such Lessor or Landlord might
have done in his Lifetime.
Arrears may be LXIL Aud be it enacted, That such Arrearages may be
*'v""ffi ^^ distrained for after the End or Determination of such Term
Months after ^^ Lease at Will, in die same Manner as if such Term or
Determination Lease had not been ended or determined ; provided that such
of Term. Distress be made within the Space of Six Calendar Months

after the Determination of such Term or I^ease, and during the
Continuance of the Possession of the Tenant from whom such
Arrears became due; provided also, that all and every the
Powers and Provisions in the several Statutes made relating
to Distresses for Rent shall be applicable to the Distresses so
made as aforesaid.
Submission to LXIIL * And whereas it is expedient to render References
Arbitration by c xjq Arbitration more effectual ; be it enacted. That the Power
&c" n<^ to bT" *"^^ Authority of any Arbitrator or Umpire appointed by or
revocable with- in pursuance of any Rule of Court, or Judge's Order, or Order
out Leave of of JNisi Prius, in any Action now brought, or which shall be
ourt. hereafter brought, or by or in pursuance of any Submission to
Reference containing an Agreement that such Submissioa
shall be made a Rule of any of Her Majesty's Courts of Re-
cord, shall not be revocable by any Party to such Reference,
without the Leave of the Court by which such Rule or Order
shall be made, or which shall be mentioned in such Submis-
sion, or by Leave of a Judge ; and the Arbitrator or Umpire
shall and may and is hereby required to proceed with the
Reference, notwithstanding any such Revocation, and to make
such Award, although the Pei^^on making such Revocation
shall not afterwards attend the Reference ; and that the Court,
or any Judge thereof, may from Thne to Time enlarge the
Term for any such Arbitrator making his Award.
Power to com- LXIV. And be it enacted, That when any Reference shall
pel the Attend- have been made by any such Rule or Order as aforesaid, or by
ance o i ^^^ Submission containing such Agreement as aforesaid, it diall

be lawful for the Court by which sudh Rule or Order «hall be
made, or which shall be mentioned in such Agreement, or for
any Judge, by Rule or Order to be made for that Purpose, to
command the Attendance and Examination of any Person to
be named or the Production of any Documents to be men-
tioned in such Rule or Order; and the Disobedience to any
such Rule or Order shall be deemed a Contempt of Court
if, in addition to the Service of such Rule or Order, an Ap-
pointment

nesses.

1840.

Impruonment for Dtbt^ Ireland.

Cap. 105.

653

pointment of the Time and Place of Attendance in obedience
thereto, signed by One at least of the Arbitrators, or by the
Umpire, before whom the Attendance is required, shall also be
served either together with or after the Service of such Rule
or Order: Provided always, that every Person whose AXr
tendance shall be so required shall be entitled to the like Con-
duct Money, and Payment of Expences and for Loss of Time,'
as for and upon Attendance at any Trial ; provided also, that
the Application made to such Court or Judge for such Rule or
Order shall set forth the County where such Witness is residing
at the Time, or satisfy such Court or Judge that such Person
cannot be found ; provided also, that no Person sliall be com-
pelled to produce, under any such Rule or Order, any Writing
or other Document that he would not be compelled to produce at
a Trial, or to attend at more than Two consecutive Days, to be
named in such Order.

LXV. And be it enacted. That when in any Rule or Order Power for the
of Reference, or in any Submission to Arbitration containing ^J?**'^*^ig f
an Agreement that the Submission shall be made a Rule of court to admi-
<!]!ourt, it shall be ordered or agreed that the Witnesses upon nister an Oath,
such Reference shall be examined upon Oat;h, it shall be lawful
for the Arbitrator or Umpire^ or any One Arbitrator, and he
or they are hereby authorized and required, to administer an
Oath to such Witnesses, or to take their Affirmation in Cases
where Affirmation is allowed by Law instead of Oath ; and if
upon such Oath or Affirmation any Person making the same
shall wilfully and corruptly give any false Evidence, every
Person so offending shall be deemed and taken to be guilty
of Perjury, and shall be prosecuted and punished accord- -
ingly.

LXVL ' And whereas great Difficulties and Delays may be
experienced, and sometimes a Failure of Justice may take
place, in Actions depending in Courts of Law in Ireland^ by
reason of the Want of a competent Power or Authority in
the said Courts to ordei" and enforce the Examination of
Witnesses, when the same may be required, before the Trial
of a Cause: And whereas by an Act passed in the Parlia-
ment of Great Britain in the Thirteenth Year of the Reign
of His late Majesty King Gearpe the Third, intituled An Act is G. s. c. 63.
for the establishing certain Regulations for the better Manage^
ment of the Affairs of the East India Company as well in India
as in Europe, certain Powers are given and Provisions made
for the Examination of Witnesses in India in the Cases
therein mentioned : And whereas by an Act passed in the
First Year of the Reign of His late Majesty King William
the Fourth, intituled An Act to enable Courts of Law to order i w. 4. c. 22.
the Examination of Witnesses upon Interrogatories, and otherwise^
further Provisions were made in relation to the Examination
of Witnesses in all Colonies, Islands, Plantations, and Places
under the Dominion of the Crown of England in Foreign ,

Parts : And whereas it is expedient to extend to Ireland cer-
tain Provisions of the said Two last-mentioned recited Acts ;'

T t 2 be

654

Powers of the
recited Acts ex-
tended to all
Actions in the
Courts at Dub-
lin, when Ext-
mination by
Comroistion
shall ap{)ear
necesssiry.

Judges to whom
the Commission
is directed em-
powered to en-
force the At-
tendance of
Witnesses.

Costs of Wriu
to be in the
Discretion of
the Court.

Courts at Dub-
lin may order
the Examina*
tion of Wit-
nesses within
their Jurisdic-
tion by an
OflSoerofthe
Court, or may
order a Com-
mission for that
Purpose out of
their Jurisdic-
tion.

Compelling
Attendance of

Cap. 105. Imprwmmentfor Dehtj Irdand. 3 & 4 Vict.

be it therefore enacted, That all and every the Powers, Autho*
rities, Provisions, and Matters contained in tlie said recited
Act of the Thirteenth Year of the Rei^ of His said late Majesty
King Gtorge the Third, relating to the Examination of Witnesses
in Indioy shall be and the same are^ with reference to all Actions
in any of Her Majesty's Courts of Law at Dublin^ hereby
extended to all Colonies, Islands, Plantations, and Places under
the Dominion of Her Majesty in Foreign Parts, and to the
Judges of the several Cburts therein, and to all Actions depend-
ing in any of Her Majestv's Courts of Law at Dublin^ in what
Place or County soever tne Cause of Action may have arisen,
and whether the same may have arisen within the Jurisdiction
of the Court to the Judges whereof the Writ or Commission
may be directed, or elsewhere, when it shall appear that the
Examination of Witnesses under a Writ or Commission issued
in pursuance of the Authority hereby given will be necessary
or conducive to the due Administration of Justice in the Matter
wherein such Writ shall be applied for.

LXVII. And be it enacted, When any Writ or Commission
shall issue under the Authority of the said last-mentioned Act
and of this Act, or of the Power herein-before given by this
Act, the Judge or Judges to whom the same shall be directed
shall have the like Power to compel and enforce the Attendance
and Examination of Witnesses as the Court whereof they are
Judges does or may possess for that Purpose in Suits or Causes
depending in such Court

LXVIII. And be it enacted. That the Costs of every Writ
or Commission to be issued under the Authority of the said
last-mentioned Act and of this Act, or of the Power herein-
before given by this Act, in any Action at Law depending
in either of the said Courts at Lhiblhi^ and of the Proceedings
thereon, shall be in the Discretion of the Court issuing the
same,

LXIX. And be it enacted, That it shall be lawful to and
for each of the said Courts at Dublin^ and the several Judges
thereof, in every Action depending in such Court, upon the
Application of any of the Parties to such Suit, to order tlie
Examination on Oath, upon Interrogatories or otherwise, before
the Prothonotary or Clerk of the Pleas respectively of the said
Court, or other Person or Persons to be named in such Order,
of any Witnesses within the Jurisdiction of the Court where
the Action shall be depending, or to order a Commission to
issue for the Examination of Witnesses on Oath at any Place
or Places out of such Jurisdiction, by Interrogatories or other-
wise, and by the same or any subsequent Order or Orders to
give all such Directions touching the Time, Place, and Manner
of such Examination, as well within the Jurisdiction of the
Court wherein the Action shall be depending as. without, and
all other Matters and Circumstances connected with such Ex-
aminations as may appear reasonable and just

LXX. And be it enacted, That when any Rule or Order
shall be made for the Examination of Witnesses within the

Jurisdiction

1840. Imprisonment for Debt, Ireland^ Cap. 105. 655

Jurisdiction of the Court wherein the Action shall be depending Witnesses, or
by Authority of this Act, it shall be lawful for the Court, or Sj^^ilJS.''^
any Judge thereof, in and by the first Rule or Order to be
made in the Matter, or any subsequent Rule or Order, to
command the Attendance of any Person to be named in such
Rule or Order for the Purpose of being examined, or the Pro-
duction of any Writings or other Documents to be mentioned
in such Rule or Order, and to direct the Attendance of any
such Person to be at his own Place of Abode or elsewhere, if
necessary or convenient so to do ; and the wilful Disobedience Disobedience to
of any such Rule or Order shall be deemed a Contempt of ^ deemed a
Court, and Proceedings may be thereupon had by Attachment c^urt. ^
(the Judge's Order being made a Rule of Court before or at
the Time of the Application for an Attachment), if, in addition
to the Service of the Rule or Order, an Appointment of the
Time and Place of Attendance in obedience thereto, signed
by the Person or Persons appointed to take the Examination,
or by One or more of such Persons, shall be also served
together with or after the Service of such Rule or Order:
Provided always, that every Person whose Attendance shall be Payment of
so required shall be entitled to the like Conduct Money and Expcnoea.
Payment for Expences and Loss of Time as upon Attendance at
a Trial : Provided also, that no Person shall be compelled to Proviso as to
produce, under any such Rule or Order, any Writing or other Production of
Document that he would not be compellable to produce at a ^«^"™«"**-
Trial of the Cause.

LXXI. And be it enacted, That it shall be lawful for any Prisoners may
Sheriff, Gaoler, or other Officer having the Custody of any ^ f^^"^ ^^
Prisoner, to take such Prisoner for Examination under the fo^Eiaradna"*
Authority of this Act, by virtue of a Writ of Habeas corpus tioo.
to be issued for that Purpose, which Writ shall and may be
issued by any# Court or Judge under such Circumstances and in
such Manner as such Court or Judge may now by Law issue
the Writ commonly called a Writ of Habeas corpus ad testifi-
candum.

LXXn. And be it enacted, That it shall be lawful for all Examinations
and every Person authorized to take the Examination of Wit- of Witnesses to
nesses, by any Rule, Order, Writ, or Commission made or issued oath.*" "'^^
in pursuance of this Act, and he and they ai*e hereby autho*-
rized and required, to take all such Examinations upon the
Oath of the Witnesses, or Affirmation in Cases where Affirmation
is allowed by Law instead of Oath, to be administered by the
Person so authorized, or by any Judge of the Court wherein
the Action shall be depending; and if upon such Oath or Persons ^ying
Affirmation any Person making the same shall wilfully and ^^'f ^^**^®"5®
corruptly give any false Evidence, every Person so offending ^jj^^ ^^„,
shall be deemed and taken to be guilty of Perjury, and shall jury,
and may be indicted and prosecuted for such Offence in the
County wherein such Evidence shall be given, or in the
County of Dublin^ if the Evidence be given out of Ireland.

LXXHL And be it enacted. That it shall and may be lawful ^?™\* *p-
for the Prothonotary, or any other Persons to be named in any ^^ jExami-

T t 3 such nations to rcpjr^

656

to the Court
upon the Con-
ductor Absence
of Witnesses if
necessary.

Cap. 105.

Imprisonment for Debt^ Ireland. 3 & 4 ViCT.

Costs of the
Order for Exa^
mination may
be made Costs
in the Cause.

Restriction as
to the reading
of Examina-
tions or De-
positions with-
out Consent of
the Party.

Further Powers
granted for
taking Affi-
davits under
9G.2. (I.)
at the Foot of
'Memorials of
Assignments of
Judgments in
Ireland.

such Rule or Order as aforesaid for taking any Examination
in pursuance thereof, and he and they are hereby required,
to make, if need be, a special Report to the Court touching
such Examination, and the CJonduct or Absence of any Wit-
ness or other Person thereon or relating thereto; and the
Court is hereby authorized to institute such Proceedings and
make such Order and Orders upon such Report as Justice may
require, and as may be instituted and made in any Case of
Contempt of the Court.

LXXIV. And be it enacted, That the Costs of every Rule
or Order to be made for the Examination of Witnesses under
any Commission or otheHvise by virtue of this Act, and of
the Proceedings thereupon, shall (except in the Case herein-
before provided for) be Costs in the Cause, unless otherwise
directed either by the Judge making such Rule or Order, or by
the Judge before whom the Cause may be tried, or by the
Court

LXXV. And be it enacted. That no Examination or Depo-
sition to be taken by virtue of this Act shall be read in Evi-
dence at any Trial without the Consent of the Party against
whom the same may be offered, unless it shall appear to the
Satisfaction of the Judge that the Examinant or Deponent is
beyond the Jurisdiction of the Court, or dead, or unable from
permanent Sickness or other permanent Infirmity to attend the
Trial; in all or any of which Cases the Examinations and
Depositions, certified under the Hand of the Commissioners,
Master, Prothonotary, or other Person taking the same, shall
and may, without Proof of the Signature to such Certificate, be
received and read in Evidence, saving all just Exceptions.
LXXVI. * And whereas by an Act passed in the Parlia-*
ment of Ireland in the Ninth Year of tlie Reign of His late
Majesty King George the Second, intituled An Ad for the
more effectual assigning of Judgments^ and for the more speedy
Recovery of Rents by Distress, it was thereby, amongst other
things, enacted, that from and after the First Day of the then
next Easter Term, where any Conuzee or Conuzees of a
Judgment or Judgments, Statute Staple or Statute Merchant,
his, her, or their Executors, should assign the same to any
Person or Persons whatsoever, such Conuzee or Conuzees,
his, her, or their Executors or Administrators, should also
perfect a Memorial of such Assignment under his, her, of their
Hand and Seal, upon Parchment or Vellum, attested by Two
or more credible Witnesses, which Memorial should contain
the Name or Names and Addition of the Person or Persons
assigning such Judgment or Judgments, Statute Staple or
Statute Merchant, the Name or Names of the Person or Per-
sons to whom the same should be assigned, and the Sum or
Sums of Money mentioned in such Assignment or Assignments
to be remaining due and unsatisfied upon such Judgment or
Judgments, Statute Staple or Statute Merchant, with the
Day and Year when such Assignment or Assignments was or
were perfected, and that One of the Witnesses to such Memo-

* rial,

1840. hnpriionmentfir Debt, Ireland Gkp« lOow 657

< rial, who should be a Witness to the Assignment of such Judg-
' ment or Judgments, Statute Staple or Statute Merchant

< should make an Affidavit at the Foot of such Memorial of the

* true Perfection of such Assignment and Memorial, before the
•^ respective Officer or Officers, where such Judgment or Judg-

* ments, Statute Staple or Statute Merchant, were or should

* be entered, his or their legal Deputy or Deputies, or before
^ any One of the Judges of the Four Courts in Dybliny or
' before any One of the Judges of His Majesty's Courts at

* WestminxteTy who were thereby respectively empowered to take
*' such Affidavit or Affidavits : And whereas it is deemed ex*
*' pedient that further Facilities should be given for taking such

< Affidavits as aforesaid;' be it enacted. That it shall be lawful
for the said Judges of the Superior Courts of Law at Dublin^ or
any Eight or more of them as aforesaid, from Time to Time
to appoint any Person or Persons as Commissioners for taking
such Affidavits as aforesaid, and to revoke any such Appoint*
ment from Time to Time, and that such Persons so to be
appointed, and until some such Appointment shall be made, the
several Commissioners now or at any Time hereafter to be
appointed by Her Majesty's respective Courts of Law in Ireland
for taking Affidavits in England^ Scotland^ or Irelandj shall and
may and they are hereby respectively authorized and empowered
within their respective Districts to take the Affidavit or Affi-
davits prescribed by the herein-before recited Act at Foot of the
Memorial or Memorials of the Assignment of Judgments in Ire-
hmdj subject to such Rules or Direction as by the said Judges,
or any Eight or more of them as aforesaid, shall from Time
to Time be made in that Behalf; and such Affidavit or Affidavits
so taken (being conformable in every respect to the Requisites
prescribed by the said recited Act) sliall have the same Force
and Effect, and shall be received and enrolled in the respective
Office or Offices where such Judgment or Judgments are or
aiiall be entered,

LXXV^n. And be it enacted. That this Act shall extend to Construction
Aliens, Denizens, and Women, both to make them' subject ^^^^
thereto and to entitle them to all the Benefits given thereby ;
and all Powers given to or Duties directed to be performed by
the Lord Chancellor may be performed by the Lord Keeper or
Lords Commissioners of the Great Seal ; and all Powers given
to or Duties directed to be performed by the Court of Com-
missioners of Bankrupt may be performed by any One of the
Commissioners of the same Court; and thAt whenever this
Statute hath used Words importing the Singular Number or
the Masculine Gender only, it shall be understood to include
several Matters as well as one Matter, and several Persons as
well as one Person, and Females as well as Males, and Bodies
Corporate as well as Individuals, unless it be otherwise specially
provided, or there be something in the Subject or Context
repugnant to such Construction ; and that this Act shall not
extend to Great Britainy except where expressly mentioned.

T t 4 LXXVIU. And

65d

Penons making
false Oath or
Declaration
liable to the
Penalties of
Peijury.

Cap. 105.

Imjnisomnentfor Debt, Ireland* 3 & 4 Vict.

Aet maybe
amended, &c.

Commence-
ment of Act.

LX XVIII. And be it enacted. That if any Prisoner or other
Person taking an Oath under the Provisions of this Act shall
wilfully forswear and peijure himself in any Oath to be taken
under this Act, and shall be lawfully convicted thereof, the Per-
son so offending shall suffer such Punishment as may by Law
be inflicted on Persons convicted of wilful and corrupt Perjury ;
and that in all Cases wherein by this Act an Oath is required
the solemn Affirmation or Declaration of any Person being a
Quaker, or other Person by Law allowed to affirm or declare^
shall and may be accepted and taken in lieu thereof; and that
every Person making such Affirmation or Declaration, who shall
be convicted of wilful false Affirmation or Declaration, shall
incur and suffer such and the same Penalties as are inflicted
and imposed upon Persons convicted of wilful and corrupt
Teijury.

LXXIX. And be it enacted. That this Act may be amended,
altered, or repealed during this Session. of Parliament

LXXX. And be it enacted, That this Act shall, as to all
Matters not otherwise provided for, commence and come into
operation on the First Day of November One thousand eight
hundred and forty.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

Memorandum to be subscribed to the Writ of Capias.

This Writ is to be executed within One Calendar Month from
the Date thereof, including the Day of such Date, and not
afterwards.

A Warning to the Defendant.

If the Defendant, having given Bail on the Arrest, shall
omit to put in Special Bail, as required, the Plaintiff may pro-
ceed against the Sheriff, or on the Bail Bond.

Endorsements to be made on the Writ

Bail for Pounds, by Order of {naming Hie

Judge making the Order^* Dated this Day of

This Writ was issued by E. F. of Attorney for

the Plaintiff [or Plaintiffs] within named, who resides at

Or,

This Writ was issued in Person by the Plaintiff within named,
who residea at [mention the City^ Toum^ or Parishj and also the
Name of the Hamlet^ Street^ and Number of the House of the
Plaintiffs Residence^ if any such there ie].

SCHE-

1840.

Jn^pritomnmt far Ddft, Inland. Cap. 103, 106.

659

SCHEDULE (B.)

NMXMy &e«

of tbe Person

giving the

Warrant of

Attorney.

A.B, of

Itfanufiicturer.

Name, &o. '
of Person for
whom given.

CD. of

Merchant.

Number.

No.1.

Date

of

Ezecudon.

Jan.lylSS .

Date

of

FiHng.

Sums

for which

given.

Jan. 10.

^1,000.

Defeasance.

To secure

£50O
payable, &o.

CAP. CVI.

An Act for raising the Sum of Ten millions seven
hundred fifty-one thousand five hundred and fifty
Pounds by Exchequer Bills, for the Service of the
Year One thousand eight hundred and forty.

[10th August 1840.]

* Most Gracious Sovereign,
V^E, Your Majesty's most dutiful and loyal Subjects,
^ the Commons oi the United Kingdom of Great Britain
and Irelandj in Parliament assembled, towards raising tbe
necessary Supplies which we have cheerfully granted to Your
Majesty in this Session of Parliament, have resolved to give
and grant unto Your Majesty the Sum herein-after men-
tioned;' and do therefore most humbly beseech Your Majesty
that it may be enacted; and be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the
same. That it shall be lawful for the Commissioners of Her Ma-
jesty's Treasury of the United Kingdom of Great Britain and
Ireland at any Time or Times to cause or direct any Number
of Exchequer Bills to be made out at the Receipt of the Exche-
quer at iVestmiiister for any Sum or Sums of Money not ex-
ceeding in the whole the Sum of Ten millions seven hundred
fifty-one thousand five hundred and fifty Pounds, in the same
or like Manner, Form, and Order and according to the same

or

The Treasury
may raiae
10,751 ,5502.,
by Exchequer
BiUs in like
Manner as is
prescribed by
48 6. 3. c. 1.

660 Cap.106. Exchequer Bilk. d&4ViCT.

or like Rules and Directions, as are prescribed in an Act passed

in the Forty-eighth Year of the Reign of His Majesty King

George the Third, intituled An Act for regtdating the Issue and

paying off of Exchequer Bilk,

The Clauses, jj, ^nd b^ j^ enacted, That all and every the Clauses,

5^ Mtraded Pfovisocs, Powers, Privileges, Advantages, Penalties, Forfei-

to this Act. tures, and Disabilities contained in the said Act shall be applied

and extended to the Exchequer Bills to be made out in pur-
suance of this Act, as fully and effectually, to all Intents and
Purposes, as if the said several Clauses or Provisoes had been
particularly repeated and re-enacted in the Body of this Act. »
The Treasury HI. And be it enacted, That it shall be lawful for the said
Mon^^ri^d. Commissioners of the Treasury to issue and apply from Time

to Time all such Sums of Money as shall be raised by Exche-
quer Bills to be made out in pursuance of this Act to such Ser-
vices as shall then have been voted by the Commons of the
United Kingdom of Great Britain and Ireland in this present
Session of Parliament.
Bills to be pay- jv. And be it enacted, That the Principal Sum or Sums
piiM of the next ^^ Money to be contained in such Exchequer Bills shall be and
Session. are* hereby charged and chargeable upon and shall be paid

and discharged by and out of any Supplies to be granted
in the next Session of Parliament.
Interest on Ex- y. And be it enacted. That the Exchequer Bills to be made
c «!««■ Qy|. jj^ pursuance of this Act shall bear Date on the Days on

which the same shall be respectively issued, and shall and

may bear an Interest not exceeding the Rate of Three-penee

Halfpenny per Centum per Diem upon or in respect of the whole

of tlie Monies respectively contained therein, payable out of

any Aids or Supplies in the Receipt of Her Majestjr's Exchequer

at Westminster.

Bills to be vi. And be it enacted, That all and every the Exchequer

Exchequer after ^*''^ ^ ^ made forth by virtue of this Act, or so many of

Twelve Calen. them as shall from Time to Time remain undischarged and

dar Months uncancelled, shall and may, from and after Twelve Calendar

Dates. *^ Months from their respective Dates, be received and taken and

shall pass and be current to all and every the Receivers and
Collectors in Great Britain of the Customs, Excise, or any
Revenue, Supply, Aid, or Tax whatsoever^ already granted,
due, or payable, or which shall or may hereafter be granted,
due, or payable, to Her Majesty, Her Heirs and Successors,
and also at the Bank of England to the Account of Her Majesty's
Exchequer from the said Receivers or Collectors, or from any
other Person or Persons, Bodies- Politic or Corporate what-
soever, making any Payment there to Her Majesty, Her Heirs
and Successors, for or upon any Account, Cause, or Occasion
whatsoever, according to the Purport and true Meaning of this
Act*
Bonk of Eng- VII. And be it declared and enacted, That it shall and may
iSnuwe^ be lawful for the Governor and Company of the Bank of England

10,751,550/. to advance or lend to Her Majesty, upon the Credit of the Ex-
on the Credit of chequer Bills to be made out in pursuance of this Act, any Sum

or

1840. Exchequer Bilk. Cap. 106, 107. 661

or Sums of Money not exceeding in the whole the Sum of this Act, not-
Ten millions seven hundred fifty-one thousand five hundred T)j^^^^
and fifty Pounds, any thing in an Act passed in the Fifth and e. ao. '
Sixth Years of the Reign of King William and Queen Mary^
intituled An Act for grcmting to Their Mcgesties several Rates and
Duties upon Tonnage of Ships and Vessels^ and upon Beer^ Ale^
and other Liquors ; and for securing certain Becompences and Ad*
vantages in the said Act mentioned to such Persons as shall volun*
tartly advance the Sum of One million five fumdred thousand Powuls
towards carrying on the War against France, or in any subsequent
Act to the contrary thereof in anywise notwithstanding.

CAP. CVII.

An Act to continue and amend the Laws for the Relief ^«//^;^ ^
of Insolvent Debtors in Ireland. ^

[10th August 1840.]

* Tl^HEREAS it is expedient to continue, for the Purposes

* herein-after mentioned, the Laws now in force for the

* Relief of Insolvent Debtors in Ireland^ and to make further
^ Provision for the Relief of Insolvent Debtors:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by

the Authority of the same. That from and after the passing of Powers now
this Act the Powers vested in the Court now established for ]^^ Jbr^-
the Relief of Insolvent Debtors in Ireland shall be and the same Hef of Insolvent
are hereby continued and vested in the Court to be continued pebtow con-
by virtue of this Act as herein-after provided, in* so far as the pJ|'J!|os^V^^
same relate to or may be exercised in the Matters of the Petitions in mentioned,
of any Persons who, before die Time appointed or the Com-
mencemen^ of this Act, shall have petitioned the said Court now
established for Relief (under the Provisions of any Act or Acts
for the Relief of Insolvent Debtors in Ireland) j or of any Persons
who have obtained their Discharge by virtue of any Act for the
Relief of Insolvent Debtors in Ireland; and that all Things
shall and may be done by all Persons, relating to the Matters
of all such Petitions, which such Persons might have done if
the Laws now in force with respect to Insolvent Debtors in
Ireland had been continued by this Act

II. And be it enacted. That the Court now established for Court now
the Relief of Insolvent Debtors in Ireland shall be continued, ^J^;^
and that the present Two Commissioners of the said Court shall and OflSeen, to
continue to be the Commissioners of the Court so hereby con*- be continued,
tinned, and to preside therein; and that it shall be lawful for
the Lord Lieutenant or other Chief Grovernor or Governors of
Ireland for the Time being, and from Time to Time, upon any
Vacancy in any of the said Offices of Commissioner, by Death
or otherwise, to appoint other fit Person^ being Barristers at
Law of Ten Years standing at the least, and who shall have

actually

663 Cap. 107. Insolvent Debtors^ Ireland. 3 & 4 Vicr.

actually practised Ten Years, and who shall not at the Time of
their respective Appointment to such Office have retired from
Practice in Her Majesty's Courts of Law in Dublin for more
than Two Years, to be such Commissioners, and to preside in
the said Court accordingly; and that the present Chief Clerk,
Provisional Assignee, and other Officers of the said Court shall
continue to be tne Chief Clerk, Provisional Assignee, and other
Officers of the Court so hereby continued ; and that it shall be
lawful for the said Court from Time to Time, upon any Vacancy
in any of the said Offices, by Death or otherwise, to appoint
other fit Pei*sons to be Chief Clerk, Provisional Assignee, and
other Officers, and also to determine from Time to Time, as
Occasion may require, the particular Duties to be performed
respectively by all the several Officers hereby continued or here-
after to be appointed as aforesaid ; and that the Court so hereby
continued as aforesaid shall at all Times have Power to appoint
such Officers as the Lord Chancellor and the Lords Chief Justices
of the Queen's Bench and Common Pleas, and the Lord Chief
Baron of the Exchequer in Ireland^ shall judge to be necessary,
and in such Manner as they shall direct.
Comxmssiopen HI. And be it enacted, That the Commissions of the said
Offi*^^^d**^ Commissioners of the said Court hereby continued in their
goodBehaviour; Offices, or hereafter to be appointed as aforesaid, shall be con-
tinued and remain in full Force during their good Behaviour,
notwithstanding the Demise of Her Majesty (whom God long
preserve), or or any of Her Heirs or Successors,
but II1A7 be IV. Provided always, and be it enacted, That it may be lawful

A^^^ ^^^ ^^^ ^®^ Majesty, Her Heirs and Successors, to remove any such

Commissioner of the said Court upon the Address of both Houses
of Parliament.
Salaries of V. And be it enacted. That there shall be paid to the said

9®™"^"*^^ Commissioners hereby continued or hereafter to be appointed
ries ixm pay. ^ aforesaid, out of the Consolidated Fund of the United King-
able, dom of Great Britain and Ireland^ at the Receipt of Her Ma-
jesty's Exchequer in Irelandj such yearly Salaries or Sums of
Money as the said Commissioners hereby continued are now by
Law entitled to receive as such Commissioners of the said Court
hereby continued, the same to be paid upon the same Days and
in like Manner as is now by Law provided in that Behalf.
Court to be a VI. And be it enacted. That the said Court for the Relief of
Court of Re- Insolvent Debtors in Ireland shall be a Court of Record for the
Seal of the Purposcs of this Act, and shall cause to be sealed with the Seal
Court of the said Court all such Records, Proceedings, Documents,

and Copies of the same as are herein-after expressly required to

be so sealed, and such other Records, Proceedings, Documents,

and Copies of the same as the said Couft shall at any Time

Towers of direct I and that the said Court, or any Commissioner thereof

Court and acting Under the Powers of this Act, may adjourn any Sitting

^jommuNUoners* /• . • • ■ /^ . ^^ • • % • • i

of the said Court or Commissioner as may be requisite, and
may administer Oaths and examine all Parties and Witnesses
upon Oath for the Purposes of this Act, and shall have such
like and the same Powers of compelling the Attendance of Wit-
nesses,

1840. Insohent DAtors^ Irdand. Cap. lOT. 663

nesses, both before the said Ck>urt and before any Commissioner
thereof acting as aforesaid, and before an Officer of the Courts
or as herein-after mentioned, and of requiring and compelling
the Production of Books and Writings as are now possessed by
any of the Superior Courts in Dublin ; and to order any Pri-
soner whose Estate shall, by an Order to be made under this
Act as herein-after mentioned, have been vested in the Pro-
visional Assignee of the said Court, or any Prisoner, who shall
be a necessary and material Witness in any Matter pending in
the said Court, to be brought before the said Court or Com*
missioner, or Officer acting under any Order of the said Court
or Commissioner, as often as shall be requisite; and that the
said Court, or any Commissioner thereof acting as aforesaid^
shall have the Power of committing all Persons guilty of any
Contempt of the said Court to the Prison of the Marshalsea
of the Four Courts, Dublin, or to Her Majesty's Prison of KiU
mainhami or to the Common Gaol of any County in which such
Person shall be or shall usually reside; and that the said Courts
or any Commissioner thereof, shall have the Power of fining in
a summary Way, or suspending or removing, any of the Officers
of the said Court who shall be guilty of any N^ligence, wilful
or unnecessary Delay, or other Misconduct whatsoever : Pro-
vided always, that the said Court, or any Commissioner thereof,
shall not have the Power of awarding Costs against any Person
or Persons whomsoever, except in such Cases only where such
Costs are herein-after expressly mentioned and permitted to be
awarded by this Act ; and that nothing herein contained shall
extend to the compelling the Attendance of any Witness unless
the Party on whose Behalf such Witness shall be required to
attend shaU have previously tendered to such Witness such
Allowance for Expences for his Attendance as in the Judgment
of the said Court, or of a Commissioner thereof, shall appear
to be reasonable.

VI L And be it enacted. That all Proceedings and Matters to Court to sit at
be heard by the said Court for the Relief of Insolvent Debtors the Court
shall be heard and determined by the said Court, at the Court ^^^ Onnond
House of the said Court on Lower Omumd Quay, Dubliny unless Quay, Dublin,
the said Court shall at any Time see cause to appoint its Sittings f^ tiaewhme
in any other Place, and shall appoint the same accordingly^ if nfioesaary.
which it is hereby empowered to do; and that the said Court
shall sit for the Despatch of Business from Day to Day, Sundajfs,
Christmas Day^ and Good Friday only excepted, so long as any
Part of the Business of die said Court shall be ready, and as the
said Court shall find such Sitting necessary for the due Despatch
of the Business of the said Court, and save as herein-€iler other-
wise provided : Provided nevertheless, that during the Period
between the last Day of Trinity Term and the First Day of
November in every Year the said Court shall have full Power
and Authority to regulate and appoint the Sittings of the said
Court at such Times as to the said Court shall appear fit and
necessary for the Despatch of Business and the due Adminis-
tration of Justice in the said Court; provided that the said

Court

664 Cap. 107. Insolvent Debtors, Ireland. 3 & 4 Vicr.

Court shall not be adjourned, at any Time during the said

Period, for more than Two Calendar Months at any One Time.

Commis^ners VIII. And be it enacted. That the said Commissioners shall

cuits. ^ "' fro"' Time to Time severally make Circuits, and give their

Attendance at the several Assize or other Towns or Places at

which any Prisoner or Prisoners shall be ordered to appear as

Power of Com- herein-after provided ; and that upon such Prisoner's Appear-

CirciStr ^ ^^^^ before such Commissioner on his Circuit it shall be lawful

for such Commissioner to make all such Orders, and to give all
such Directions, and to do all such Matters and Things re-
quisite for the discharging or remanding of such Prisoner, and
otherwise respecting such Prisoner and his Schedule, and his
Creditors and Assignees, as the said Court for the Relief of
Insolvent Debtors may make, give, or do in the Matters of
Petitions heard by the said Court according to this Act ; and
that in each and every Matter to be heard and inquired into
by such Commissioner according to the Provisions of this Act
such Commissioner shall have the same Power as the said Court
would have therein if the same were heard and inquired into by
the said Court; and that all Judgments, Rules, Orders, Di-
rections, and Proceedings pronounced, made, and done in all
and every the Matters aforesaid by such Comtnissioner shall be
transmitted to the said Court, signed by such Commissioner, to
be a Record of the said Court, and to be kept as such among the
Records thereof,
^"of^^"" IX. And be it enacted. That the said Circuits shall be made
Circuiti. Three Times in each Year if requisite, and that the Time and

Manner of making the same, and the Officers necessary to
attend the Commissioners thereupon, shall be regulated in such
Manner as shall be appointed by the Commissioners of the
said Court, with the Approbation of the Lord Lieutenant or
other Chief Governor or Governors of Ireland for the Time
TraveUing Ex- being ; and that it shl^l be lawful for the Lord Lieutenant or
penoes to be Qther Chief Governor or Governors of Ireland for the Time

being to direct that such Sum or Sums shall be paid as may

appear fit and necessary for the defraying the Travelling Ex-

pences of such Commissioners and Officers in execution of their

One Coromis- Duties under this Act ; and that during the said Circuits One

maL in^Dublin. ^^ ^® Said Commissioners shall be attendant and presiding in

the said Court in Dublin^ unless the said Court shall have been
Both Commis- adjourned to some future Time : Provided always, that if on
on^Circdt^if ^ ^^J Particular Occasion the said Commissioners, or one of them
necessary. in the Absence of the other, shall be of opinion that it would

be expedient that both the said Commissioners should be absent
from the said Court on Circuits in different Places at the same
Time, it shall be lawful for such Commissioners to state such
Opinion, together with the Grounds and Reasons thereof, in
Writing, to the Chief or Under Secretary at the Castle of
Dublin for the Information of the Lord Lieutenant or other
Chief GoveVnor or Governors as aforesaid; and thereupon, if
such Lord Lieutenant or other Chief Grovernor or Governors
shall approve thereof, and such Approval shall be notified in

5 Writing

• V

1840. Insolvent Debtorsj Ireland. Cap. 107. 665

Writing to such Commissioners by such Chief or Under Secre-
tary, it shall be lawful for both the said Commissioners to be
so absent from the said Court as aforesaid at the same Time,
in such Places respectively as shall be so stated and approved,
and for that Purpose to adjourn the said Court for such Time
as shall be approved in and by such Notification.

X. And be it enacted. That the said Court for the Relief of Notiice to be
Insolvent Debtors shall cause Notice of the Time and Place or ^J^^nd/nil^f
Places of the Attendance of the said Commissioner in each Commuuoners
Assize Town, according to this Act, to be given in the Dublin jnthe Asriie
Gazette^ and in some public Journal or Newspaper circulated ^^'"^
in the County wherein such Town is situate, once in each of
the Two Weeks immediately preceding the Time appointed for
such Attendance ; and that if on any Day to which such Court A4jaiiniment
in Dublin shall be adjourned as aforesaid, or shall be appointed ^^^^ ^*^"'*"
for the Attendance of a Commissioner of the said Court on
his Circuit, such Commissioner shall be, by Death, Sickness, or
other Casualty, or by any reasonable Cause, prevented from
attending at the Court House or other Place, pursuant to such
Adjournment or Appointment, then and in every such Case the
Court to be held by such Commissioners or Commissioner shall
be considered as adjourned to the ensuing Day, not being a
Sunday^ Christmas Day, or Goad Friday ; and if the ensuing Day
should be a Sunday^ Christmas Day, or Good Friday, then to the
next following Day, and so on from Day to Day until One of
the said Commissioners shall give his Attendance ; and that all
Persons summoned or bound or having Occasion to attend such
Court shall thereupon be bound to attend the same according
to every such Adjournment, in the same Manner in all respects
as if the said Commissioner had regularly sat, and so adjourned
the said Court; and tliat when such Commissioner, or some
other Person appointed to act in his Room and Stead as herein-
after provided, shall so give his Attendance, he shall proceed
to despatch the Business of the said Court in the same Manner
in all respects as if such Commissioner had regularly sat, and
had himself made such Adjournment or Adjournments of the
same; and that such Commissioner (or in case of his Death CauaeofNon-
or Sickness One of the Registrars of the said Court) shall S^JS*^*^
thereupon, without Delay, state in Writing the Reason or Cause the Chief or
which prevented his Attendance on the Day appointed for such Under Secre-
Attendance, and shall subscribe such Statement, and shall send ^^*
the same forthwith by Her Majesty's Post to the said Chief or
Under Secretary, to be laid before the Lord Lieutenant or other
Chief Governor or Governors as aforesaid.

XL Provided also, and be it enacted. That if either of the In case of 111-
said Commissioners shall, from Sickness or other reasonable "^;?L1 "
Cause, have occasion to be absent from the Business of the said another Person
Court, further or otherwise than as aforesaid, then and in every maybe appoint-
such Case it shall and may be lawful to and for the Lord Lieu- ^e*^t|^*®
tenant, or other Chief Governor or Governors of Ireland, to
appoint a Person, being a Barrister at Law of Ten Years
standing at the least, to perform the Duties of such Commis-
sioner

666 Cap. 107. Imohent DAtors, Ireland. 3 & 4 Vict.

sioner during such Absence ; and every such Person so appointed

to perform the Duty of such G>nimi88ioner as aforesaid shall,

during the Continuance of such Deputation or Appointment,

have all and every the Rights, Powers, and Authorities, and

be subject to all the Duties of such Commissioner under this

Act ; and every such Person who shall be so appointed to act

during the Absence of such Commissioner as afor^id sbaU

receive from the said Consolidated Fund such Proportion, and

no more, of the Salary of such Commissioner for and during

the Period of his Service as shall be directed in and by the

Warrant under which he shall be so appointed, and the Residue

only of such Salary shall for such Period be payable to such

Commissioner.

No Fees to be XII. And be it enacted, That the said Commissioners shall

token by the. j^^^ receive or be entitled to receive, in the said Court for the

en ; nor by any Relief of Insolvent Debtors, or otherwise as such Commissioners,

Officer except any Fee or Fees of any Nature or Kind whatsoever, nor shall

wh ^*"to ba^*' *^y ^^ ^^ ^^es be receivable by any of the Officers of such

paid 5«. for Court exccpt by the Chief Clerk thereof, who is hereby em-

every Petition, powered to receive, and shall be entitled to demand and receive,

from every Prisoner who may seek to be discharged by the
said Commissioners under the Provisions of this Act, the Sum
of Five Shillings British^ and no more, the same to be payable
upon the presenting the Petition of such Insolvent, and also
such Fees for Copies as are hereafter expressly allowed.
Ezpencesofthe XIII. And for making Provision to defray the Expences of
Sndies'sto^^ Coals, Candles, and Stationery which may be consum^ during
tionery, and the Sittings of the said Court established by this Act, and to
Travelling defray the Travelling Charges of such Clerks and Officers'as may
pai^out of the ^ necessary to accompany the said Commissioners, or either of
Consolidated them, in their said Circuit, be it enacted. That the said fix-
Fund, pences of Coals, Candles, Stationery, and Travelling Charges

shall be in like Manner defrayed and paid and payable out of
the said Consolidated Fund, upon the several quarterly Days
following ; namely, on every Fifth Day of January^ Fifth Day
of Aprils Fifth Day of JWy, and Tenth Day of October in each
and every Year; provided that the Accounts thereof shall be
first certified by the Chief Clerk of the said Court, and fiated
by the said Commissioners, or One of them, and thereupon the
same shall be paid at the Receipt of Her Majesty's Exchequer
in Ireland^ to the Order of the said Commissioners, or One of
them, in that Behalf.

jS**"* kSd**^ ^^^* ^^^ ^ ^^ enacted. That it shall and may be lawfid to
^"'^' and for the Lord Lieutenant or other Chief Governor or Go-

vernors of Ireland for the Time being to order that now, and at
all other Times when he or they shall think proper or necessary,
a suitable and sufficient Court House, with suitable and sufficient
Offices for the Purposes aforesaid respectively, shall be provided
and maintained in good and sufficient Order and Repair, and
that for that Purpose such Ground shall be procured or pur-
chased, and such Court House and Offices erected thereon, or
such Building or Buildings as may be necessary for such Court

6 House

J 840. Insolvent Debtors^ Ireland. Cap. 1 07. 667

House and Officx^ shall be taken at a Rent or Rents, and Re-
pairs, Alterations, and Additions shall be made therein respec-
tively, according to such Plans, Estimates, and Contracts as the
Lord Lieutenant or other Chief Governor or Governors oi Ireland
for the Time being shall direct

XV. And be it enacted. That all and every Sum and Sums Defraying £x-
of Money which shall from Time to Time be required and be v^^^ ^^ Court
necessary for the Purchase of such Ground and erecting Build- **"*'
ings thereon, or for the Rent or Rents of any such Building,
or for such Alteration, Addition, or Repairs, shall from Time
to Time be paid out of the Consolidated Fund, by or under the
Orders and Directions of the Lord Lieutenant or other Chief
Governor or Governors of Ireland,

XVL And be it enacted. That any Office Copy of any Re- Office Copiet
cord, Proceeding, or Instrument of or in the said Court shall be 21 ^J!^^ ***
attested by the Chief Clerk thereof, or his Deputy, who shall
be and be deemed the proper Officer in that Behalf; and that Fee for such
for providing and attesting any such Office Copy such Clerk ^P'«*-
shall be entitled to receive Two-pence for eveiy Sheet therein,
every such Sheet to contain Seventy-two Words, and no more,
unless the same shall be the last or only Sheet thereof, in which
Case such last or only Sheet may contain any Number of Words
not exceeding Seventy-two Words.

XVIL And be it enacted. That on the Taxation of Costs officers, on
in the said Court the proper Officer in that Behalf, and in Inquiries di-
every Matter of Inquiry duly referred by the said Court to any ^^ ^ J^d!
Officer or Officers thereof, any such Officers shall have full Power minister Oathn.
to administer Oaths and to examine all Persons concerned, or
who shall come or be produced before him, on Oath, concern-
ing the Matter of such Taxation or Inquiry respectively; and Court may
it shall and may be lawful to and for such Court to order and ^^^^^^ ^^
enforce the Attendance of Witnesses, and Production of Books, witnesses, &c
Papers, Documents, and Vouchers before such Officer on such
Taxation and Inquiries respectively, in the same Manner in
all respects as such Court could or might order or enforce the
same on any Inquiry or Trial before the said Court*

XVIIL And be it enacted. That from and after the Time Persons impri-
appointed for the Commencement of this Act it shall be lawful **"«*^ ^^'j ^*»'
for any Person who shall be in actual Custody within the Walls Se^c22rt^i^a
of any Prison in that Part of the United Kingdom called Ireland^ summary Way
upon any Process whatsoever, for or by reason of any Debt, **' Discharge.
Damages, Costs, Sum or Sums of Money, or for or by reason
of any Contempt of any Court whatsoever for Nonpayment of
any Sum or Sums of Money, or of Costs taxed or untaxed,
either ordered to be paid or to the Payment of which such
Person would be liable in purging such Contempt, or in any
Manner in consequence or by reason of such Contempt, at
any Time within the Space of Fourteen Days next after the Timeofpeti-
Commencement of the actual Custody of such Prisoner, whe- tinning*
ther such Commencement shall have been in the same Prison
or in any other Prison, or the Rules or Liberties of any Prison,
or afterwards, if the said Court shall in any Case think reason-
[No. 43. Price 2rf.] U u able

668 Cap. 107^ Insolvent Datars, Ireland. d&4Vicr;

able to permit the saiDe^ to apply by Petition in a summary

Way to the said Court for the Relief of Insolvent Debtors for

his Discharge from such Custody according to the Provisions of

What shall bo ^{3 ^q^. and in such Petition shall be stated the Time and

I^etition^ * Place of the first Arrest of such Prisoner, the Cause or Causes

wherein he shall then be detained, and the Time of his Com-
mitment to the Prison where he shall then be confined ; and iS
such Prisoner shall not have been in the same Custody from the
Time of such first Arrest, then the Means and Manner by
which the Qhange of Custody of such Prisoner has taken placey
and also the Name or Names of the Person or Persons at whose
Suit or Prosecution such Prisoner shall, at the Time of pre-
senting such Petition, be detained in Custody, and the Amount
^ of the Debt or Debts, Sum or Sums of Money, and of such
Costs as aforesaid, so far as the Amount of such Costs i»
ascertained, for which he shall be so detained ; and such Pri-
soner shall, in such Petition, state that he is willing that all his
Real and Personal Estate and Effects shall be vested in the
Provisional Assignee for the Time being of the said Court
according to the Provisions of this Act, and shall pray to
be discharged from Custody, and to have future Liberty of his
Person against the Demands for which such Prisoner shall be
then in Custody, and against the Demands of all other Persons
who shall be or claim to be Creditors of such Prisoner at the
PetMon to be Time of presenting such Petition, which Petition shall be sub-
ngned and filed, gg^ibed by the said Prisoner, and shall forthwith be filed in the

said Court
^^jfn>^ XIX. And be it enacted. That if any Prisoner who, at the

j»,^,^,^?Q Time appointed for the Commencement of this Act, shall have
Execution may been committed to any Prison or Gaol, and charged in Execa-
apply by Peti- tJon for any Debt, Damages, or any Costs or Sum or Sums of
lMitora"o>urr Money, or committed for or by reason of any Contempt of
for an Order to any Court whatsoever for Nonpayment of any Sum or Sums of
i^Debton Money, or of Costs, taxed or untaxed, either ordered to be
▼irionS Aarig!" F^^ ^^ ^^ ^^ Payment of which such Prisoner would be
nee of Court liable in purging such Contempt, or in any Manner in con-«

sequence or by reason of such Contempt, shall not, within
Twenty-one Days next after the Time appointed for the Com-
mencement of this Act, make satisfaction to the Creditor or
Creditors at whose Suit such Prisoner shall have been so com*
mitted or charged ia Execution for such Debts Damages, Coses,
Sum or Sums of Money, or to the Person or Persons enti-
tled to the Money for the Nonpayment of which such Prisoner
shall have been in Contempt, or to the Payment of which such
Prisoner would be liable in consequence or by reason of such
Contempt, or if any Prisoner who, after the Time appointed
for the Commencement of this Act, shall be committed to
any Prison or Gaol, and charged in Execution for any Debt
or Damages, or any Costs or Sum or Sums of Money, or com-
mitted for or by reason of any such Contempt as aforesaid, shall
not, within Twenty-one Days next after such Prisoner shall be
so committed or charged in Execution as aforesaid, make satis<^

faction

1840. in9olvent Debtors^ Ireland. Cap. 107. 669

faction to the Creditor or Creditors at whose Suit such Prisoner
shall have been so committed or charged in Execution for such
Debt, Damages, Costs, Sura or Sums of Money, or to the
Person or Persons entitled to the Money for Nonpayment of
which such Prisoner shall have been in Contempt or to the
Payment of which such Prisoner would be liable in conse*
quence or by reason of such Contempt, then and in any of the
said Cases it shall be lawful for any such Creditor or Creditors,
or Person or Persons entitled to such Money as aforesaid, to
apply by Petition in a summary Way to the said Court for the
Relief of Insolvent Debtors for an Order vesting the Real and
Personal Estate and Eflects of such Prisoner in the Provisional
Assignee for the Time being of the said Court, according to
the Provisions of this Act; and such Petition shall be signed
by the Party or Parties so applying, and in such Petition shall
be stated the Time and Place of the Commitment or Charge
in Execution of such Prisoner at the Suit of the Party or Par-
ties so applying, and the Amount of the Debt or Sum of
Money for which such Prisoner shall have been so committed
or charged in Execution ; and such Petition shall be supported
by such Evidence, by Affidavit or otherwise, of the Truth of
the Matters therein stated^ as the said Court shall think fit to
require ; and the Party or Parties presenting such Petition shall
thereby state that he or they is or are desirous that such
Prisoner should be ordered to file a Schedule of his Property
according to the Provisions of this Act, and should thereupon
be brought up before the said Court, to be dealt with accord-
ing to the Provisions of this Act ; and such Petition, and the
Evidence in support thereof, shall forthwith be filed in the
said Court ; and for the filing of which Petition the said Chief
Clerk shall receive and be entitled to demand and receive from
such Petitioner presenting such Petition the Sura of Five Shil-
lings Britisltf and no raore ; and the said Court shall and may
require such Prisoner to file his Schedule, and shall and may
cause such Prisoner to be brought up to be dealt with accord*
ing to this Act, and all Things to be done thereupon or pre-
paratory thereto, as in other Cases according to this Act

XX. And be it enacted, That upon the filing of such Peli- Prisoner's Es-
tion by such Prisoner, or on the filing of such Petition by such f^J^^^^
Creditor or Creditors as aforesaid, and the Evidence in support Apparel, &c
thereof, as the Case may be, it shall be lawful for the said not exceeding
Court for the Relief of Insolvent Debtors, and such Court is ^^^^J^"^
hereby authorized and required, to order that all the Real and vested in Pro-
Personal Estate and Effects of such Prisoner, both within this visional Assig-
Realm and abroad (except the Wearing Apparel, Bedding, ^^ ^^^^ «^
and other Necessaries of such Prisoner and his Family, and
the Working Tools and Impleraents of such Prisoner, not ex-
ceeding in 3ie whole the Value of Fifteen Pounds), and all the
future Estate, Right, Title, Interest, and Trust of such Pri-
soner in or to any Real and Personal Estate and Effects within
this Realra or abroad, which such Prisoner raay purchase, or
which may revert, descend, be devised or bequeathed, or come

U u 2 to

670

Cap. 107.

Insolvent jPebiors, Ireland*

8&4Vicr.

Priaoners with-
in the Walls
only to petitioni
except in cer- .
tain Ca^iet.

to him before he shall become entitled to his final Discharge
in pursuance of this Act, according to the Adjudication made
in that Behalf, or in case such Prisoner shall obtain his full
Discharge from Custody without any Adjudication being made
by the said Court, then before such Prisoner shall be so fully
discharged from Custody, and all Debts due or growing due to
such Prisoner, or to be due to hrm or her before such Discharge
as aforesaid, shall be vested in the Provisional Assignee for
the Time being of the said Court, and such Order shall be
entered of Record in the same Court, and such Notice thereof
shall be published as the said Court shall direct; and such
Order, when so made, shidl, without any Conveyance or Assign-
ment, vest all the Real and Personcd Estate and EiFects of
such Prisoner, and all such future Real and Personal Estate
and EiFects as aforesaid, of ever}' Nature and Kind whatsoever,
and all -such Debts as aforesaid, in the said Provisional As-
signee: Provided always, that in case the Petition of any sudi
Prisoner shall be dismissed by the said Court (which tl^ said
Court is hereby empowered to dismiss wherever it shall seem
fit), such vesting Order made in pursuance of such Petition
shall, from and after such Dismission, be null and void to all
Intents and Purposes: Provided also, that in case any such
vesting Order as aforesaid shall become null and- void by the
Dismission of the Prisoner's Petition, all the Acts theretofore
done by the said Provisional Assignee, or any Person or Per-
sons acting under his Authority, according to the Provisions
of this Act, shall be good and valid ; and no Action or Suit
shall be commenced against such Provisional Assignee, nor
against any Pei*8on duly acting under his Authority, except
to recover any Property, Estate, Money, or Effects of such
Prisoner detained, after an Order made by the said Court for
the Delivery thereof and Demand made thereupon, but not
sooner : Provided also, that when such vesting Order shallt have
been made on Uie Petition of a Creditor as aforesaid, it shall
be lawful for the said Court, if it shall seem just and right, but
not without Proof made to the Satisfaction of the said Court of
the Consent of the Petitioning Creditor, to make Order de-
claring such vesting Order to be null and void, and the same
shall thereupon be null and void, to all Intents and Purposes :
Provided always, that where in any Case by Leave of the said
Court any Amendment shall be made in any such Petition, or
an amended Petition shall be filed as of the Date of the
original Petition (which the said Court is hereby empowered
to do and authorize, without dismissing such original Petition),
such vesting Order shall not thereby be affected, but shall stand
good to all Intents and Purposes, notwithstanding such Amend-
ment or amended Petition so filed as aforesaid.

XXI. And be it enacted, That no Prisoner shall upon his
own Petition be entitled to the Benefit of this Act who shall
not be at tlie Time of filing his Petition, and durirtg all the
Proceedings thereon, in actual Custody within the Walls of the
Prison, without any Intermission of, such Imprisonment by

Leave

J

1840. Insolvent Debtors^ Ireland. Cap. 107. 671

Leave of any Court or otherwise : Provided always, that if after
any such Prisoner shall have obtained an Order to be brought
up in order to be dealt with according to the Provisions of
this Act, it shall appear to the Satisfaction of the said Court,
by the Oath or Affidavit of a Physician, Surgeon, or Apothe-
cary, and such other Evidence as the Court may require, that
such Prisoner cannot continue to reside within the Walls of any
such Prison without serious Injury to the Health of such
Pri^ner, or that for the sake of the Health of the Prisoners
in general it is necessary that the Number thereof within
the Walls of any such Prison should be reduced, it shall
be lawful for the said Court to dispense with such actual Cus-?
tody of any such Prisoner within the Walls as is herein-
before mentioned : Provided always, that if any such Prisoner,
having obtained such Dispensation, shall go beyond the Rules
and Liberties in which he shall in pursuance thereof be con-
fined, such Prisoner shall thereby be deprived of all Benefit
of this Act: Provided also, that after any Order shall have Power to In-
been made under this Act, directing any Insolvent to be ^'"**^****"
brought up in order to be dealt with according to the Pro- Prisoner tote
visions of this Act, it shall be lawful for the said Court for ditcharged on
the Relief of Insolvent Debtors, if such Court shall think fit ^^ *»**»"«
to do so, and on such Notice to the detaining Creditor, or attend^t the
Creditors of such Insolvent as the said Court shall deem Time and Place
proper, to direct such Insolvent to be discharged out of Cus- of Hearing.
tody, on his finding Two sufficient Sureties to enter into a
Recognizance to the Provisional Assignee of the said Court,
in such Sum as the said Court shaU think fit, with a Con-
dition that such Insolvent shall duly appear at the Time and
Place fixed for the Hearing of the Petition of such Insolvent,
and on evety adjourned Hearing, and shall abide by the final
Judgment of the said Court or a Commissioner thereof on his
Circuit, and on such other Terms (if any) as the said Court
shall think fit to impose, and to issue a Warrant directed to
the Gaoler ordering the Discharge of such Insolvent from
Custody accordingly ; and that after such Discharge such In-
solvent shall be free from Arrest or Imprisonment by any
Creditor whose Debt shall be specified in the Schedule filed
by such Insolvent as herein-after mentioned, until the Time
appointed for the Hearing of such Insolvent, and for such fur-
ther Time (if any) as the said Court sliall by Endorsement on
such Order from Time to Time appoint : Provided always
nevertheless, that in case any Insolvent so discharged out of
Custody shall not duly appear at the Time and Place fixed for
the Hearing or any adjourned Hearing of such Insolvent (not
being prevented by Illness or other lawful Impediment to be
allowed of by the said Court), the Recognizance so entered
into shall be forfeited, and the Amount secured thereby shall
be recoverable in a summary Way by a Distress and Sale of the
Goods and Chattels of such Sureties as the said Court shall by
their Order direct; and the Amount so recovered shall be
applied for the Benefit of the Creditors of such Insolvent in like

U u 3 Manner

672

Cap. 107.

Jnaolvent Ddtofs, Ireland.

3 & 4 Vict.

CommissioDcra
may empower
Penons in the
Aasixe Towns
to receive Re*
oogniauices.

Penons resid-
ing out of Dub-
lin may enter
into Recogni-

Manner as if the same were Part of his Estate and Effects ;
and the said Court may also issue a Warrant, authorizing any
Person or Persons to be therein named to apprehend and
arrest such Insolvent, and deliver htm into the Custody of the
Gaoler or Keeper in whose Custody such Prisoner was at the
Time when he was so discharged as aforesaid ; and such Gaoler
or Keeper is hereby required to receive such Prisoner again
into his Custody ; and all Detainers which were in force against
him at the Time of such Discharge, or which shall have since
been duly lodged against him, shall thereupon be deemed to
be in force : Provided also, that any Insolvent so discharged
out of Custody as aforesaid shall, on his appearing before the
said Court or Commissioner, be deemed and considered for
all the Purposes of this Act in the Custody in which he was
at the Time he was so discharged.

XXII. * And whereas it is expedient that Persons residing

* in any Place other than the County of Dublin^ or the County

* of the City of Dublin^ who may be willing to enter into Re-
^ cognizances of Sureties for the due Appearance of Insolvent

* Debtors before the said Court, should be enabled to enter

* into such Recognizances without the Necessity of appearing

* for such Purpose before the Court itself at its usual and
' ordinary Place of sitting ;' be it therefore enacted. That tlie
Commissioners of the said Court for the Time being shall and
may, by One or more Commission or Commissions under the
Seal of the said Court, from Time to Time as Occasion shall
require, empower such and so many fit and proper Persons as
they shall think necessary, in all and every the Assize Towns
aforesaid, to take and receive all and every the Recognizance or
Recognizances of Sureties into which any Persons may be willing
to enter for the due Appearance of Insolvent Debtors, according
to such several and respective Recognizances, and in such Form
as the Court, in pursuance of this Act, shall and may direct
and require.

XXIII. And be it enacted, That in any Case of a Prisoner
whose Estate and Effects shall be by Order of the said Court
vested in the Provisional or other Assignee, and who shall be
confined in the Gaol of any County, Town, or Place, other than
the County of Dublin or the County of the City of DubUuy and
who shall have filed his Schedule in the said Court accord*
ing to the Provisions of this Act, it shall and may be lawful for
any Person or Persons who may be willing to enter into such
Recognizances as aforesaid, whose usual and ordinary Place of
Residence shall be elsewhere than in the County of Dublin or
the County of the City of Dublin aforesaid, to appear before a
Person duly appointed and empowered in manner aforesaid,
and there to enter into and acknowledge such Recognizance of
Sureties for the due Appearance of such Insolvent according to
such Forms and in such Terms and Manner as shall or may
be prescribed by the said Court, which said Recognizances of
Sureties so taken as aforesaid shall be transmitted, and filed in
the said Court, with an Affidavit of the due taking of the said

Recognizances

.1840. Imohent Debiorg, IrdcuuL Cap. 107. 673

Recognizances of such Sureties by some credible Person pre-
sent at the taking thereof, which Recognizances, so taken,
transmitted, and filed, shall be of the like Force and Effect
as if the same were taken before the said Court.

XXIV. And be it enacted, That the said Court shall make Court to re-
such Rules and Orders regulating the Amount and for the gulA^the
taking of such Recognizances as to them shall seem meet, so as lu^nlunoa.
such Sureties be not compelled to appear in Person in the said
Court to justify themselves, but the same may and is hereby
directed to be determined before the said Court, or a Commis-
sioner thereof, by Affidavit or Affidavits duly taken before the
Person or Persons so empowered as aforesaid, who are hereby
empowered and required to take the same.

. XXV. And be it enacted, That a Commissioner of the said Cotnmifluoncr
Court, on his Circuits, shall and may take and receive every ^ Ciremt may
such Recognizance of Sureties as any Person or Persons shall Recogmanoef.
be willing to make or acknowledge before him, which, being
transmitted, shall, without Oath, be'filed in manner aforesaid.

XX VI. And be it enacted. That as soon as such Sureties When Suretiei
shall have justified in manner aforesaid, and such Recognizances ^^*^*^' *^id»
as herein-before mentioned shall have been filed, the said Discbw^of
Court shall thereupon issue a Warrant to the Gaoler for the inaokeot.
Discharge of such Insolvent from Custody accordingly, and who

shall have such and the like Privileges, and be subject to such
and the like Liabilities, as is herein-before provided with respect
to any Insolvent Debtor who shall enter into a Recognizance to
the Provisional Assignee of the said Court as aforesaid.

XXVII. And be it enacted. That the filing of the Petition IHing Petitioft
of every Person in actual Custody who shall be subject to the ^^ ^^ .-
Laws concerning Bankrupts, and who shall apply by Petition acted 'u^o^' '
to the said Court for his Discharge from Custody accordii^ to within a certain
this Act, shall be accounted and adjudged an Act of Bankruptcy ^^''J^q^'*
from the Time of filing such Petition ; and that any Commis- ^^J^ed.* ' **
sion of Bankruptcy issuing against such Person, and under

which he shall be declared bankrupt before the Time appointed
by the said Court and advertised in the Dublin Gazette for
such Prisoner to be brought up to be dealt with according to
this Act, or at any Time within Two Calendar Months from
the Time of making any such vesting Order as aforesaid^
whether upon the Petition of such Prisoner or the Petition of
any such Creditor as aforesaid, shall have the Effect of divesting
the said Real and Personal Estate and Effects of such Person
out of the said Provisional Assignee : Provided always, that the
filing of such Pe^tion shall not be deemed an Act of Bank-
ruptcy, unless such Person be so declared bankrupt before the
Time so advertised as aforesaid, or within such Two Calendar
Months as aforesaid, but that every such Order as aforesaid
shall be good and valid notwithstanding any Commission of
Bankruptcy under which such Person shsJl be declared bank-
rupt after the Time so advertised as aforesaid, and after the
Expiration of such Two Calendar Months as aforesaid.

U u 4 XXVIII. Pro-

674

Order to be
filed, although
avoided by
Commission of
Bankruptcy ;

Cap. 107.

Insolvent DAtorsy IrelamL

3i4Vicr.

and Court shall
proceed to hear
and a4jadicate,
as in other
Cases.

If Insolvent
obtuns his
Certificate, the
Uightsof As.
signees after-
wards to be the
same as in other
Cases.

Not to affect
Title of As-
signees of
Bankrupt, or
Operation of
Certificate*

Prisoner not to
be diwharged
for Want of
Plaintiff pro-
ceeding in his
Action.

Provisional
Assignee to
take possession
of Bfttates, &c.
vested in him,
and sell the
same if the
Court directs ;

XXVIII. Provided always, and be it enacted, That where
the Order vesting the Estate and Effects of any such Prisoner
in the Provisioned Assignee of the said Court, in pursuance of
the Provisions of this Act, shall be or become void by reason
of such Prisoner being declared bankrupt within such Period
as above mentioned, or being an uncertified Bankrupt at the
Time of such Order, the said Order shall nevertlieless, together
with the Petition of such Prisoner (if any), remain of Record
in the said Court; and the said Court shall and may require
such Prisoner to file his Schedule, and shall and may cause
such Prisoner to be brought up to be dealt with according to
this Act, and all Things to be done thereupon or preparatory
thereto as in other Cases according to this Act ; and the said
Court shall and may, at any Time when it shall seem fit^
appoint otlier Assignee or Assignees in such Case in the same
Manner as in other Cases ; and that if at any Time after such
vesting Order shall have been made such Prisoner shall obtain
his Certificate under any such Commission of Bankruptcy, the
Rights, Powers, Tide, and Interest of the Provisional Assignee
and other Assignee or Assignees appointed under jthis Act, over
and respecting any Property, Real or Personal^ whatsoever,
remaining to such Prisoner after tlie obtaining of such Cer-
tificate, or thereafter in any way coming to him, and under and
in pursuance of the Warrant of Attorney to be executed by
such Prisoner under the Provisions of this Act, shall from and
after the obtaining of such Certificate be the same as if the
vesting Order made under this Act had been valid at the Time
of the making thereof : Provided always, that nothing herein
contained shall be construed to affect the Title, Rignts, and
Interests of the Assignees under any such Commission of
Bankruptcy, or to alter or diminish the Effect of any such Cer-
tificate as aforesaid, but that the Title, Rights, and Interests
of such last-mentioned Assignees, and the Benefit of such
Certificate to such Prisoner, shall be the same to all Intents
aud Purposes as if this Act had not been made.

XXIX. And be it enacted. That no Prisoner whose Estate
shall by an Order under this Act have been vested in the said
Provisional Assignee shall, after the making of such Order, be
discliarged out of Custody as to any Action, Suit, or Process for
or concerning any Debt, Sum of Money, Damages, or Claim
with respect to which an Adjudication can under tlie Provisions
of this Act be made, by or by virtue of any Supersedeas,
Judgment of Non-pros, or Judgment as in the Case of a
Nonsuit, for Want of the Plaintifl* or Plaintiffs in such Action,
Suit, or Process proceeding therein.

XXX. And be it enacted. That it shall be lawful for the
Provisional Assignee or any Officer of the said Court, or other
Person or Persons appointed for that Purpose (if the said Court
shall so order), to take possession of all the Real and Personal
Estate and Efiects of every such Prisoner vested in such
Provisional Assignee by virtue of any such Order as aforesaid,

and.

1840. Insolvent DAtorSf Irelahd. Cap. 107. 675

&nd, if the said Court shall so order, to sell or otherwise

dispose of such Goods, Chattels, and Personal Estate> or any

Part thereof, and of the Real Estate of such Prisoner, according

to the Provisions herein-after made with regard to the Sale

of such Real Estate ; and out of the Procewls of such Real p«y»ng the Ex-

and Personal Estate to defray, in the first place, all such Costs p®™^ *®-

and Expences of taking possession, or of seizing and selling the

same, as shall be allowed by the said Court, and to account for

the Produce of such Sale or Dispojsition to the said Court ; and ^ »»« »" ^"

it shall be lawful for the said Provisional Assignee to sue in his **^° "^' ^

own Name, if the said Court shall so order, for the recovering,

obtaining, and enforcing of any Estates, Debts, Effects, or

Rights of any such Prisoner ; and all and every the Real Property Tested

and Personal Estate, Money, and Effects vested in or possessed '^ hirs^cSaor

by such Provisional Assignee by virtue of such Order as afore- in Office.

said shall not remain in him if he shall resign or be removed

from his Office, nor in his Heirs, Executors, or Administrators

in case of his Death, but shall in every such Case go to and be

vested in his Successor in Office appointed by the said Court

as aforesaid.

XXXI. And be it enacted. That the said Court for the Court nwy
Relief of Insolvent Debtors may order and direct such Pro- ^^J^^^^
visional Assignee as aforesaid, or such Assignee or Assignees toner during his
as are herein-after mentioned, to pay to any such Prisoner out Confinement, or
of his or her Estate and Effects such Allowance for his or her ^SX"~ °^
Support and Maintenance during such Prisoner's Imprisonment,

and previous to the Adjudication in the Matter of his Petition,
or for the Expence of making out and filing his Schedule, as to
the said Court shall seem reasonable and fit

XXXII. Provided alwa^ and be it enacted, That in case Where Prisoner
any Prisoner as to whose Estate and Effects any such vesting ^J^^JJ^-
Order as aforesaid shall have been made shall, by the Consent Act^of Amg-'
or Default of his detaining Creditor or Creditors, be discharged nees to be TiOid.
out of Custody without any Adjudication being made in that

Behalf by the said Court for the Relief of Insolvent Debtors,
all the Acts done before such Discharge by the said Provisional
Assignee or other Assignee or Assignees appointed as herein-
after provided, or other Person or Persons acting under his or
their Authority, or the Authority of the said Court, according
to the Provisions of this Act, shall be good and valid ; and No Action to
that in such Case, or in case such vesting Order as aforesaid ^ ^^^^
shall be avoided by any Commission of Bankruptcy thereafter where Amgn-
issuing against such Prisoner as herein-before provided, no mentis avoided.
Action or Suit shall be commenced against sucn Provisional
Assignee, or against any Assignee or Assignees appointed
under this Act, nor against any Person duly acting under his
or their Authority or the Authority of the said Court, except
to recover any Property, Estate, Money, or Effects of such
Prisoner detained after an Order made by the said Court for
the Delivery thereof, and Demand made thereupon.

XXXIII. And be it enacted. That it shall be lawful for the Power of In-
said Court for the Relief of Insolvent Debtors, at any Time S«tto«J^

after point Assignect.

676 .Cap..l07. Intolveni Dddors, Ireland. 3 & 4 Vicr.

after the making any Buch vesting Order as aforesaid as to the
same Court shall seem expedient, to appoint any proper Person
or Persons to be Assignee or Assignees of the Estate and
Effects of such Prisoner for the Purposes of this Act; and
when such Assignee or Assignees shall have signified to the aaid
Court his or tneir Acceptance of the said Appointment, the
Estate, Effects, Rights, and Powers of such Prisoner vested in
such Provisional Assignee as aforesaid shall immediately, by
virtue of such Appointment, and without any Conveyance or
Assignment, vest in the said Assignee or Assignees, in Trust
for the Benefit of th6 Creditors of such Prisoner in respect of or
in proportion to their respective Debts, according to the Pro*
visions of this Act; and such Appointment shall, after every
such Acceptance thereof be entered of Record of the said
Court, and such Notice tliereof shall be published as the said
Court shall direct; and every Person so appointed Assignee
shall be deemed to be an Officer of the said Court, and shall be
' liable as such to the Control tliereof: Provided always, that it
shall be lawful for the said Court to direct any Fee or Remu-
neration for the Performance of Duties in getting in and
distributing the Estate of any Insolvent Debtor, whether by any
Assignee or by the Provisional Assignee, in cftse of such Dis-
tribution being effected without the Appointment of any other
Assignee, which shall not exceed the Rate of Five per Centum
on the Sum received as Produce of such Estate.
Certi6ed Copy XXXIV. And be it enacted. That a Copy of any Order
Ap^^'^ol^to ^^^^^ ^*^is Act vesting the Estate and Effects of any* Prisoner
be Evidence. in the Provisional Assignee of the said Court, or of the Appoint-
ment under the Provision last herein-before contained of an
Assignee or Assignees of such Estate and Effects, such Copy
being made upon Parchment, and purporting to have the
Certificate of the Provisional Assignee of the said Court or
his Deputy appointed for that Purpose endorsed thereon, and
to be sealed with the Seal of the said Court, shall in all Courts
and Places, and without further Proof, be recognized and
received as sufficient Evidence of such Order and Appointment
respectively having been made, and of the Title of the Pro-
visional Assignee and of such other Assignee or Assignees
PjTOTiaon for respectively under the same : Provided always, that where
^^^P^' according to any Laws now in force any Conveyance or

Assignment of any Real or Personal Property of an Insolvent
Debtor would be required to be registered, enrolled, or re-
corded in any R^istry Office in England^ Waksy or Irdcmdf or
in any Registry Office, Court, or other Place in Sco&mdy or
any of the Dominions, Plantations, or Colonies belonging to
Her Majes^, then and in every such Case such certified Copy
as herein-before is described of such Order under this Act,
vesting the Estate and Effects of any Prisoner in the Provisional
Assignee of the said Insolvent Debtors Courts and a like cer-
tified Copy of the Appointment of an Assignee or Assignees
under this Act (if any such Appointment shall have been made),
shall be registered in the Registry Office, Court, or Place

2 wherein

IB40. Inaobent DOtars, Ireland. Cap. 107. 677

wherein such Conveyance or Assignment as last aforesaid
yrould require to be registered, enrolled, or recorded ; and tlie
R^istry hereby directed shall have the like Effect to all
• Intents and Purposes as the Registry, Enrolment, or recording
of such Conveyance or Assignment as last aforesaid would have
bad ; and the Title of any Purchaser of any such Property as
last aforesaid for valuable Consideration, without Notice of any
such Order or Appointment as aforesaid, who shall have duly
registered, enrolled, or recorded his Purchase Deed previously
to the Registry hereby directed, shall not be invalidated by
reason of such Order as aforesaid, or the Appointment of an
Assignee or Assignees as aforesaid, or the vesting of such
Property in him or them consequent thereupon respectively,
unless a certified Copy of such Oitlers and a certified Copy of
such Appointment (if any) shall be registered as aforesaid within
the Times following ; (that is to say,) as regards the United '
Kingdom of Great Britain and Irekmdj within Two Months after
the Date of such Order and Appointment respectively, and as
regards all other Places within Twelve Months from the Date
thereof respectively,

XXXV. And be it enacted, That the Assignee or Assignees Sale of Estau
of the Estate and Effects of any such Prisoner shall, wiSi aU j^'^J^^***
convenient Speed after his or their Appointment, use his, or mediately.
their best Endeavours to receive 'and get in the Estate and

Effects of such Prisoner, and shall with all convenient Speed
make sale of all such Estate and Effects ; and if such Prisoner
shall be interested in or entitled to any Real Estate, either in
Possession, Reversion, or Expectancy, such Real Estate, within
the Space of Six Months after the Appointment of such
Assignee or Assignees, or within such other Time as the said
Court shall direct, shall be sold by public Auction in such
Manner and at such Place or Places as shall. Thirty Days
before any such Sale, be approved, in Writing under their
Hands, by the major Part in Value of the Creditor of such
Prisoner entitled to the Benefit thereof, who shall meet together Creditors to
on Notice of such Meeting published Fourteen Days previous ^qJ%J^^
thereto in the Dublin Gazette^ and also in some daily Newspaper Reai£state,and
printed and published in Dublin^ if the Prisoner before his or Meeting to be
her going to Prison resided in the City or County of Dublin^ advertued.
and if such Prisoner resided elsewhere within the United
Kingdom, then in some printed Newspaper which shall be
generally circulated in or near the Place where such Prisoner
resided at the Time aforesaid.

XXXVI. ^ And whereas Persons whose Estates may by an Discretion

* Order under this Act have been vested in Ac said Provisional ^JJ^^^uj^

< Assignee may be entitled to Annuities for their own Lives Diflpocaof

* or other uncertain Interests, or to such reversionary or con^ Property in
^tingent Interests, or to Property, under such Circumstances obtain''

< that the immediate Sale thereof for Payment of their Debts
^ may be very prejudicial to them, and deprive them of the

< Means of Subsistence which they might otherwise have after

* Payment of their Debts ; and it may be proper in some Cases.

• to

678

Cap. 107.

Insolvent Debtors^ Ireland.

S&4Vicr.

Property may
be mortgaged If
vame beneficial.

Anigneeff may
eseciite Powers
which the In-
solvent might
have executed
for his own
Benefit.

Where
accepted by
Aadgnees, the
Insolvent not
liable for the
Kent.

' to authorize the raising of Money by way of Mortgage f<xr
< Payment of the Debts or Part of the Debts of such Person,
* instead of selling the Property of such Person for that
' Purpose ;' be it enacted, That in all such Cases it shall be
lawful for the said Court to take into consideration all Ciremn-
stances affecting the Property of any. such Person; and if it
shall appear to the said Court that it would be reasonable to
make any special Order touching the same, it shall be lawful
for the said Court so to do, and to direct that such Proper^
as it may be expedient not to sell, or not to sell immediately,
according to the Provisions of. this Act, shall not be so sold, and
from Time to Time to order and direct in what Manner sach
Property shall be managed for the Benefit of the Creditors of
such Person until the same can be properly sold, or until Pay-
ment of all such Creditors, according to the Provisions of ttus
Act, shall have been made, and to make such Orders touching
the Sale or Disposition of such Property as to the said Court
shall seem reasonable, considering the Rights of the Creditors
of such Person to Payment of their Demands, and the future
Benefit of such Person after Payment of his Debts, and upon
such Terms and Conditions with respect to the Allowance of
Interest on Debts not bearing Interest, or other Circumstances,
as to the said Court shall seem just; and if it shall appear to
the said Court that the Debts of such Person can be discharged
by means of Money raised by way of Mortgage on any Property
of such Person, instead of raising the same by Sale, it shall be
lawful for the said Court so to order, and to give all necessary
Directions for such Purpose, and generally to direct all Things
which may be proper for the Discharge of the Debts of such
Person, in such Manner as may be most consistent with the
Interests of such Person in any Surplus of his or her Eflects
after Pajnnent of such Debts.

XXXVII. And be it enacted, That all Powers vested in
any such Prisoner, whose Estate shall by any Order under this
Act have been vested in the Provisional Assignee, which such
Prisoner might legally execute for his own Benefit (except the
Right of Nomination to any vacant Ecclesiastical Benefice),
shall be and are hereby vested in the Assignee or Assignees
of the Real and Personal Estate of such Prisoner by virtue of
this Act, to be by such Assignee or Assignees executed for the
Benefit of all and every the Creditors of such Prisoner under
this Act, in such Manner as such Prisoner might have executed
the same.

XXXVIII. And be it enacted. That in all Cases in which
any such Prisoner shall be entitled to any Lease or Agreement
for a Lease, and his Assigne^e or Assignees shall accept the
same, and the Benefit thereof, as Part of such Prisoner's
Estate and Effects, the said Prisoner shall not be or be deemed
to be liable to pay any subsequent Rent to which his Discharge
adjudicated according to this Act may not apply, nor be in any
Manner sued after such Acceptance, in respect or by reason of
any subsequent Non-observance or Non-performance of the

Conditions,

1840. Insolvent Debtors^ Ireland. Cap. 107. 679

Conditions, Covenants, or Agreements therein contained :
Provided always, that in all such Cases, as aforesaid it shall he
lawful for the Lessor or Person agreeing to make such Lease,
his Heirs, Executors, Administrators, or Assigns, if the said
Assignee or Assignees, or the said Provisional Assignee if no
other Assignee has been appointed, shall refuse to accept such
Lease or Agreement for a Lease, or shall decline, upon his or
their being required so to do, to determine whether he or they
will or will not accept such Lease or Agreement for a Lease,
to apply to tlic said Court, praying that he or they may either
so accept the same, or deliver up such Lease or Agreement
for a Lease, and the Possession of the Premises 'demised or
intended to be demised; and the said Court shall thereupon
make such Order as in all the Circumstances of the Case shall
seem > meet and just, and such Order shall be binding on all
Parties.

XXXIX. And be it enacted, lliat it shall be lawful for tlie Atngneea may
Assignee or Assignees of any such Prisoner, and such Assignee JJairo**^**'^**'^
or Assignees is and are hereby empowered, to sue, from Time
to Time as there may be Occasion, in his or tlieir own Name
or Names, for the Recovery, obtaining, and enforcing of any
£state. Effects, or Rights of such Prisoner, but in Trust for the
Benefit of the Creditors of such Prisoner according to the Pro-
visions of this Act, and to give such Discharge and Discharges
to any Person or Persons who shall be respectively indebted
to such Prisoner as may be requisite; and to make Com- may make
positions with any Debtors or Accountants to such Prisoner, ^[22^"°" ^
where the same shall appear necessary, and to take such reason-
able Part of any such Debts as can upon such Composition be
irotten in full Discharm of such Debts and Accounts ; and to •^^ ™*7 *"!>-
submit to Arbitration any Difference or Dispute between such . ^ AjWinuSmT
Assignee or Assignees and any Person or Persons, for or on
account or by reason of any Matter, Cause, or Thing relating
lo the Estate and Effects of such Prisoner : Provided never- Coment of
theless, that no such Composition or Submission to Arbitration ^^^eeMiry to
shall be made, nor any Suit in Ekjuity be commenced, by any CompoBitioiis
such Assignee or Assignees, without the Consent in Writing of '^p^ Arbitn-
the major Part in Value of the Creditors of such Prisoner, who ^*^^
shall meet together pursuant to a Notice of such Meeting to be
published at least Fourteen Days before such Meeting in the
Dublin Gazette^ and also in some Newspaper most usually
circulated in the Neighbourhood of the Place where such
Prisoner had his or her last usual Residence before his or her
Imprisonment .as aforesaid, nor without the Approbation of the
said Court.

XL. And be it enacted, That all Matters wherein Creditors Creditors to
shall vote, or wherein the Assent or Dissent of Creditors shall J^^^IJ^j^^
be exercised, in pursuance of or in carrying into effect this Act, ^ them on
every Creditor shall be accounted such in respect of such Account fairly
Amount only as upon an Account fairly stated between the ***^-
Parties, exclusive ofi the Value of mortgaged Property, Judg-
ments, or other such available Securities and Liens, with respect

to

080

Cap. 107:

Insolvent Debtors, Irdcmd.

3 4 4 Vict,

Suits not to b«
abated by Death
or Remotal of

Where the Pri-
soner if bene-
iicially entitled
to Stock, tho
Court may
order a Trans-
ftr.

Power not to
extend to the
Income of a
Benefice, &c.

Sequestration
of Profit of

Benefice may
be obtuned.

to which the Creditor entitled to the Benefit thereof shall not
have made and filed an Election under the Provisions of this
Act, shall appear to be the Balance due; and that all Disputes
arising in such Matters concerning any such Amount shall, upon
Application duly made in that Behalf, be examined into by the
said Court, who shall have Power to determine the same, or,
if it seem fit, to refer the Examination thereof to an Officer ^
the said Court, or Examiner : Provided always, that the Amount
in respect of which any such Creditor shall vote in any such
Matter shall not be conclusive of the Amount of his or her
Debt for any ulterior Purposes in pursuance of the Provisions
of this Act.

XLI. And be it enacted, That whenever any such Assignee
or Assignees shall die or be removed, or a new Assignee or
Assignees shall be appointed in pursuance of the Provisions of
this Act, no Action at Law or Suit in Equity shall be thereby
abated, but the Court in which any Action or Suit is depending
may, upon the Suggestion of such Death or Removal and new
Appointment, allow the Name or Names of the surviving ot
new Assignee or Assignees to be substituted in the Place of the
former, and such Action or Suit shall be prosecuted in the
Name or Names of the said surviving or new Assignee or
Assignees in the same Manner as if he or they had originally
commenced the same.

XLII. And be it enacted, That if any such Prisoner shall,
at the Time of filing such Petition as aforesaid, whether such
Petition shall have been preferred by himself or by any such
Creditor as aforesaid, or at any Time before such Prisoner shall
have become entitled to his final Discharge according to this
Act, have, any Government Stocks, Funds, or Annuities, or any
of the Stock of any public Company, either in England^ Scodandj
or Ireland, standing in his own Name, in his own Right, and
for his own Benefit, it shall be lawful for the said Court for the
Relief of Insolvent Debtors, whenever it shall seem fit so to
do, to order all Persons whose Act or Consent is thereto neces-
sary to transfer the same into the Name of such Assignee or
Assignees as aforesaid, and all such Persons whose Act or
Consent is so necessary as aforesaid are hereby indemnified for
all Things done or permitted pursuant to such Order.

XLIII. And be it enacted, That nothing in this Act con*
tained shall extend to entitle the Assignee or Assignees of the
Estate and Effects of any such Prisoner, being a beneficed
Clergyman or Curate, to the Income of such Benefice or Curacy
for the Purposes of this Act : Provided always, that it shall be
lawful for such Assignee or Assignees to apply for and obtain
a Sequestration of the Profits of any such Benefice for the
Payment of the Debts of such Prisoner ; and the Order appoint-^
ing an Assignee or Assignees of such Prisoner in pursuance of
this Act shall be a sufficient Warrant for the granting of such
Sequestration, without any Writ or other Proceedings to autho-
rize the same; and such Sequestration shall accordingly be
issued as the same might have been issued upon any Writ of

Levari

1840. Imolvad DAtorSy Ireland. Cap.l07« 661

Levari facias founded upon any Judgment against such
Prisoner.

XLIV. And be it enacted, That nothing in this Act contained Assignees
shall extend to entitle the Assignee or Assignees of the Estate ^^^^ the
and Effects of any such Prisoner, being or having been an Pav or Pensioa
Officer of the Army or Navy, or an Officer or Clerk or other* of Natal, MUi-
wise employed or engaged in the Service of Her Majesty in the ^* ^ ^*^
Customs or Excise, or any Civil Office or other Public Depart-*
ment whatsoever, or being or having been in the Naval or
Military Service of the East India Company, or an Officer
or Clerk or otherwise employed or engaged in the Service
of the Court of Directors of the said Company, or being
otherwise in the Enjoyment of any Pension whatever under any
Department of Her Majesty's Government or from the said
Court of Directors, to the Pay, Half Pay, Salary, Emoluments,
or Pension of any such Prisoner for the Purposes of this Act :
Provided always, that it shall be lawful for tlie said Court to Portion of Fay
order such Portion of the Pay, Half Pay, Salary, Emoluments, ^ Penaon may
or Pension of any such Prisoner, as on Communication from Application.*'"'
the said Court to the Secretary at War, or the Lords Commis-
sioners of the Admiralt}% or the Commissioners of the Customs
or Excise, or the chief Officer of the Department to which such
Prisoner may belong or have belonged, or under which such '
Pay, Half Pay, Salary, Emoluments, or Pension may be enjoyed
by such Prisoner, or the said Court of Directors, he or they
may respectively under his or their Hands, or under the Hand
of his or their chief Secretary or other chief Officer for the Time
being, consent to in Writing, to be paid to such Assignee or
Assignees, in order that the same may be applied in Payment
of the Debts of such Prisoner ; and such Onler and Consent
being lodged in the Office of Her Majesty's Paymaster General^
or of the Secretary of the said Court of Directors, or of any
other Officer or Person appointed to pay or paying any such
Pay, Half Pay, Salary, Emoluments, or Pension, such Portion
of die said Pay, Half Pay, Salary, Emoluments, or Pension as
shall be specified in such Order and Consent shall be paid to
the said Assignee or Assignees until the said Court shall make
Order to the contrary.

XLV. And be it enacted, That if any such Prisoner shall Goods in po9-
at the Time of his Arrest or other Commencement of his "*^^°u^b
Imprisonment, by the Consent and Permission of the true he was reputed
Owner thereof, have in his Possession, Order, or Disposition Owner, to be
any Goods or Chattels whereof such Prisoner was reputed ^f*™^*"'
Owner, or whereof he had taken upon him the Sale, Alteration,
or Disposition as Owner, the same shall be deemed to be the
Property of such Prisoner so as to become vested in the Pro-
visional Assignee of the. said Court, by the Order made in
pursuance of this Act : Provided that no Transferor Assignment Ko Assign,
of any Ship or Vessel, or any Share thereof, made as a Security ™p* ®j ^^
for any Debt or Debts, either by way of Mortgage or Assign-. s&4W. 4.0.55.
ment, duly registered according to the Provisions of an Act to bt affected,
made in the Session of Parliament held in the Third and

Fourth

682

Cap. 107.

InscioeiU DAtors, Ireland.

3 & 4 Vjct.

Distrem not to
be aTBilable for
more than One
Year*s Rent*

Voluntary Pre-
ference fraudu-
lent, and void
ai against A»-
aigneet.

Wammt of
Attorney and
Cognovit ac-
tionem not to
be acted upon
against Goods
of InsolTent
after his Im-
prisonment.

Asngnees to
file Accounts.

Fourth Years of the Reign of His late Majesty King William
the Fourth, intituled jin Act for tlie registering of British Vesseby
shall be invalidated or affected by reason of such Possession,
Order, or Disposition of the same as aforesaid.

XLVI. And be it enacted, That no Distress or Distresses for
Rent, made and levied after the Arrest or otiier Commencement
of die Imprisonment of any Person whose Estate shall by any
such Order as aforesaid have been vested in the Provisional
Assignee, upon the Goods or Effects of any such Person, shall
be available for more than One Year's Rent accrued prior to
the making of such Order, but that the Landlord or Party to
whom the Rent shall be due shall and may be a Creditor for
the Overplus of the Rent due, and for which the Distress shall
not be available, and entided to all the Provisions made for
Creditors by this Act

XLVII. And be it enacted. That if any such Prisoner shall,
before or after his or her Imprisonment, being in insolvent
Circumstances, voluntarily convey, assign, transfer, cliarge,
deliver, or make over any Estate, Real or Personal, Security
for Money, Bond, Bill, Note, Money, Property, Goods, or
Effects whatsoever, to any Creditor or Creditors, or to any
Person or Persons in Trust for, or to or for the Use, Benefit,
or Advantage of any Creditor or Creditors, every such Con-
veyance, Assignment, Transfer, Charge, Delivery, and making
over shall be deemed and is hereby declared to be fraudulent
and void as against the Provisional or other Assignee or
Assignees of such Prisoner appointed under diis Act: Provided
always, that no such Conveyance, Assignment, Transfer, Charge,
Delivery, or making over shall be so deemed fraudulent and
void, unless made within Three Months before the Comnoence-
ment of such Imprisonment, or with the View or Intention by
the Party so conveying, assigning, transferring, cliarging,
delivering, or making over, of petitioning the said Court for his
Discharge from Custody under this Act.

XLVIII. And be it enacted, That in all Cases where any
Prisoner whose Instate shall have been vested in the said Pro-
visional Assignee under this Act shall have executed any Warrant
of Attorney to confess Judgment, or shall have given any
Cognovit actionem or Bill of Sale, whether for a valuable Con-
sideration or otherwise, no Person shall after the Commencement
of the Imprisonment of such Prisoner avail himself or herself
of any Execution issued or to be issued upon any Judgment
obtained or to be obtained upon such Warrant of Attorney or
Cognovit actionem, or of such Bill of Sale, either by Seizure
and Sale of the Property of such Prisoner or any Part tliereof^
or by Sale of such Property theretofore seized,, or any Part
thereof, but that any Person or Persons to whom any Sum or
Sums of Money shall be due in respect of any such Warrant
of Attorney or Cognovit actionem, or of such Bill of Sale* shall
and may be a Creditor or Creditors for the same under this Act.

XLIX. And be it enacted, That the Assignee or Assignees
of any such Prisoner, at the End of Three Months at the

s farthest

1 840. Insolvent DAtars^ Ireland. Cap. 1 07. 683

farthest from the Time of his Appointment, or sooner it the
said Court shall direct, and so from Time to Time as Occasion
shall require or the said Court shall direct, shall make up an
Account of such Prisoner's Estate, and make Oath in Writing
beibre the Chief Clerk of the said Court, or before any other
Person before whom Affidavits are by this Act directed to be
sworn, that such Account contains a &ir, just, and particular
Account of the Estate and Effects of such Prisoner got in by
or for such Assignee, and of ail Payments necessarily made or
deducted therefrom, and of all Expences sought to be allowed
in respect thereof up to the Time of filing such Account, or to
some ulterior Time if need be ; which Account so sworn, together
with a Minute concerning the probable Assets of the Estate
(if any), shall be filed with the proper Officer of the said
Court ; and if there shall appear to be in the Hands of such Debts to h%
Assignee or Assignees any Balance wherewith a Dividend may •acertaiiied,and
be made. Proceedings shall be had forthwith, under the Direo ^''''^!^'
lion of the said Court, for making such Dividend, and also, tobema^™^
when it shall appear' necessary, for correcting and ascertaining
the Lists of Creditors entitled to receive the same ; and Notice
of any Meeting ordered to be held for such ascertaining of
Debts, or for declaring Dividend thereupon, or for both Purposes^
iBhall be given for such Time and Place and in such Manner
as the said Court shall at any Time or in any Case direct; and
in case such Dividend shall be made before Adjudication shall
have been made with respect to such Prisoner as herein-after
provided, the same '* shall be made amongst the Creditors of
such Prisoner who shall prove their Debts in pursuance of any
Order of the said Court to be made in that Behalf; and in
case such Dividend shall be made after such Adjudication the
same shall be made amongst the Creditors of such Prisoner
whose Debts shall be admitted in his or her Schedule so sworn
to as herein-after directed, and amongst such other Creditors (if
any) who shall prove their Debts in manner aforesaid, in propor-
tion to the Amount of the Debts so proved, and so admitted
and proved respectively, as-the Case may be : Provided always, Court may
that if any such Prisoner, Creditor, or Assignee shall object in ^f"^ "^
whole or in part to any Debt tendered to be so proved as afore- cSma.
said, or to any Debt mentioned in the Schedule of such Prisoner,
or if any Person whose Demaftd is stated in such Schedule,
but is not admitted therein to the Extent of such Demand,
shall claim to be admitted as a Creditor for the whole of such
Demand, or for more thereof than is so admitted, the said
Objections and Claims shall, upon Application duly made, be
examined into by the said Court, and the said Court may, if
deemed fit, refer the Examination of the same to the Chief
Clerk or other Officer of the said Court ; and the said Court and
such Officer to whom such Reference shall have been made
shall have full Power, for the Purpose aforesaid, to require and
compel the Production of all Books, Papers, and Writings which
may be necessary to be produced, as well by the Person claiming
such Debt as by such Prisoner, or bis or lier Assignee or
[No. 44. Price 2<£.] X x Assignees,

jr

684 Oq^I07. Jksohent DdOors, IreLmd. S&4Vicr

Assignee^ Creditor or Creditorsi and to ex^ine all such

Persons and their Witnesses upon Oath, as the Nature of the

Case may require, and to take all other Measures necessary for

the due Investigation of such Objections and Claims ; and the

Decision of the said Court or Commissioner thereupon shall be

conclusive with respect to the Title of any such Creditor or

Creditors to his, her, or their Share of such Dividend under the

Provisions of such Act : Provided always, that if in any Case

it shall appear expedient that the Proof of any Debt or Debts

should be required to be made at an earlier or other Period

than as aforesaid, it shall be lawful at any Time for the said

Court, by such Notice as may be directed in that Behalf, to

cause all or any of the Creditors to prove their Debts in such

Manner as the said Court or a Commissioner thereof shall

require, and to decide upon such Debts, and the Rights to

receive Dividends thereupon, and to do all Things requisite

thereto as aforesaid.

If Prisoner, L. And be it enacted, That in case such Prisoner, or any of

Q>^diaMiti^ ^^ °^ ^®' Creditors, or the said Court, shall at any Time be

tied with Aarig. dissatisfied with the Account of any such Assignee or Assignees

nee'k Account, SO rendered upon Oath as aforesaid, and it shall appear to the

^l^?'* "?*y said Court that the Matters of such Account require a fuller

direct Inquiry. r ^\^ r* - - • i. a •

^ ' or further Exammation, or m case any such Assignee or
Assignees shall n^lect to render such Account, or shall neglect
to dispose of the ProperQr or collect the Effects of such Prisoner,
or shall in any Manner waste or mismanage the Estate or
Effects of such Prisoner, or neglect to make a due Distribution
thereof, it shall be lawful for the said Court to require such
Assignee or Assignees to render such Account on Oath as is
directed by this Act, if not before rendered, and for the said
Court to examine or further examine any Account so rendered,
and to inquire into any Waste, Mismanagement, or Neglect of
the Estate and Effects of such Prisoner, and, if it shall seem
fit, to order that it shall be referred to the Chief Clerk or other
Officer of the said Court to investigate the Accounts of such
Assignee or Assignees so rendered as aforesaid, together with
all Matters brought forward in objection thereto, and to examine
into die Truth thereof, and to report thereon to the said Court ;
and it shall and may be lawful for the said Court or such Officer,
upon such Reference as aforeSaid, to require and compel the
Production of all Books, Papers, and Writing necessary for such
Purposes, and to summon all Parties before him or them, and
to examine all Parties and their Witnesses on Oath, as the Case
may require ; and the said Court shall and may take all such
Measures as shall be necessary for the compelling of the render-
ing of such Account, and for the due Investigation thereof,
and shall have Power to disallow any Charge or Charges in
such Account which it shall appear to the said Court ought
not in Fairness to be allowed, and to ascertain the Produce of
the Estate and Effects of any such Prisoner to be divided among
his or her Creditors, and to direct the Distribution thereof, and
to take all such Measures and make such Orders as shall be

necessary

1840. InmivejU Debtorsj Irekmd. Cap. 107. 685

necessary for compeUing the proper Disposition and Distribution

thereof, and to award Costs against any of the Parties as Justice

shall require; and that if it shall appear to the said Court, upon Court may

any Examination of such Matters of Account, that any such charge Assignee

Assignee or Assignees shall have wilfully retained in his or Sj^fOTMoney

their Hands, or otherwise employed for his or their own Benefit, wiifixlly re-

any Sum or Sums of Money Part of or being the Produce of *a«ned.

such Estate or Effects, the said Court shall have Power and

Authority to order such Assignee or Assignees to be charged in

his or their Accounts with the Estate of such Prisoner with such

Sum or Sums of Money as shall be equal to the Amount of

Interest, computed at a Rate not exceeding Twenty Pounds per

Centum per Armum^ on all Sums of Money appearing to the said

Court to be so retained or employed by him or them, for the

Time or Times during which he or they shall have so retained

or employed the same ; and the said Court shall in pursuance

of such Order charge such Assignee or Assignees in their

Accounts with such Sum or Sums of Money accordingly ; and

the Decisions of the said Court upon all such Matters shall be

final and conclusive.

LL And be it enacted. That the said Court for the Relief of Court, at R^
Insolvent Debtors, or any One Commissioner of the said Court, ^J^*''*"^
shall, immediately after the End of Six Calendar Months next gummon'and
after the Appointment of an Assignee or Assignees under this examine Assig-
Act, at the Request of any One or more Creditor or Crediors, ^^? Months
summon such Assignee or Assignees before such Court or Com- pointmMit,^*
mission, and examine such Assignee or Assignees, upon Oath touching his
or otherwise, touching his, her, or tlieir Receipts and Payments, j^f^^**^** j
and shall thereupon order the Money in the Hands of such to o^» Pay^
Assignee or Assignees to be paid into the Bank of Ireland to the ment of Money
Credit of such Matter, with the Privity of the Chief Clerk of j^^f SSk
the said Court, and that such Dividend be made of the Estate of livknd.
and Efiects of such Prisoner as the said Court may think proper ;
and in case any Dividend or Dividends shall remain in the Aaogneesto
Hands of such Assignee or Assignees for the Space of Three ^m^ds" to
Months next following the declaring thereof, it shall and may court.
be lawful to and for such Court, and such Court or any One
Commissioner thereof is hereby authorized, to order and direct
that such unclaimed Dividend or Dividends shall be immediately
paid into the Bank of Ireland as aforesaid ; and in default of
Payment of such Dividend or Dividends by the Time by the
said Court to be for that Purpose limited, it shall and may be
lawful to and for the said Court to order such summary
Remedy, for the Purpose of a Distress and Sale of the (roods
and Chattels of such Assignee or Assignees in the Name of
such Creditor as shall desire the same, as to the said Court shall
seem proper ; and if no sufficient Distress can be found, then
and in such Case the said Court shall be at liberty to commit
the Offender to the Common Gaol or House of Correction,
without Bail or Mainprise, there to remain until the said Court
shall make such Order to the contrary.

X x 2 LH. And

686

Prorisioni re«
specting Monef
paid into the
Bank of Ire-
land.

Cap. 107.

Intolveni Debtorij Ireland.

3 & 4 Vicr.

Court may
move AwSgnew,
and appoint new
Aangneet.

What shall be
Evidence of
RpDiOTal and
Appointment.

LII. And be it enacted, That all and every Sam and Sums
of Money which under the Provisions of this Act shall be lodged
in the Bank of Ireland shall be so lodged, with the Privity of
the Chief Clerk for the Relief of Insolvent Debtors, to the
Credit of the Matter in which the same shall be so lodged, and
the same shall be subject to the Orders of the said Court, and
shall from Time to Time^ as Justice shall require, be drawn out
of the said Hank by the Drafts of the said Chief Clerk, drawn
under and in pursuance of, the Orders of the said Court,
authenticated by Copies of such Orders respectively dated and
signed by a Commissioner of the said Court, which Copies shall
remain together with such Drafts in the said Bank ; and that
any such Draft shall be void unless presented for Payment
within One Calendar Month from the Date of such Copy of such
Order, and the same shall be expressed in every such Order.

LI 11. And be it enacted, That in case any Assignee of the
Estate and Effects of any such Prisoner so appointed as afore-
said shall be unwilling to act or to continue to act as such
Assignee, or in case of the Death, Incapacity, Disability, Mis-
conduct, or Absence from the Realm of any such Assignee, or
other Cause of Unfitness appearing to the said Court, it shall
be lawful to and for any Creditor or Creditors of such Prisoner,
his or their Executors or Administrators, or for such Prisoner,
or in case of his Death for the Heirs, Ebcecutors, or Adminis-
trators of such deceased Prisoner, to apply to the said Court
to appoint a new Assignee or Assignees, with like Powers and
Authorities as are given by this Act to the Assignee or Assignees
herein- before mentioned; and that the said Court shall have
Power to remove such Assignees, and to appoint such new
Assignee or Assignees, and to compel any Assignee who shall
be removed, and the Heirs, Executors, or Administrators of any
deceased Assignee, to account for and deliver up to the said
Court, or as the said Court shall order, all such Estate and
Effects, Books, Papers, Writings, Deeds, and other Evidences
relating thereto as shall remain in his or their Hands, to be
applied for the Purposes of this Act, and the Decision of the
said Court in the Matters aforesaid shall be final and conclusive ;
and from and immediately after such Appointment of a new
Assignee or Assignees, and by virtue of the Order of the said
Court in that Behalf, all the Estate^ EfTecU, Rights, and Powers
of such Prisoner, vested in any such former Assignee or As-
signees, shall become and the same are hereby vested in such
new Assignee or Assignees, without any Assignment or Con-
veyance executed in that Behalf j. and every such Removal and
Appointment shall be entered of Record in the said Court, and
such Notice thereof shall be published as the said Court shall at
any Time direct ; and Proof^of such Removal and Appointment
so entered of Record as aforesaid shall be received by such
certified Copy thereof as is herein-before directed to be received
as Proof of such Order and Appointment as aforesaid made in
pursuance of this Act.

LIV. And

1840. Insolvent DAtorSj Ireland. Cap. 107. 667

LIV. And be it enacted, That in ease any Assignee or other Court to hate
Person shall disobey any Rule or Order of the said Court, duly ^^^^J^"^
made by the said Court for enforcing the Purposes and Provisions impriaonment
of this Act, or made and entered into by the Consent of such of Assignee or
Assignee or other Person for carrying into efiect the Purposes a^^bev'^^ts
and Provisions of this Act, it shall and may be lawful for the Order,
said Court to order die Person so offending to be arrested and
committed as for a Contempt of the said Court, to the Prison of
the Marshalsea of the Four Courts, Dublin^ or to Her Majesty's
Prison of Kilmainhamy or to the Common Gaol of any County,
City, or Place where he or she shall be^ or where he or she shall
usually reside, there to remain, without Bail or Mainprize, until
such Person shall have fulfilled the Duty required by diis Act,
or until the said Court shall make Order to the contrary.

L V. And be it enacted, Tliat all Enactments and Provisions Extent of Pn>-
in this Act contained concernini; the Appointment and Removal ^^onsofthis
of Assignees, and otherwise concerning Assignees, and concern- to Assign^
ing Debts and Dividends, and the Management and Control of and to the Es-
the Estates of Insolvent Debtors, shall be deemed to extend to ***^°^ ^"*^"
all Cases which shall or may be of Record in the said Court for
the Relief of Insolvent Debtors at the Commencement of this
Act, as well as to Cases arising subsequently thereto.

LVI. ^ And whereas it may often happen that some Interest ^urt may

* in Lands and Tenements has or may become vested in the ]^^^p^"

< Provisional Assignee of the said Court for the Relief of Insol- Tisional Assig.

* vent Debtors which appears to be of no Value to Creditors, nee where no

* but nevertheless it may be reasonable and expedient that the ^^^^'*

< Provisional Assignee should make or join in making some
' Conveyance or Assignment to the same, and that the same
^ should be done without the Expence attending Advertisements

< and Meetings of Creditors, as herein-before described in cer-

< tain Cases ;' be it therefore enacted. That it shall be lawful
for the said Court, at any Time after the Day gazetted for the
bringing up of any Prisoner to be dealt with according to
the Provisions of this Act, if no Person or Persons other than the
said Provisional Assignee shall have been appointed Assignee
or Assignees of his Estate and Effects, and if it shall appear fit,
upon such Notice given by Advertisement or otherwise to the
Creditors or any of them, as the said Court shall in any Case
direct, to order the said Provisional Assignee to make or join
ia making any Conveyance or Assignment of any such Interest,
as to the said Court may appear just and reasonable, without
observing the Provisions of this Act as to the Sale of Real
Property by the Provisional or other Assignees of the Estates
of Insolvent Debtors. 4

LVII. And be it enacted, That every Prisoner whose Estate After Order
shall, by an Order to be made under this Act, be vested in the ^^^*^^^
Provisional Assignee of the said Court for the Relief of Insol- in a Schedule of
vent Debtors (whether upon his own Petition or on the Petition Debts, Pro-
of any such Creditor as aforesaid), shall within the Space of ^^^^* ***
Fourteen Days next after such Order shall have been made, or
next after Notice in Writing of such Order having been made

X x 3 shall

688 Cap. 107. InsolnaU DAtars, IrOand. 8aL4V]CX.

shall have been given to him, in case such Order shall not have
been made on his own Petition, or within such further Time as
the said Court shall think reasonable, deliver into the said Court
a Schedule containing a full and fair Description of such Pri-
soner, as to his Name or Names, Trade or Trades, Profrticm
or Professions, together with the last usual Place of Abode of
such Prisoner, and the Place or Places where be has resided
during the Time when his Debts were contracted, and also a
full and true Description of all Debts due or growing due from
such Prisoner at the Time of making such Order, and of all and
every Pewon and Persons to whom such Prisoner shall be in-
debted, or who, to his Knowledge or Belief, shall claim to be his
Creditors, together with the Nature and Amount of such Debts
and Claims respectively, distinguishing such as shall be admitted
from such as shall be disputed by such Prisoner, and also a full,
true, and perfect Account of all the Estate and Effects of such
Prisoner, Real and Personal, in Possession, Reversion, Re-
mainder, or Expectancy, and also of all Places of Benefit or
Advantage held by such Prisoner, whether the Emoluments of
the same arise from fixed Salaries, or from Fees, or otherwise
and also of all Pensions or Allowances of the said Prisoner, in
Possession or Reversion, or held by any other Person or Persons
for or on behalf of the said Prisoner, or of and from which the
said Prisoner derives or may derive any Manner of Benefit or
Advantage, and also of all Rights and Powers of any Nature
and Kind whatsoever which sucli Prisoner, or any other Person
or Persons in Trust for such Prisoner, or for his Use, Benefit,
' or Advantage, in any Manner whatsoever, shall be seised or

possessed of or interested in or entitled unto, or which such
Prisoner, or any other Person or Persons in Trust for him or
for bis Benefit, shall have any Power to dispose of, charge, or
exercise for the Benefit or Advantage of such Prisoner, together
with a full, true, and perfect Account of all the Debts, at the
Time of making such Order, due or growing due to such Pri-
soner, or to any Person or Persons in Trust for him or for his
Benefit or Advantage, either solely or jointly with any other
Person or Persons, and the Names and Places of Abode of the
several Persons from whom such Debts shall be due or growing
due, and of the Witnesses who can prove such Debts, so far as
such Prisoner can set forth the same ; and the said Schedule
shall also contain a Balance Sheet of so much of the Receipts
and Expenditures of such Prisoner, and of the Items composing
the same, as shall be at any Time required by the said Court
in that Behalf, and also shall fully and truly describe the Wearing
Apparel, Bedding, and other Necessaries of such Prisoner and
his or her Family, and the working Tools and Implements of
such Prisoner, not exceeding in the whole the Value of Fifteen
Pounds, which may be excepted by such Prisoner from the
Operation of this Act, together with the Values of such excepted
Articles respectively; and the said Schedule shall be subscribed
by such Prisoner, and shall forthwith be filed in the said Court,
together with all Books, Papers, Deeds, and Writings in any

9 way

1840. Insohent DOicTMy IreUmd. Cap. 107. 660

way rekting to such Prisoner's Estate or Efiects, in his or her

Possession, or under his or her Custody or Control : Provided Schedule to b6

always, that if any Prisoner, whose Estate shall by any such fii^^j»t»>B<»*^

Order of the said Court be vested in such Provisional Assignee

on the Petition of any such Creditor as aforesaid, shall neglect

or refuse to deliver into the said Court such Schedule as aiore*

said within such Time as may be directed by any Order of the

said Court in that Behalf, it shall be lawful for such Court, by

Warrant, to commit such Prisoner so offending to such Prison

as aforesaid, or to the Common Gaol of any County or Place,

there to remain, without Bail or Mainprize, until such Time as

he or she shall submit himself or herself to such Court, and

deliver into such Court such Schedule as aforesaid.

LVIII. And be it enacted. That the said Court for the Relief Court to ap-
of Insolvent Debtors shall forthwith, after such Schedule shall ^foll^SI"^
have been filed as aforesaid in the said Court by any such sonertobe
Prisoner, appoint a Time and Place for such Prisoner to be brought up.
brought up before such Court or a Commissioner thereof on
his Circuit to be dealt with according to the Provisions of this
Act, and the Time so appointed shall in no Case be more than
Four Calendar Months after the Date of such Appointment;
and where such Prisoner shall be in any Gaol within the County
of Dublitij or the County of the City of Dublirij the said Court
shall order such Prisoner to be brought before the said Court;
and where any such Prisoner shall be in any other Graol in Manner of Pro-
Ireland, except in the County of DubltJi or County of the City ^^^
of Dublin, the said Court shall order such Prisoner to be onCireuit.
brought before one of the Commissioners of the said Court
proceeding on his Circuit at the Assize Town for the County
or County of a City or Town wherein such Gaol shall be situate,
as may be directed by the Order of the said Court in that
Behalf; and the Expence of conveying such Prisoner to any
such 'Assize Town, in every Case where the Graol in which such
Prisoner shall be confined shall not be situate within such
Assize Town, not exceeding One Penny a Mile, shall be paid
to the Keeper or Gaoler or OflScer who shall bring such Pri-
soner to such Assize Town in obedience to such Rule or Order
out of the Estate or Effects of such Prisoner, if the same shall
be sufficient to pay such Expence^ and if not, then such Expence
shall be paid by the Treasurer of the Coimty, County of a City,
or County of a Town in which such Prisoner shall be impri-
soned, as the same shall be directed or ordered by the Commis-
sioner of the said Court before whom such Prisoner shall be
brou^t; and the Grand Jury of such County, County of a
City, or County of a Town is hereby empowered and required
to present ihe Amount thereof at the Assizes next ensuing the
Day mentioned in such Itule or Order.

LIX. And be it enacted, Thafc in case such Commissioner, CommiaBioiier
upon attending at any Assize Town for the Purposes of this ^^^^\
Act, shall see Cause to appoint for the Appearance of such peu- before him
Prisoner before him in any Place within the Precincts thereof, ■* ^j other
other than the Court House or other Place which may have ^'^^^^

X X 4 been House.

690

Cap. 107.

Insolvent DAiarsy Irdand.

S&4Vicf.

Proper Court
Iloiue to bt
provided.

Notice to be
given to Cre-
ditors, and
advertiied.

At the Time of
Hearing the
Schedule' to be

Creditonmay
oppoee Pri«
•oner's Die-
charge.

been appointed by the previous Order of the said Court in that
Behalf, it shall and may be lawful for such Commissioner, by an
Order to be made in that Behalf, to appoint such other Place
within the Precincts of the said Assize Town for such Prisonisr
to be brought up before such Commissioner; and every such
new Order shall be as valid to all Intents and Purposes as if
the Place tliereby appointed for the Appearance of such Priscmer
before such Commissioner had been the Place appointed for that
Purpose in the original Order of the said Court in that Behalf.

LX. And be it enacted. That the SheriiF (or his Deputy)
of every County, or County of a Qty or County of a Town,
wherein such Commissioner on Circuit shall hold his Sittings
for the Purposes of this Act, shall from Time to lime provide
that the Court House or other Place appointed for such Sitting
shall be duly prepared and made ready for that Purpose ; and
jiiat such Sheriff (or his Deputy) shall from Time to Time
attend such Conmiissioner during such Sitting; and the neces-
sary Expence of preparing such Court House or other Place
shsJl be paid by the Treasurer of such County, County of a
City, or County of a Town, and that the Grand Jury of sudi
County, County of a City, or County of a Town are hereby
empowered and required to present the Amount of such Ex*
pences at the Assizes next ensuing the Time of every such
Sitting.

LXI. And be it enacted, That the said Court for the Relief
of Insolvent Debtors shall cause Notice of the making every
such vesting Order as aforesaid, and the filing of every such
Schedule, and of the Time and Place so as aforesaid appointed
for such Prisoner to be brought up, to be given, by such Means
as the said Court shall direct, to the Creditor or Creditors, at
whose Suit any such Prisoner shall be detained in Custody, or
the Attorney or Agent of such Creditor or Creditor^ and to the
other Creditors named in the Schedule of such Prisoner, and
resident within the United Kingdom, and whose Debt shall
amount to the Sum of Five Pounds, and to be inserted in the
Dublin Gazettcy and also, if the said Court shall think fit, in the
Edinburgh and London Gazettes, or either of them, and also
in such other Newspaper or Newspapers as the said Court shall
direct.

LXU. And be it enacted. That upon such Prisoner being
brought up as aforesaid the said Court or Commissioner shall
examine into the Schedule of every such Prisoner so brought
before the said Court or Commissioner, upon the Oath of such
Prisoner and of such Parties and other Witnesses as the said
Court or Commissioner shall think fit to examine thereupon;
and in case such Notice as the said Court shall direct shall have
been given by any Creditor of his Intention to oppose such
Prisoner's Discharge, it shall Ije lawful both for the said Creditor
and any other of the Creditors of such Prisoner, and notwith-
standing such Creditor or Creditors may have petitioned for
and obtained such vesting Order as aforesaid, to oppose such
Prisoner *s Discharge, and for that Purpose to put such Ques-
tions

1840. Ifuohent DOtarSf Ireland. Cap. 107. 691

tions to sach Priaoner, and examine such Witnessesi as the said
Court or Commissioners shall think fit, touching the Matters
contained in such Schedule, and touching such other Matters
as the said Court or Commissioner shall be of opinion that it
may be fit and proper to inquire into, in order to the> due
Execution of this Act ; but no Creditor shall examine or oppose
the Discharge of such Prisoner until he shall make Oath or
A6Sdavit of his Debt, or otherwise give satisfactory Proof of his
Right to oppose such Prisoner's Discharge, if required so to do
by such Prisoner; and that in case the said Court or Commis- Httringinaybe
sjonar shall entertain any Doubt touching any Matter alleged a4j«inied.
against such Prisoner at such Hearing to prevent his or her
Discharge, or otherwise touching the Schedule or the Exami-
nation of such Prisoner, or it shall appear that Amendment is
necessary to be made of such Schedule, or in case such Prisoner
shall refuse to be sworn, or shall not answer upon Oath to the
Satisfaction of the said Court or Commissioner, it shall be lawful
for the said Court or Commissioner to adjourn the Hearing and
Examination of such Prisoner, and of Witnesses thereupon, to
some future Sitting of the said Court or Commissioner, or to
some future Circuit to be made by one of the said Commi»-
sioners, or (where such Hearing shall be before a Commissioner
on Circuit) to some future Sitting of the said Court in Ihtblin;
and in every such Case such Prisoner shall, upon such Adjourn-
ment, remain in Custody, and shall and may be again brought
up, and such Hearing and Examination be further proceeded
in, as often as to the said Court or Commissioner snail seem
fit: Provided always, that when any such Hearing shall be ad-
journed, by the said Court generally, or by such Commissioner,
to some future Circuit, or to some future Sitting of the said
Court in Dublin as aforesaid, the said Court shall and may,
upon the Application of such Prisoner, to be made within such
Time as the said Court shall direct, order the said Prisoner to
be brought up for hearing accordingly, and such Notice thereof
shall be given, and to such Parties, as the said Court or Com-
missioner shall direct.

. LXUI. Provided always, and be it enacted. That where any AffidaTits may
Prisoner, whose usual Place of Abode at or lately before his or ^ reeayed in
her Imprisonment was otherwise than in the County of Dublin ^wdctSdi*.
or County of the City of Dublin aforesaid, shall be so brought charge in
before the said Court for the Relief of Insolvent Debtors, it **^
shall be lawful for the said Court to receive the Affidavits
of any Creditor or Creditors, or other Person or Persons not
resident within the CounQr of Dublin or County of the City of
Dublin aforesaid, in opposition to the Discharge of such Prisoner
under this Act; and also, if such Court shall think fit, to permit
Interrogatories to be filed for the Examination or Cross-
examination of any Person making or joining in such Affi-
davits, and to adjourn the Hearing and Examination of such
Prisoner until such Interrogatories shall be fully answered to
the Satisfaction of the said Court; and where any Prisoner
shall be brought before any Commissioner of the said Court on

his

693

Cap. 107.

In$ohma DMorSf Ireland. 8 8c 4 Vict.

Schedule and
PriionerV Ae«
counts maj b«
referred to an
Officer of the
Court, or an
Examineri who
may order Fd»
Boner to attend.

Officer may ad-
minister Oathi.

Court may
order £zpenees
of Reference to
be paid out of
InsoWent*8 Es-
tate.

his Circuit, and the usual Place of Abode of such Prisoner at
or lately before his or her Imprisonment shall have been other
than in the County where such Prisoner shall be brought up,
it shall be lawful for such Commissioner to receive the Affi-
davits of any Creditor or Creditors or other Person or Persons
not resident within the County where such Prisoner shall be
brought up in opposition to the Discharge of such Prisoner
under this Act ; and also, if such Commissioner shall think fit,
to permit Interrogatories *to be filed for the Examination or
Cross-examination of any Person making or joining in such Affi-
davits, and to adjourn the Hearing and Examination of such
Prisoner until such Interrogatories shall be fully answered to
the Satisfaction of the said Commissioner ; and that it shall be
lawful for the said Court to summon and compel to attend
before it the Wife of any such Prisoner (in like Manner as the
said Court is herein-before empowered to compel the Attend-
ance of other Witnesses), and to examine her for the finding
out and Discovery of the Estate, Goods, and Cfaattds of
such Prisoner concealed, kept, or disposed of bj such Wife in
her own Person, or by her own Act, or by any other Person,
and she shall incur such Dai^er imt Penalty for not coming
before the said Courts or for Tcnuing to be sworn or examined,
or for not folly answering to the Satisfaction of the said
Court as would be] incurred by any other Person offending
m like Manner before the said Court or one of the Commis-
sioners thereof.

LXIV. Provided always, and be it enacted. That at such
Hearing or adjourned Hearing it shall be lawful for the said
Court, if it shall appear fit, to order that it shall be referred to
the Qiief Clerk* or other Officer of the said Court to inves-
tigate the Accounts of such Prisoner, and to examine into the
Truth of his Schedule, and to report thereon to the said Court
or Commissioner; and that the said Court may at such Hearing
proceed on the other Matters in opposition to the Discharge of
such Prisoner, or may, if it shall appear just and reasonable
so to do, forthwith adjourn the Hearing thereof until such
Officer shall have made his Report ; and that upon such Refe-
rence being made as aforesaid it shall be lawful for such Officer
to order the Attendance of such Prisoner as often as such Officer
shall think fit, and the Prisoner mentioned in such Order shall
be accordingly carried before such Officer, for which such
Order shall be a sufficient Warrant ; and such Officer shall and
may under such Reference administer Oaths and examine all
Witnesses and Parties upon their Oaths touching all Matters
relating thereto ; and that in all Cases where such Reference
shall have been made as aforesaid it shall be lawful for the
said Court or Commissioner, if just Cause shall appear, to
order all the Fees and Expences of such Reference paid by
any Creditor or Creditors to be repaid to him, her, or them
out of the first Money received by the Provisional or other
Assignee or Assignees of such Prisoner from or by his Estate
or Effects*

LXV. And

1840. huohent Debtors, L'eUmd. Gap. 107. 698

LXV. And be it enacted, That after tudi Examination of Coort, &e. may
any such Prisoner as herein-before directed it shall be lawful, ■^'»^ » ^
at such Hearing or adjourned Hearing as aforesaid, for the chaigedfram
said Court or Commissioner, upon such Prisoner's swearing Cintodj and
to the Truth of his Schedule^ and executing such Warrant of ?**^ *?,?•

A • t * n f 1 i»i « t Benefit of this

Attorney as is herem-after directed, to adjudge that such Act.
Prisoner shall be discharged from Custody, and entitled to
the Benefit of this Act, at such Time as the said Court or
Commissioner shall direct, in pursuance of the Provisions
herein-after contained in that Behalf, as to the several Debts
and Sums of Money due or claimed to be due at the Time of
making such vesting Order as aforesaid from such Prisoner
to the several Persons named in his Schedule as Creditors, or
claiming to be Creditors for the same respectively, or for which
such Persons . shall have given Credit to such Prisoner before
the Time, of making such vesting Order as aforesaid, and
which were not then payable, and as to the future Claims of
any Surety or Bail for such Prisoner named in his or her
Schedule as a contingent Creditor of such Prisoner, and as to
the Claims of all other Persons not known to such Prisoner
at the Time of such Adjudication who may be Indorsees or
Holders of any negotiable Security set forth in such Schedule
so sworn to as aforesaid.

LXVL And be it enacted, That in all Cases where no Ceurtmay
Cause shall appear to the contrary it slnll be lawful for the said '^^P^*'
Court or Commissioner, according as it shall seem fit, lo adjuclge halh^wiitT
that such Prisoner shall be so discharged and so entitled as or not later
aforesaid forthwith, or so soon as such Prisoner shall have been ^JJ^^J^?***
in Custody at the Suit of One or more of the Persons as to ofthePetit^
whose Debts and Claims such Discharge is so adjudicated
for such Period or Periods not exceeding Six Months in the
whole as the said Court or Commissioner shall direct, to be
computed from the making of such vesting Order as aforesaid.

LXVII. And be it enacted. That in case it shall appear to ineertainCases^
the said Court or Commissioner that such Prisoner has frau- l>ueharg^ &&
dulently, with Intent to conceal the State of his Affairs, or to Period not kter
defeat tlie Objects of this Act, destroyed or otherwise wilfiilly than Three
prevented or purposely withheld the Production of any Books^ ^^ ^^
Papers, or Writings relating to such of bis Affiiirs as are sub- P*****®°"*«"
ject to Investigation under this Act, or kept or caused to be
kept fidse Books, or made false Entries in, or withheld En-
tries from, or wilfully altered or falsified any such Books,
Papers, or Writings, or that such Prisoner has ft^udulently,
with Intent of diminishing the Sum to be divided among his
Creditors, or of giving any undue Preference to any of the
said Creditors, discharged or concealed any Debt due to or
from the said Prisoner, or made away with, charged, mor^[aged,
or concealed any Part of his Property, of what Kind soever,
either before or after the Commencement of his or her Impri*
sonment, then it shall be lawful for the said Court or Commis-
sioner to adjudge that such Prisoner shall be so discharged and
so entitled as aforesaid as soon as he shall have been in Custody

at

694

Cap. 107.

In»ohent Debtors^ Irtiand.

9 & 4 Vicr.

In other Cases,
the Discharge,
&c. to be at any
Period not later
than Two
Years from
petitioning.

Discharge may
citend to Pro-
cess fot Con-
tempt in Non-
payment of
Money, and to
Costs incurred
by Creditor, but
subject to Tax-
ation.

at the Suit of some One or more of the Persons as to whose
Debts and Claims such Discharge is so adjudicated for such
Period or Periods not exceeding Three Years in the whole as
the said Court or Commissioner shall direct, to] be computed as
aforesaid.

LXVIII. And be it enacted, That in case it shall appear
to the said Court or Commissioner that such Prisoner shall
have contracted any of his or her Debts frauduleatlv, or by
means of a Breach of Trust, or by means of false Pretences, or
without having had any reasonable or probable Expectation, at
the Time when contracted, of paying the same, or shall have
fraudulently or by means of false Pretences obtained the
Forbearance of any of his Debts by any of his Creditors, or
shall have put any of his Creditors to any unnecessary Expence
by any vexatious or frivolous Defence or Delay to any Suit for
recovering any Debt or Sum of Money due from such Prisoner,
or shall be indebted for Damages recovered in any Action for
Criminal Conversation with the Wife or for seducing the
Daughter or Servant of the Plaintiff in such Action, or for
Breach of Promise of Marriage made to the Plaintiff in such
Action, or for Damages recovered in any Action for a mali-
cious Prosecution, or for a Libel, or for Slander, or in any
other Action for a malicious Injury done to the Plaintiff
therein, or in any Action of Tort or Trespass to the Person
or Property of the Plaintiff therein, where it shall appear to
the Satisfaction of the said Court that the Injury complained of
was malicious, then it shall be lawful for such Court or Com-
missioner to adjudge that such Prisoner shall be discharged
and so entitled as aforesaid forthwith, except as to such Debt
or Debts, Sum or Sums of Money, or Damages as above men-
tioned ; and as to such Debt or Debts, Sum or Sums of Money,
or Damages, to adjudge that such Prisoner shall be so discharged
and so entided as aforesaid so soon as he shall have been in
Custody at the Suit of the Person or Persons who shall be
Creditor or Creditors for the same respectively for a Period or
Periods not exceeding Two Years in the whole, as the said
Court or Commissioner shall direct, to be computed as afore-
said.

LXIX. And be it enacted. That the Discbarge of any Pri-
soner so adjudicated^ as aforesaid shall and may extend to all
Process issuing from any Court for any Contempt of any Court,
Ecclesiastical or Civil, for Nonpayment of Money, or of Costs
or Expences in any Court, B^cclesiastical or Civil ; and that in
such Case the said Discharge shall be deemed to extend also
to all Costs which such Prisoner would be liable to pay in
consequence or by reason of such Contempt, or on purging the
same; and that every Discharge so adjudicated as aforesaid, as to
any Debt or Damages of any Creditor of such Prisoner, shall be
deemed to extend also to all Costs incurred by such Creditor
before the filing of such Prisoner's Schedule in any Action or
Suit brought by such Creditor against such Prisoner for the
Recovery of the same ; and that all Persons, as to whose De-
mands

1840. Insolvent DtbUrrt^ Ireland. Cap. 107. 695

mands for any such Costs, Money, or Expences as aforesaid
«any such Person shall be so adjudged to be discharged, shall
be deemed and taken to be Creditors of such Prisoner in
respect thereof, and entitled to the Benefit of all the Provisions
made for Creditors by this Act, subject nevertheless to such as-
certaining of the Amount of the said Demands as may be had by
Taxation or otherwise, and to such Examination thereof as is
herein provided in respect of all Claims to a Dividend of such
Prisoner's Estate and Effects.

LXX. And be it enacted. That the Discharge of any such Discharge may
Prisoner so adjudicated as aforesaid shall and may extend to extend to Sum«
any Sum or Sums of Money which shall be payable by way of ^ Annui^r^*
Annuity or otherwise, at any future Time or Times, by virtue
of any Bond, Covenant, or other Securities of any Nature what-
soever; and that every Person and Persons who would be a
Creditor or Creditors of such Prisoner for such Sum or Sums
of Money if the same were presently due shall be admissible as
a Creditor or Creditors of such Prisoner for the Value of such
Sum or Sums of Money so payable as aforesaid ; which Value
the said Court shall, upon Application at any Time made in «
that Behalf, ascertain, regard being had to the original Price
given for such Sum or Sums of Money, deducting therefrom
such Diminution in the Value thereof as shall have been caused
by the Lapse of Time since the Grant thereof to the Time of
making such vesting Order as aforesaid ; and such Creditor or
Creditors shall be entitled in respect of such Value to the Bene-
fit of all the Provisions made for Creditors by this Act : Pro-
vided also, that it shall not be lawful for any Person entitled
to any such Annuity to sue any Person who may be Surety
for the Payment of such Annuity until such Annuitant shall,
upon Application at any Time made to the said Court in that
Behalf, have had the said Annuity valued by the said Court
in manner aforesaid ; and if such Surety, after such Valuation,
duly confirmed by an Order of the said Court or a Commis-
sioner thereof, pay the Amount of such Valuation, he shall be
discharged from all Claims in respect of such Annuity; and if
such Surety shall not (before any Payment of the said Annuity
subsequent to the making of the said vesting Or^ler shall have
b^ome due) pay the Amount of such Valuation, he may be
sued for the accruing Payments or Gales of such Annuity
until such Annuitant shall have been paid or satisfied the
Amount of such Valuation, with Interest on the same at the Rate
of Five Pounds per Centum per Annum from the Time of the
making of the said Order confirming such Valuation ; and
after such Payment or Satisfaction such Surety shall stand in
the Place of such Annuitant as a Creditor of such Prisoner, to
the Amount in such Valuation so paid or satisfied as aforesaid
by such Surety ; and the Order for the Discharge of such Pri-
soner shall be a Discharge to him from all Claims of such
Annuitant or of such Surety in respect of such Annuity:
Provided always, that such Surety shall be entitled to Credit in

account

696 Cap. 107. Ituolveni Debtarsj Ireland. 38c4Vicr«

account with such Annuitant for any Dividend received by
such Annuitant out of the Estate and Effects of such Prisoner
before such Surety shall have fully paid or satisBed the Amount
so proved as aforesaid : Provided also, that in case such Annuity
shall be charged upon or payable out of any Lands, Tene-
ments, or Hereditaments of such Prisoner, such Annuitant shall
not be entitled to have such Annuity valued as aforesaid, or be
entitled to prove on the Estate of such Prisoner, or to sue any
such Surety as aforesaid, unless such Annuitant shall elect to
release all such Lands, Tenements, and Hereditaments from all
future or accruing Gales or Payments of such Annuity ; and
thereupon the said Lands, Tenements^ and Premises shall stand
charged with the Amount of such Valuation, and be liable to
the Payment of the said Sum only, with Interest at the Rate
of Five Pounds per Centum per Annum until paid : Provided
also, that if such Surety shall as aforesaid pay or satisfy the
Amount of such Valuation he shall after such Payment and
Satisfaction stand in the Place of such Annuitant as a Creditor
u^n such Lands, Tenements, and Hereditaments to the Amount
ot such Sum so paid and satisfied, together with Interest at the
Rate aforesaid until paid.
Nottoprtvent LXXl. Provided always, and be it enacted, That nothing
JJjI^^P^^f^^ in this Act contained shall extend or be construed to prevent
on Laodsmade ^^7 Mortgage, Charge, or Lien upon any Estate of such Plri-
prior to Totiiig soner, or any Part thereof made prior to the making of such
2ldrw dTect. ^^^^^ Order as aforesaid, from taking place upon tlie Lands,

Tenements, or Hereditaments or Personal Estate and EflTects
comprised in or charged or afiected by such Mortgage^ Charge, or
Lien respectively, nor to prevent any Statute Staple^ Statute
Merchant, Recognizance, or Judgment, acknowleo^^ed by or
obtained aeainst any such Prisoner prior to the making of such
vesting Order as aforesaid from taking place upon the Lands,
Tenementsf, or Real Instates of such Prisoner, unless in any of
the said Cases the Creditor or Creditors having such Mort-
gage, Charge, Lien, Statute Staple, Statute Merchant, Recog-
nizance, or Judgment shall elect to take and receive any Divi-
dend under this Act in respect of such Debt, and being an
Annuity Creditor shall elect to have his Annuity valued as
herein-before mentioned; and such Creditor or Creditors shall
cause such Election to be entered on the Files of the Court dis-
charging such Prisoner: Provided nevertheless, that no such
Creditor who shall not have so made and entered such Election
shall be entitled to receive any Dividend under this Act in
respect of any Debt so secured, or be admitted a Creditor for
the Value of such Annuity as aforesaid.
Court, &e. may LXXII. And be it enacted, That in all such Cases where it
to^te wimRd^ shall be adjudged that any such Prisoner shall be so discharged
withinthe Walls and SO entitled as aforesaid at some future Period, it shall be law-
of the Prifon. ful for the said Court, if it shall seem fit, to direct that such
. Prisoner shall be confined during any such Period within the
Walls of the Prison, and not within any Rules or Liberties thereof.

LXXIII. And

1840. Ifuobfent DAiorSj Irdocnd. Cap. 107. 697

LXXIII. And be it enacted. That whenever any Creditor Court, &e. may
or Creditors opposing any such Prisoner's Discharge shall prove ®"^. ^^ *"
to the Satisfaction of the said Court or Commissioner that such ^ be paid to
Prisoner has done or committed any Act for which upon such oppoiing Cre-
Adjudication as aforesaid he may be liable to remain in such ^^^^^
Custody as aforesaid for a Period not exceeding Three Years, ^
to be computed as aforesaid, the said Court or Commissioner
shall adjudge the taxed Costs of such Opposition to be pud
to such opposing Creditor or Creditors, out of the Estate and
Effects of such Prisoner, by his or her Assignee or Assignees,
before anv Dividend made thereof ; and in all other Casies of
Opposition to a Prisoner's Discharge being substantiated or
effectual it shall be lawful for the said Court or Commissioner
to adjudge in like Manner, if it shall seem fit; and that in case Where Oppo-
it shall appear to the said Court or Commissioner that the stion frivolous
Opposition of any Creditor to any such Prisoner's Discbarge ^tTmay^
was frivolous and vexatious, it shall be lawful for the said Court awarded to
or Commissioner to award such Costs to such Prisoner as shall Fi«oiier.
appear to be just and reasonable, to be paid by the Creditor
or Creditors making such Opposition, which shall be paid
accordingly.

LXXI V. And be it enacted. That where^ upon any Prisoner Coart or Com-
being brought up before the said Court or a Commissioner "'^*'^***
thereof on nis Circuit, any such Adjudication shall have been pa,^^ ^ '
made as aforesaid by the said Court or Commissioner, Order AiijudiGatioii,
shall be made accordingly by the said Court or Commissioner ^^ "^^J^'
in pursuance of such Adjudication^ and the said Court or Com- ^^^ ^
nussioner shall also issue a Warrant or Warrants to the Gaoler
accordingly, ordering the Discharge of such Prisoner from
Custody as to the Detainers under which he or she shall then
be confined, or which shall be lodged against him or her before
he or she shall be out of Custody, the same being for Debts in
respect of which such Adjudication shall have been made ; and
that every such Order of Adjudication shall take effect as from
the Day on which the Adjudication shall have been made in
that Behalf; and that every such Adjudication, and Certificate Specification of
thereof, and Order thereupon, may be made without specifying ^^^^ ^^ °^
therein any such Debt or Debts, or Sum or Sums of Money, ^^^ Ad-
or Claims as aforesaid, or naming therein any such Creditor judwatton.
or Creditors as aforesaid, excepting so fiir as shall be necessary
in any Case in order to distinguish between the Creditors as to
whom any such Prisoner may be adjudged to be so discharged
and entitled as aforesaid forthwith, and the Creditors as to
whom he may be adjudged to be so discharffed and entitled at
some future Period : Provided nevertheless, mat in all Cases the
Detainer or Detainers with respect to which any such Prisoner
shall have been adjudged to be dischai|;ed out of Custody, he
being then in Custody thereupon, shall 1^ specified in the War*
rant of the said Court or Commissioner, to be delivered to
the Gaoler in that Behalf.

LXXV. And be it enacted. That where it shall appear to the AdjudScation
said Court or Commissioner at any such Hearing as aforesaid of ^ioin^^"

any tainCaae^

698 Cap. 107. Imoivent DAtors, Irdand. 3 & 4 YiicT.

<^Dy such Prisoner that certain Matters or Things ought to be
performed by or on behalf of such Prisoner before he is entitled
to be actually discharged from Custody, but that nevertheless
it is expedient not to adjourn the Hearing of the Case absolutely
to some future Occasion, without the Opportunity of such Dis-
charge being sooner had by doing such Things as aforesaid, it
shall be lawful for the said Court o|r Commissioner to pronounce
an Adjudication without their issuing the Order and Warrant
pursuant thereto, and that such Adjudication may be directed
to be conditional on the Performance of such Matters or Things
as aforesaid, and that on the Non-performance thereof the
Hearing of such Case shall stand adjourned according to the
Direction made in that Behalf.
Where Adja- LXXVL And be it enacted, That in all Cases where the
dkatiopisa g^ij Court shall adjudge that such Prisoner shall be so dis-
fiiture l^riod,* charged and so entitled at some future Period, and shall make
the Prisoner an Order of Remand to that Effect, such Prisoner shall be
"^yj^^^JS*?!^ subject and liable to be detained in Prison, under and by virtue
tilllthirt'^od ^^ ^^^^ Order, at the Suit of any One or more of his or her
mnvm. Creditors with respect to whom it shall have been so adjudged

and ordered, until such Period shall have arrived, notwith-
standing that such Prisoner may not during such Period be
otherwise detained or charged in Custody at the Suit of some
One or more of such Creditors ; and the Gaoler or Keeper of
the Prison to which such Prisoner shall be so remanded shall
and is hereby required to detain and keep such Prisoner in his
Custody in pursuance of such Remand until such Period shall
have arrived, for doing which the Order of Remand in such Case
shall be his sufficient Warrant : Provided always, that it shall be
lawful for any such Creditor, at any Time before such Period
shall have arrived, to authorize and empower such Gaoler or
Keeper to discharge such Prisoner from Custody at the Suit of
such Creditor, in the same Manner and by the same Means as
such Creditor might have done if such Prisoner had been
arrested and detained or charged in Custody at the Suit of such
Prisoner under any Civil Process at his Suit.
Courtmay LXXVII. And be it enacted. That in all Cases where such

GE^twItom Pn^ner shall, upon such Adjudication as aforesaid, be liable
Prisoner a Sum to further Imprisonment at the Suit of his Creditor or Creditors,
™>* e^*^"** or any or either of them, it shall be lawful at any Time for the
^'* * ^ said Court, on the Application of such Prisoner, to order the
* Creditor or Creditors at whose Suit he shall be so imprisoned to
pay to such Prisoner such Sum or Sums of Moneys not exceed-
ing the Rate of Four Shillings by the Week in the whole, at
such Times and in such Manner, and in such Proportions, as
the said Court shall direct ; and that on Failure of Payment
thereof as directed by the said Court the said Court shall
order such Prisoner to be forthwith discharged from Custody
at the Suit of the Creditor or Creditors so miling to pay the
same.
Before Adju- ' LXXVIII. And be it enacted. That before any such Ad-
dioetum the judication sfaall be made with respect to any such Prisoner the

8 said

t

1840. Insolvent Debtors^ Ireland. Cap. 107. 699

said Court or Coihmissioner shall require such Prisoner to P"soner shall
execute a Warrant of Attorney to authorize the entering up ^m of Attor-
of a Judgment against such Prisoner in some One of the neytoconfcM
Superior Courts at Dublin in the Name of the Assignee or Judgment for
Assignees of such Prisoner, or of such Provisional Assignee, if Debts h* Sihe-
no other Assignee shall have been appointed and shall have dule.
accepted such Office, for the Amount of the Debts stated in the
Schedule of such Prisoner so sworn to as aforesaid to be due or
claimed to be due from such Prisoner, or so much thereof as
shall appear at the Time of executing such Warrant of Attorney
Co be due and imsatisfied; and it shall not be necessary that
such Warrant of Attorney should be executed in the Presence
of an Attorney for such Prisoner; and the Order of the said
Court for entering up such Judgment shall be a sufficient Au-
thority to the proper Officer for entering up the same ; and
such Judgment shall have the Force of a Recognizance or a
Judgment under this Act; and if at any Time it shall appear Court mAy
to the Satisfaction of the said Court that such Prisoner is of pennit Execii-
Ability to pay such Debts or any Part thereof, or that he is Ju" thereupon,
dead leaving Assets for that Purpose, the said Court may permit when Inwiivent
Execution or other Proceeding to be taken out upon such " ^^ Ainiity %o
Judgment for such Sum of Money as under all the Circumstances j^'jjjg "wi^t*'
of the Case the said Court shall order, such Sum to be distri-
buted rateably amongst the Creditors of such Prisoner according
to the Mode herein-before directed in the Case of a Dividend
made after Adjudication; and such further Proceedings shall and
may be had upon such Judgment as may seem fit to the Dis-
cretion of the said Court, from Time to Time, until the whole of
the Debts due to the several Persons against whom such Dis-
charge shall have been obtained shall be fully paid and satisfied,
together with such Costs as the said Court shall think fit to
award ; and no Scire facias shall be necessary to revive such No Scire facias
Judgment on account of any Lapse of Time, but Execution «>ece«»ry.
shall at all Times issue thereon by virtue of the Order of the
said Court : Provided always, that in case any such Application If Applicatioa
against any such Prisoner shall appear to the said Court to be " »ii-[oun<*«*.
ill-founded and vexatious, it shall be lawful for the said Court diTmis^^hc
not only to refuse to make any Order on such Application, but same, with
also to dismiss the same, wfth such Costs against the Party or ^^^
Parties making the same as to the said Court shall appear
reasonable, and the said Costs shall be paid accordingly.

LXXIX. And be it enacted, Tliat in case any such Person Where Tnsoi-
shall, after he has become entitled to the Benefit of this Act by D"Khar"j*bl*l'^
any such Adjudication as aforesaid, become entitled to or pos- ooine entitled
seased of in his own Right any Stock in the Public Funds to Fro,Kriy
of this Country, or other Property, whether the same be in J^'J^^/n^n^^j.
Irekad or elsewhere, and such Prisoner shall have refused to ecutiun, the
convey or assign or transfer such Stock or other Property, or so Assignee may
much thereof as may be suflBcient to satisfy the said Judgment, fof^Ke^iicf *'"*^*
then and in such Case it shall be lawful for the Assignee or
Assignees of such Prisoner to apply by Petition in a summary
Way, setting forth the Facts of the Case, to the said Court, and
£No. 45. Pno? 2rf.] Yy to

700 Cap. 107. hmlvent Debtors, Ireland. 3 & 4 Vict.

to pray that the said Prisoner may be taken and committed to

Custody, notwithstanding any such Adjudication and Discharge

Court may as aforesaid ; and thereupon, if^ upon Examination by the said

order Pnsoner Court, and hearinfi; as well the said Assignee or Assis^nees as the

to be remanded -j r» • • *^ i i ,n ° ^i_ -j a •

to Custody ^^^d rnsoner, m case he sha:il appear, or the said Assignee or
until he tran»- Assignees only, in case such Prisoner, due Notice having been
fers such Pro- given to him, shall not appear, it shall appear to the said Court
^^^' that the Contents of such Petition are true, then and in such

Case the said Court shall so declare and adjudge, and shall there-
upon order the said Prisoner to be apprehended, and committed
to Custody within the Walls of any Prison which the said Court
shall direct, until he shall convey, assign, and transfer such
Stock or other Property, or so much thereof as the said Court
shall direct, towards the Satisfaction of the said Judgment, to
such Assignee or Assignees, for the general Benefit of the
Creditors of such Prisoner.
Manner'ofpro- LXXX. And be it enacted. That in case any Person or
^*"8 ^r®» Persons, Body Politic or Corporate, shall, after any such Insol-
charge of a^ ^^^^ shall have become entitled to the Benefit of this Act by any
Prisoner, any such Adjudication as aforesaid, become or be possessed of, or
Person shall be j^y^ under his or their Power or Control, any Stock in tlie
St^kin Public PuWic Funds of this Country, or any Legacy Money du^ or
Funds, &c. be- growing due. Bills of Exchange, Promissoi*y Notes, Bank Notes,
longing to him. Securities for Money, Goods and Chattels, or any other Property

whatsoever belonging to such Insolvent, or held in Trust for
him or for his Use and Benefit, or to which such Insolvent shall
be in any way entitled, or in case any such Person or Persons,
Body Politic or Corporate, shall be at such Period in any
Manner indebted to such Insolvent, it shall be lawful for the
said Court, upon the Application of any Assignee or Creditor of
such Insolvent, to cause Notice to be given to such Person or
Persons, Body Politic or Corporate, directing him or them to
hold and retain the said Property till the said Court shall make
further Order concerning the same ; and thereupon it shall be
lawful for the said Court further to order such Person or Per-
sons, Body Politic or Corporate, to deliver over such Property,
and to pay such Debts as aforesaid, or any Part thereof, into
the Bank of Ireland^ with the Privity of the Chief Clerk of the
said Court, or to the Assignee or Assignees of the Estate and
Effects of such Insolvent, for the general Benefit of the Cre-
ditors of such Insolvent entitled to claim under such Judgment
entered up by Order of the said Court as aforesaid ; and such
Delivery and Payment shall be made accordingly, in obedience
to such Order ; and such Person and Persons, Body Politic and
Corporate, shall, by such Payment and Delivery so made in
pursuance of such Order of the said Court, be discharged in
respect of such Property and Debts against all Persons what-
soever, to all Intents and Purposes : Provided also, that nothing
herein contained shall be deemed or taken to prevent the said
Court from authorizing the Assignee or Assignees of such
Prisoner proceeding upon the said Judgment which shall be
entered up upon the Warrant of Attorney given by such Pri-
soner

1840. Imoheni DAtors, Ireland. Cap. 107. 701

soner in any Manner by this Act provided for Judgment
Creditors against the Estate and Effects of Judgment Debtors.

LXXXI. And be it enacted, That no Person who shall have ^®"°"?^^r
80 become entitled to the Benefit of this Act by any such thlT Act m)t*'
Adjudication as aforesaid shall at any Time thereafter be liable to Im-
imprisoned by reason of the Judgment so as aforesaid entered up priwnmwit for
against him or her according to this Act, unless by the special ^hich'A^iu^-
Order of the said Court, as herein-before mentioned, or for or cation exteads.
by reason of any Debt or Sum of Money or Costs with respect
to which such' Person shall have become so entitled, or for or by
reason of any Judgment, Decree, or Order for Payment of the
same ; but that upon every Arrest or Detainer in Prison upon if arrested, to
any such Judgment so entered up as aforesaid, or for or by rea« be released by
son of any such Debt or Sum of Money or Costs, or Judgment, Jwteeofthe
Decree, or Order for Payment of the same, it shall be lawful for ^^ich Proce«
any Judge of the Court from which any Writ or Process shall imued,whomay
have issued in respect thereof, and such Judge is hereby required, ®'^^ ^ ^^^*^^^
upon Proof made to his Satisfaction that the Cause of such Arrest
or Detainer is such as herein-before mentioned, to release such
Prisoner from Custody, unless it shall appear to such Judge upon
Inquiry, that such Adjudication as aforesaid was made without
due Notice, where Notice is by this Act required, being given to
or acknowledged by the Plaintiff in such Writ or Process, or
being by him dispensed with by the Acceptance of a Dividend
under this Act, or otherwise ; and at the same Time, if such
Judge shall in his Discretion think fit, it shall be lawful for
him to order such Plaintiff, or any Person or Persons suing
out such Writ or Process, to pay such Prisoner the Costs which
he shall liave incurred on such Occasion, or so much thereof
as to such Judge shall seem just and reasonable, such Prisoner,
in casQr of his or her having been arrested upon Mesne Process
by special Order as herein-before mentioned, causing a Common
Appearance to be entered for him in such Action or Suit.

LXXXII. And be it enacted. That after any Person shall After Di*.
have become entitled to the Benefit of this Act by any such ^utwntoiwme
Adjudication as aforesaid no Writ of Capias ad satisfaciendum, against insoU
Fieri facias, or other Writ of Execution against the Body, Groods, ^«^ <«' ^^^s
or Chattels of such Prisoner shall issue on any Judgment ob- Acijudiaition
tained against such Prisoner for any Debt or Sum of Money extends.
with respect to which such Person shall have so become entitled,
nor in any Action upon any new Contract or Security for Pay-
ment thereof except upon the Judgment entered up against such
Prisoner according to this Act, and by special Order of the said
Court obtained for that Purpose as herein-before mentioned ;
and that if any Suit or Action shall be brought, or any Scire Discharge
facias be issued, against any such Person, his Heirs, Executors, JJ|]f*^^7^^^
or Administrators, for any such Debt or Sum of Money, or generally.
upon any new Contract or Security for Payment thereof, or
upon any Judgment obtained against or any Statute or Recogni-
zance acknowledged by such Person for the same, except as
aforesaid, it shall be lawful for such Person, his Heirs, Executors,
or Administrators, to plead generally that such Person was

Y y 2 duly

702

Cape 107.

In$olvent DAtorSy Ireland.

3&4V1CT,

When Debte
are satufied, the
Court may
order Warrant
of Attorney
executed by
Prisoner to be
cancelled, and
Satisfaction to
be entered on
the Judgment;

and a Re-&«-

signmi'nt to be
executed.

Where Krror
in Schedule
lA'ithout Fraud,
this Act to
operate upon
the actual
Amount of
Dvbt.

duly discbarged according to this Act by die Order of Adju-
dication made in that Behalf, and that such Order remains in
force, without pleading any other Matter specially, whereto the
Plaintiff or Plaintiffs shall or may reply generally, and deny
the Matters pleaded as aforesaid, or reply any other Matter or
lliing which may show the Defendant or Defendants not to be
entitled to the Benefit of this Act, or that such Person was not
duly discharged jaccording to the Provisions tliereo^ in the same
Manner as the Plaintiff or Plaintifis might have replied in
case the Defendant or Defendants had pleaded this Act, and a
Discharge by virtue thereof, specially.

LXXXIIL Provided always, and be it enacted, That if at
any Time after any such Adjudication as aforesaid shall have
been made with respect to any such Prisoner, in pursuance of
this Act, it shall appear to the Satisfaction ofthe said Court
for the Relief of Insolvent Debtors that all the Debts in re-
spect of which such Adjudication was made have been discharged
and satisfied or otherwise released, it shall be lawful for such
Ck)urt, upon Application duly made, to direct the Warrant of
Attorney executed by such Prisoner under this Act to be can-
celled, or, if Judgment shall have been entered up thereon, to
order Satisfaction to be entered on such Judgment, and the
Order of the said Court for entering up such Satisfaction sliall
be a suflBcient Authority to the proper Officer for entering up
the same; and tliat if in any Case it shall appear to the Satis-
faction of the said Court that, after the Debts of any such Pri-
soner shall Iiave been so discharged and satisfied or otherwise
released as aforesaid, there shall remain in the Possession or
vested in or otherwise subject to the Control of his or her As-
signee or Assignees any Property of any Kind or Description
whatsoever which has come to such Assignee or Assignees, or
to which he or they may claim Title by virtue of the Order made
in that Behalf, or otherwise, by virtue of his or their Office of
Assignee or Assignees, it shall be lawful for the said Court, on
Application duly made, to order that all such Property so re-
maining as aforesaid shall be vested in the Person whose Debt
shall have been so discharged and satisfied or otherwise released
as aforesaid, or his Heirs, Executors, Administrators, or Assigns,
and such Order shall have the Effect of vesting the same ac-
cordingly ; and that any Deed of Release to be recorded in the
said Court by which any such Debt or Debts shall be released
or discharged shall not be liable to any Stamp Duty.

LXXXIV. * And whereas it may sometimes happen that a

* Debt of or Claim upon or Balance due from such Prisoner

* as aforesaid may be specified in his Schedule so sworn to as

* aforesaid at an Amount which is not exactly the actual Amount
' thereof, without any culpable Negligence or Fraud or evil
< Intention on the Part of such Prisoner ;' be it enacted, That in
such Case the said Prisoner shall be entitled to all and every
Benefit and Protection of this Act, notwithstanding such Mis-
take in the Amount of the said Debt in the said Schedule, and
the Creditor in that Behalf shall be entitled to the Benefit of

all

1 840. Insolvent Debtors^ Ireland, - Cap« 107. 703

all the Provisions made for Creditors by this Act in respect of .
the actual Amount of such Debt, Claim, or Balance, and neither
more nor less than the same, to all Intents and Purposes, such
Error in the said Schedule notwithstanding.

LXXXV. And be it enacted, That every such Adjudication Adjudication
as aforesaid by the said Court or Commissioner as aforesaid, Je1iM?^'i T
with respect to any Prisoner, and the Order thereupon so made obtained on
as aforesaid, shall be final and conclusive, ^nd shall not be falw Evidnice,
reviewed by the said Court, unless the said Court shall thereafter ^!|1 court*^^
see good and sufficient Cause to believe that such Adjudication may order a
has been made on false Evidence, or otherwise improperly liehcaring.
made or fraudulently obtained, in which Case it shall be lawful
for the said Court, upon the Application of such Prisoner, or
of any Creditor of such Prisoner, to order such Prisoner, upon
due Notice to be given to such Persons and in such Manner as
the said Court shall direct, to attend or to be brought up, and
the said Matter to be reheard, before the said Court, or One of
the Commissioners thereof on his Circuit, as the Case may re-
quire, who shall thereupon rehear the same, and shall and may,
if just Cause shall appear, annul the original Adjudication and
Order thereupon made in such Case, and shall have the same
Powers and Authorities upon such Rehearing as upon any
original Hearing in pursuance of this Act, and may adjudicate
in such Matter accordingly ; and thereupon, in case the former
Adjudication in the said Matter shall not be confirmed, such
Order, Certificate, and Warrant shall be made as required by
this Act to be made upon such original Adjudication \ and the
said Court or Commissioner shall and may, if necessary, remand
the said Prisoner to the same Custody in which he was at die
Time of the former Hearing of the Matters of his Petition,
there to be subject to Imprisonment as if the former Adjudi-
cation therein had not been made, and thereupon all Detainers
which were in force against such Prisoner at the Time of his
former Discharge from Custody shall be deemed to be still in
force against him as if such former Adjudication had not been
made; and the Gaoler or Keeper of the Prison to which such
Prisoner shall be so remanded shall and is hereby required to
receive such Prisoner into his Custody in pursuance of such
Remand, for doing which the Order of Remand in such Case
shall be his sufficient Warrant ; and where in any Case such insolvent rpfus-
Prisoner shall refuse or neglect to appear before the said Court in? to appear
or Commissioner, according to such Order for Rehearing as J|^j^T!*"*"
aforesaid, a Copy whereof shall, have been duly served on such
Prisoner, it shall be lawful for the said Court to order such Pri*
soner to be apprehended and committed to Custody in such
Prison as the said Court shall direct, and to issue its Warrant
accordingly, and to cause such Prisoner, to be brought up for
Examination as often as to the said Court or Commissioner
shall seem fit : Provided always, that where upon such Rehear- in Adjndiea.
ing it shall appear to the said Court or Commissioner that such tion of DU.
Prisoner is not entitled to the Benefit of this Act until some t'^^^^h^'
future Period, according to the Provisions herein-before con- Time since

Y y 3 tained, former Hearing

704 Cap. 107. Ingolveni Debtarij Ireland. 3&4Vict.

not to be cai- tainedy the said Court or Commissioner shall and may, if it shall
Gukted. appear reasonable, adjudge the Discharge of such Prisoner at

such future Period, to be calculated without including the Time
during which such Prisoner shall have been out of Custody
since the Time appointed for his Discharge by such former
Adjudication as aforesaid.
Where an LXXXVL Provided always, and be it enacted. That if in

Order of Dis- aj,y Qg^Q ^n Order or Warrant for the Dbcharge of any such
LutS^byMiiT* Pj^isoner shall have issued erroneously, and which is not pur-
take, the Court suautto the Adjudication made in that Behalf, it shall be lawful
may revoke and for the Said Court or Commissioner, on such Error being shown
amen t esame. ^^ ^^^ ^^ Court or Commissioner, to revoke such Order and

Warrant, and to annul, suspend, or amend the same according
to such Adjudication, and, if necessary, to recommit such
Prisoner to his former Custody, when by such Order or War-
rant he shall have been discharged therefrom ; and the Gaoler
or Keeper of the Prison to whose Custody such Prisoner shall
be so recommitted is hereby required to receive such Prisoner
into his Custody according to such Recommitment ; and all De-
tainers which were in force aagainst such Prisoner at the Time
of such Discharge as aforesaid shall be deemed to be still in
force against him, as if such erroneous Order or Warrant had
not issued,
Priscner may, LXXXVIL * And whereas the Estate, both Real and Perr
after Dischwge, « gQnal, of any Person whose Discharge has been adjudicated
to Estate and ^ Under this Act, may not be sufficiently described or dis^
EjOTects, on Ap- < covered in his Schedule so sworn to as aforesaid, or the
pi^tion of ( Assistance of such Person may be necessary to adjust, make
^'^^^^ < out, recover, or manage his Estate or Effects for die Benefit

* of his Creditors ;' be it therefore enacted. That it shall be
lawful for the Assignee or Assignees of the Estate and Effects
of any such Person whose Discharge shall have been adjudica-
ted under this Act, from Time to Time, to apply to the said
Court that such Person may be further examined as to any
Matters or Things relating to his Estate and Effects, either by
Prisoner refus- the Said Court, or a Commissioner thereof on his Circuit;
ingtoappmor gj^^ j^ ^ase such Pcrsou shall neglect or refuse to appear be*
tions^ay be"' ^^^e such Court or Commissioner at such Time and Place as
committed. shall be directed by such Order, or appearing shall refuse to

be sworn or to answer such Questions as shall be put to him

relating to the Discovery of his said Estate and Effects^ then

and in any of such Cases it shall be lawful for such Court or

Commissioner by Warrant to commit such Person to such

Prison as aforesaid, or to the Common Gaol of any Coun^ or

Place, there to remain, without Bail or Mainprize, until suck

Time as he shall submit himself to the Order of the said Court

in that Behalf, and shall answer, upon Oath or otherwise^ as

shall be required, to all such lawful Questions as shall be put

to him in pursuance of the same for the Purposes aforesaid.

PenonswiifnUy LXX XVIII. And be it enacted, That in case any Prisoner

omitting any whose Estate shall, by an Order under this Act, have been

*j!?^i* V**^ 1. vested in the said Provisional Assignee ^hall, with Intent tp

*'^'^«'^" 9 •* defraud

1840. iuohent DOtors, Ireland. Cap. 107. 705

defraud tte Creditors or Creditor of such Prisoner, wilfully ofaMisdemea-
and fraudulently omit in his Schedule, so sworn to as aforesaid, ^3 YearTlm-
any EiTects or Property whatsoever, or retain or except out pri8oiiment,and
of such Schedule, as Wearing Apparel, Bedding, Working bard Labour.
Tools and Implements, or other Necessaries, Property of
greater Value than Fifteen Pounds, every such Person so
offending, and any Person aiding and assisting him to do the
same^ shall, upon being thereof convicted by. due Course of
Law, be adjudged guilty of a Misdemeanor; and thereupon it
shall be lawful for the Court before whom such Offender shall
have been so tried and convicted to sentence such Offender to
be imprisoifed and kept to hard Labour for any Period of
Time not exceeding Three Years ; and that in every Indict- Indictment
ment or Information against any Person for any Offence under °*?^c°?Jf "**
this Act it shall be sufficient to set forth tl>e Substance of the ^ofi^nce"^
Offence charged on the Defendant, without setting forth the charged.
Petition or Order vesting such Prisonei*'s Estate in the Pro-
visional Assignee, Appointment of Assignee or Assignees, or
Balance Sheet, Order for Hearing, Adjudication, Order of
Discharge or Remand, or any Warrant, Rule, Order, or Pro-
ceeding of or in the said Court, except so much of the Schedule
of such Prisoner as may be necessary for the Purpose of
showing such wilful and fraudulent Omission.

LXXXIX. And be it enacted. That if any Prisoner or other Persons sweaiu
Person taking an Oath under the Provisions of this Act shall ^J'^^^ a
wilfully forswear and perjure himself in any Oath to be taken Hableto Punish-
' under this Act, and shall be lawfully convicted thereof the ment ii^icted
Person so offending shall suffer such Punishment as may by ^®' l*«j»»y»
Law be inflicted on Persons convicted of wilful and corrupt
Perjury ; and that in all Cases wherein by this Act an Oath is
required the solemn Affirmation or Declaration of any Person
being a Quaker or other Person by Law allowed to affirm or
declare shall and may be accepted and taken in lieu thereof;
and that every Person making such Affirmatioh or Declaration,
who shall be convicted of wilful false Affirmation or Declaration,
shall incur and suffer such and the same Penalties as are in-
flicted and imposed upon Persons convicted of wilful and corrupt
Perjury.

XC And be it enacted. That the Provisions of this Act ProvWon* of
shall extend to Married Women being Prisoners within the ^^^^^^
Intent and Meaning of this Act, but that the Order of the womcn.
said Court vesting the Estate and Effects of any such Married
Woman in such Provisional Assignee as aforesaid shall operate
upon all Property, Real and Personal, to which she may be
entitled for her separate Use, or over which she shall have .
any Power of Disposition, notwithstanding her Coverture^ or
which shall be vested in any Trustees or Trustee or other
Person or Persons for her Benefit, and upon all Personal Estate
and Effects of which she shall have the actual Possession^
except her Wearing Apparel, Bedding, and other such Neces-
saries, not exceeding in the whole the Value of Fifteen Pounds,
and upon all other Real and Personal Estate and Effects to

Y y 4 which

706 Cap. 107. Insolvent Debtors, IrelamL 3&4Vict.

which she shall be entitled in any Manner wliatsoever, in Pos*
session, Uemainder, or Reversion, subject only to such Kight,
Title, or Interest as her Husband may have therein, and
without prejudicing any Rights of her Husband in such Rea)
and Personal Estate and Effects respectively; and all Provisions
in this Act contained touching the Real and, Personal Estate
of any Prisoner whose Estate shall under this Act be vested in
the said Provisional Assignee shall apply to such Real and
Personal Estate and Effects respectively, in the same Marnier
as the same would apply to such Real or Personal Estate and
Effects if such Woman had been sole and unmarried, subject
only to the Rights of her Husband therein ; and such Married
Woman shall also execute a Warrant of Attorney to confess
Judgment in one of the Superior Courts aforesaid for the
Amount of the Debts remaining unpaid from which she shall
be so discharged as aforesaid, and such Warrant of Attorney
so executed shall be sufficient Authority for entering up Judg->
ment against such Woman accordingly, notwithstanding the
Coverture; but such Judgment shall not in any Manner pre-
judice or ai!ect the Rights of her Husband, except that the
same shall be deemed and taken to be her Debt, in case she
shall die in the Lifetime of such Husband, to the end that the
same may be discharged out of her Personal Assets in a due
Course of Administration, or out of her Real Estate (if any)
she shall have at the Time of her Death, but without Prejudice
to any Estate or Interest of her Husband therein as Tenant by
the Courtesy; and in case such Woman shall, during the Life-
time of her Husband, become entitled to any Property for her
separate Use, such Judgment may be enforced against suck
separate Property, by Suit in Equity, or otherwise under the
Order of the said Court, for the Purpose of obtaining Payment
of so much of the Debts in respect of which such Woman shall
have been discharged by the said Court as shall then remain
unpaid ; and in case such Woman shall survive her said Hus-
band such Judgment may be after his Death enforced against
such Woman, or her Property, Real and Personal, in such
imd the same Manner and with the same Effect as it might
have been if she had been sole and unmarried at the Time
when she executed such Warrant of Attorney, and at the Time
when such Judgment shall have been entered up as aforesaid :
Provided always nevertheless, that the Discharge of any Mar-
ried Woman under the Authority of this Act shall not operate
to discharge her Husband from any Debt in respect of which
his Wife shall be so discharged, but such Debt, so far as the
same shall remain unpaid or unsatisfied, shall be chargeable upon
and in force against such Husband, as fully to all Intents and
Purposes as if his Wife iiad not obtained such Discharge.
Mode or pro. XCL And be it enacted. That if any Person who shall at
coeding with any Time be a Prisoner in any such Prison as aforesaid, upon
uusjuud^Mind. ^"7 ^^^^ Process as aforesaid, shall be or become of unsound

Mind, and therefore incapable of taking the Benefit of this
Act in such Manner as he or she might have done if of

sound

1840. Insolvent IMtors, Ireland. Cap. 107. 707

sound Mind, the Gaoler or Keeper of such Prison shall forth-
with require One or more Justice or Justices of the Peace for
the County, Division, or Plac6 wherein such Prisoner shall be
to attend at the said Prison, and inquire into the State of
Mind of such Prisoner; and thereupon, and also in case any
such Justice or Justices shall receive Information by other
Means that any such Prisoner is of unsound Mind as afore-
said, such Justice or Justices shall go to the said Prison, and
by his or their own View, and by Examination on Oath of
such Person or Persons as he or they shall think fit to ex-
amine, shall inquire into the State of Mind of such Prisoner ;
and if it shall appear to such Justice or Justices upon such
Inquiry that such Prisoner is of unsound Mind, and therefore
incapable of taking the Benefit of this Act in such Manner as
a Person of sound Mind might do, such Justice or Justices
shall forthwith make a Record of the Fact, and certify the
same to the said Court; and thereupon it shall be lawful for Application
the said Court, at the Instance of any Person or Persons on ™y^ «n"<i«
behalf of such Prisoner, to order Notice to be inserted in the bchalf^'su^
Dublin Gazette^ and in Two or more public Newspapers usually Prisoners,
circulated in the Neighbourhood of such Prison, and in the
Neighbourhood of the usual Residence of such Prisoner before
he was committed to such Prison, as the said Court shall see fit,
that Application will be made to the said Court for the Dis-
charge of such 'Prisoner on a Day to be specified in such
Order and Notice, being Twenty-one Days at least frqm the
Day of Publication of such One of the said Gazette and News-
papers containing such Notice as shall be last published;
which Notice, together with the Service of the like Notice on Courf may dis-
the Creditor or Creditors at whose Suit such Prisoner shall charge such
be detained in Custody, or his or their Attorney or Attornies ^^"^J^^"*^
in such Suit, shall be deemed sufficient to authorize the said Assignees.
Court to pmceed to the Discharge of such Prisoner, if other-
wise entitled to such Discharge, according to the true Intent
and Meaning of this Act; and the said Court shall proceed
accordingly, and shall discharge such Prisoner from Custody,
and do all other Acts under this Act, in case it shcill appear
that such Prisoner might have obtained his or her Discharge
under this Act if he or she had been of sound Mind; and
thereupon all and every Estate^ Right, Title, Interest in Law
and Equity, Real and Personal, Power, Benefit, and Emolu-
ment whatsoever, which if such Prisoner was of sound Mind
could or ought to be vested in the said Provisional Assignee,
pursuant to the Provisions of this Act, shall, by force and
virtue of the Order of the said Court for the Discharge of
such Prisoner, be vested in the Provisional Assignee of the
said Court, or in the other Assignee or Assignees appointed by
the said Court, and named in the said Order, or in any other
Order of the said Court in tliat Behalf, as fully and eflectually,
and in the same Manner, and with all and every the same
Consequences and Effects, both in Fact and Law, to all Intents
and Purposes whatsoever, as if such Prisoner had been of

sound

708 Cap. 107. Insohmt Debtors, IrekmcL 3&4Vicr.

sound Mind, and such Order as aforesaid had beeli made vesdng

the same in such Provisional Assignee, at the Tjme and in the

Court may Manner in this Act provided; and that it shall be lawful for

to*b^^^^* the said Court to order Judgment to be entered up against

up. such Prisoner in the same Manner as if he or she had been of

sound Mind, and had executed a Warrant of Attorney to autho^
rize the entei'ing up of such Judgment in the Manner herein-
before directed; and such Order shall be a sufficient Authority
to the proper Officer for entering up the same ; and any
Dividend to be made by such Assignee or Assignees shall be
made in such Manner, and such Proceedings shall be thereupon
had, as are herein-before provided in the Case of a Dividend of
the Estate and Effects of any Prisoner made before Adjudi-
cation ; and the Discharge of every such Prisoner of unsound
Mind so made as aforesaid shall extend to all Debts and Sums
of Money to which the same might have extended if such Pri-
soner had been of sound Mind, and had duly filed his Schedule
according to the Provisions of tliis Act : Provided always, that
every such Order of Discharge, and of the Appointment of an
Assignee or Assignees in such Case, shall be entered of Record
in the said Court, and Proof thereof shall be received by such
Copy thereof as is herein-before djrected to be received as
Proof of Conveyances and Assignments made in pursuance of
this Act.
ThU Act not XCII. And be it enacted. That this Act shall not extend
cLurrc'crowii'* ^^ ^ construed to extend to discharge any Prisoner with
Debtors, &c. respect to any Debt due to Her Majesty or Her Successors, or
unless Treasury to any Debt or Penalty with which he shall stand charged at the
give Consent g^j^ ^f ^^ Crown, or any Person, for any Offence committed

against any Act or Acts relative to any Branch of the Public
Revenue, or at the Suit of any Sheriff or other Public Officer
upon any Bail Bond entered into for. the Appearance of any
Person prosecuted for any such Offence, unless Three of the
Commissioners of Her Majesty's Treasury for the Time being
shall certify under their Hand their Consent to such Discharge.
Prisoner under XCIII. And be it enacted. That it s|iall be lawful for any
Writ of Capiu Person who may now or shall hereafter be imprisoned under or
appW*to*Uie**^ ^y virtue of any Writ of Capias or Extent issued and remain-
Barons of the ing in force at the Instance or for the Benefit and Rrim-
Exchequer to bursement of any Surety or Sureties, or other Person or
be discharged. Persons, or the Inhabitants of any Parish, Ward, or Place, who

shall or may have advanced and paid the Debt to the Crown,
and by reason whereof the Commissioners of Her Majesty's
Treasury may not be authorized to give their Consent as last
aforesaid, to apply to the Barons of Her Majesty's Court of
Exchequer in Ireland for his Discharge, giving One Month's
previous Notice in Writing to the Surety or Sureties or Per-
son or Persons aforesaid, or to the Churchwardens or Overseers
of the Parish, Ward, or Place at whose Instance or for whose
Benefit respectively such Capias or Extent shall remain in forces
of the Intention of such Person so imprisoned to make such Ap-
plication, and an Enumeration and Description of all and every

the

1840. Insolvent Ddftorsj Ireland, Cap. 107. 709

the Property, Debts, and Effects whatsoever of such Person in
his own Possession or Power, or in the Possession or Power of
any other Person or* Persons for his or her Use, and for the
said Court to whom such Application shall b^ made to order
such PerscMi to be brought before them, or before any Baron of
the said Court, to be examined upon Oath touching and con*
cerning his Property and Effects, and if such Person shall upon
such Examination make a full Disclosure of all his Property and
Effects, and it shall otherwise appear to the Satisfaction of such
Court reasonable and proper that such Person should be no
longer imprisoned under such Writ, for such Court or Baron to
order a Writ of Supersedeas quoad corpus to be issued out of
the said Court for the Liberation of such Person from such
Imprisonment : Provided always, that no such Liberation as
aforesaid shall be held or deemed to satisfy or supersede such
Extent, or any Proceeding thereon, except as to such Imprison-
ment as aforesaid, or the Debt or Debts seized under and by
virtue thereof, and for which such Person shall be so impri-
soned.

XCIV, And be it enacted, That the proper Officer of the Officer of Uie
said Court for the Relief of Insolvent Debtors shall, on the 9^^^^^^]^
reasonable Request of any such Prisoner as aforesaid, or of in*!^and give'
any Creditor or Creditors of such Prisoner, or his, her, or their Copies.
Attorney, produce and show to such Prisoner, Creditor or Cre-
ditors, and his, her, or their Attorney, at such Times as the
said Court shall direct, such Petition, vesting Order, Schedule,
Order of Adjudication, and all other Orders and Proceedings
made and had in the Matter of such Petition, and all Books,
Papers, and Writings filed in such Matter, and permit him,
her, or them to inspect and examine the same, and shall pro-
vide for any such Prisoner, Creditor or Creditors, or his or
their Attorney, or any other Person requiring the same, a Copy
or Copies of any such Petition, vesting Order, Schedule, Order
of Adjudication, or other Order or Proceeding, or of such
. Part thereof as shall be so required, receiving such Fee as is
herein-before directed to be paid for other Copies of Proceedings
in the said Court for so providing the same; and that a Copy Copies of saeh
of such Petition, vesting Order, Schedule, Order of Adjudica- Proceedings
tion, and other Orders and Proceedings, purporting to be signed ^^^^^*^
by the Officer in whose Custody the same shall be, or his Evidence.
Deputy, certifying the same to be a true Copy of such Peti-
tion, vesting Order, Schedule, Order'of Adjudication, or other
Proceeding, and purporting to be sealed with the Seal of the
said Court, shall at all Times be admitted in all Courts and
Places whatever as sufficient Evidence of the same, without any
other Proof whatever given of the same.

XCV. And be it enacted, That every Sheriff, Gaoler, Keeper, Sheriff^ &c.
or other Officer of any Prison who shall do any thing in obe- indemnified for
dience to any Order of tlie said Court for the Relief of Insolvent ofC^t? ^'
Debtors, or of any Commissioner thereof, or of any Officer of
the said Court, by virtue of'this Act, shall be and is and are
hereby indemnified for whatsoever shall be done by them re-
spectively

710 Cap. 107. Insolvent Debtors, Ireland. 3 & 4 VicT.

If Action for spectively in obedience thereto ; and that if any. Action of Escape,
Escape, &c. or any Suit or Action, be brought against any Judge, ConiiDi&-
brought, the sioner, Justice of the Peace, Sheriff, Gaoler, Keeper of any
may be ple^«J, Prison, or any Person, for performing the Duty of his Office
and this Act in pursuance of this Act, such Judge, Commissioner, Justice of
given in Evi- x\\Q Peace, Sheriff, Gaoler, Keeper of Prison, and other Person

may plead the General Issue, and give this Act and the special
Matter in Evidence ; and if the Plaintiff be nonsuited, or dis-
continue his or her Action, or a Verdict shall pass against bint
or her, or Judgment shall be had for the Defendant upon
Demurrer, the Defendant shall have Treble Costs.
What shall be XCVI. And be it enacted, That in all Rules, Orders, War-
sufficient to be rants, and other Proceedings of the said Court, or of any Com-
Kufe^'anJTpro. ""issioner thereof, under this Act, it shall be sufficient to set
ceedings of the forth such Rule, Order, or Warrant, or in case of a Warrant
Court. for the Apprehension or Detention of any Person for a Con-

tempt in disobeying any Order or Rule of the said Court, or
for the Apprehension or Detention of any Person for the
Appearance of such Person before the said Court or any Com-
missioner thereof, according to this Act, or for the enforcing
any Rule or Order of the said Court, it shall be sufficient to
set forth such Rule or Order, and the Warrant tlicreon, and
that the Insolvent in any Order, Rule, Warrant, or other Pro-
ceeding mentioned has been duly discharged under this Act or
some other Act for the Relief of Insolvent Debtors, if he has
been so discharged, or if he has not been so discharged that
he has applied by Petition to the said Court for his or Her Dis-
charge from Custody according to the Provisions of this Act,
without setting forth in any such Order, Rule, Warrant, or
other Proceeding the Petition, Order vesting the Estate of any
such Prisoner in the Provisional Assignee, Appointment of
Assignee or Assignees, or the Schedule, Balance Sheet, Order
for Hearing, Adjudication, Order for Discharge, or any other
Rule, Order, or Proceeding of or in the said Court, or any Part
thereof, except as aforesaid.
BcFore whom XCVII. And be it enacted. That all Affidavits to be used
Affidavits are before the said Court or any Commissioner thereof, or any

Officer of the said Court, shall and may be sworn before the
said Court or any Commissioner thereof, or any Commissioner
appointed by the said Court for the Purpose of taking Affi-
davits, or any of the Superior Courts of Law, or any Justice of
the Peace in his proper Jurisdiction, or any Master Ex traordi-^
nary in Chancery, or Commissioner for taking Affidavits in any
of the Superior Courts of Lav in Dublin^ or any Inspector or
Governor of any County Gaol in Ireland, or in EngUmd or
Scotland before a Magistrate of the County, Division, City^
Town, or Place where the said Affidavit shall be sworn, or
any Commissioner of the Court for Relief of Insolvent Debtors
in England, or any Officer of the said Court in England autho-
rized to take Affidavits in the said Court in England, and tlie
said several Persons are hereby authorized and required to
administer the same accordingly.

XCVIII. And

to be sworn.

1840* Insolvent DAtors^ Ireland. Cap. 107. 711

XC VIII. And be it enacted, That no Fee whatever shall ^o ^^ P*y-
be taken or received by any Court, Officer, or Person what- J^/AffidaWtT
soever for or in respect to the swearing of any Affidavit of the
Service of such Order of the said Court for Relief of Insolvent
Debtors in Ireland as aforesaid, appointing a Time and Place for
any such Prisoner as aforesaid to be brought up before such
Court, or a Commissioner thereof on his Circuit, to be dealt
with according to the Provisions of this Act.

XCIX. And be it enacted, That in all Cases in which the Reciircry of
said Court or any Commissioner thereof is or are by this Act ^**^
authorized to award Costs against any Person or Persons it shall
be lawful for the said Court to cause such Costs to be recovered
from such Person or Persons in the same Manner as Costs
awarded by a Rule of any of the Superior Courts at Dvblin may
be recovered.

C. And be it enacted, That the said Court for the Relief of Court to admit
Insolvent Debtors shall and may admit, at their Discretion, p,^^^^ein.
any Number of fit Persons, being Attomies of any of the
Superior Courts at Dublin^ to practise in the said Court as
Attornies on behalf of *such Prisoners in such actual Custody
as aforesaid, which Admissions shall in all Cases be made
without the Payment of any Fee or Gratuity whatsoever, and
shall be filed of Record in the said Court as aforesaid ; and Persons not
that in case any Person not so admitted on the Files of the prartSSg al '
said Court, or having after such Admission been removed from Attornies,
the said Files, or ceased to be an Attorney of any of the Supe- P**^*y °^ C°""
rior Courts at Dvblin^ shall practise in the said Court as an ^^^^ '
Attorney on behalf of any Prisoner in such actual Custody as
aforesaid, he shall be deemed and taken to be guilty of a Con-
tempt of the said Court, and that every Person so guilty of
any such Contempt as aforesaid shall be liable to fine as well as
Imprisonment for the same ; and it shall and may be lawful for
any Person, being sworn and admitted an Attorney in any of
the Superior Courts in DuUiny and who shall obtain, and pro-
duce to the proper Officer of the said Court, his annual Certi-
ficate of his having duly paid the Stamp Duty payable by
liim as such Attorney, as is or may be required by any Act now
in force or hereafter to be passed in relation to such Stamp
Duty, to practise in the said Court as an Attorney of' the
said Court; and that in case any Person not so sworn and
admitted as last aforesaid, or who shall not have obtained and
produced such annual Certi0cate as aforesaid, shall practise in
the said Court as an Attorney on behalf of any Person, he shall .
be deemed and taken to be guilty of a Contempt of the said
Court ; and if any Person shall, with or without the Authority
or Direction of an admitted Attorney of the said Court, act or
undertake to act in any Manner on behalf of such Prisoner
in actual Custody, for the Purpose of enabling such Prisoner
to obtain his Discharge under this Act, and shall be guilty of
wilful Negligence or other Misconduct whatsoever in relation
thereto, ey^ry such Person so offending shall be deemed and

taken

712

Cap. 107.

Intobxnt DAtors, Ireland.

3 & 4 Vicr.

Insertion oC
Advertisements
in Newspapers.

Proceedings
not liable to
Stamp Duty
nor Sales to
Auction Duty.

Court may in-
vest unclaimed
Money, and
apply Profit
towards Ex-
penoes of the
Court.

Court em-
powered, out of
Profit arising
from unclaimed
Money, to direct
the Payment of
Expencesof
Ptiaonen Di»*

taken to be guilty of a Contempt of the said Court, and shall
be liable to be punished for the same accordingly.

CI. And be it enacted, That all Printers "and Proprietors of
Newspapers shall and they are hereby required to insert any
Advertisement or Advertisements by this Act directed to be
inserted in any Newspaper, on Payment of such reasonable
Compensation for the Insertion thereof, and in such Form, as
the said Court, or any Commissioner thereof, shall from Time
to Time direct.

CII. And be it enacted, That no Letter of Attorney, Affi-
davit, Certificate, or other Proceeding, Instrument, or Writing
whatsoever, before or under any Order of the said Court, or
before or under any Order of any Commissioner thereof, nor
any Copy tliereof, nor an Advertisement inserted in any News-
paper by the Direction of the said Court or a Commissioner
thereof, or the Chief Clerk of the said Court, relating to Mat-
ters within the Jurisdiction of the said Court, shall be liable to
or chargeable or charged with the Payment of any Stamp or
other Duty whatsoever : and that no Sale of any Real or Per-
sonal Estate of any such Prisoner as afoi'esaid for the Benefit
of his or her Creditors under this Act shall be liable to any
Auction Duty.

CIIL * And whereas it may happen that Money may remain
in the said Court, produced by the Estates and Effects of
Insolvent Debtors who have taken the Benefit of this or
some other Act for the Relief of Insolvent Debtors, which
has not been or may not be claimed by the Assignees or
Creditors of such Insolvents ;' be it enacted. That it shall be
lawful for the said Court to cause the same or any Part thereof
to be invested in Government Securities, and to apply the
Interest and Profit arising therefrom towards defraying the
Expences of the said Court: Provided always, that no such
Money shall be so invested until the same shall have been in
the Hands of the said Court for Twelve Months at the least

CIV. And be it enacted. That it sliall be lawful for the
said Court for the Relief of Insolvent Debtors, in its Discretion^
to direct that the Expences of applying for and obtainnE^ the
Discharge of any Prisons miaer this Act, or any Part of
such Expences, may and shall be paid out of the Estate and
Effects of such Prisoner which may be in the Hands of the
Provisional or other Assignee or Assignees under this Act, and
if the same shall not be sufficient for that Purpose, then that
such Expences, or any Part thereof, may and shall, in Cases
where the said Court shall be satisfied that the Prisoner has not
the Means of defraying the same, be paid and advanced out of
the Interest and Profit arising from any Government Securities
upon which any unclaimed Money produced by the Estates and
Effects of Insolvent Debtors may be invested; and in every
such last-mentioned Case the Estate and Effects of such Pri-
soner which may then be or may thereafter come to the Hands
and be vested in the Provisional or other Assignee or Assignees

under

1840. Insolvent Ddftcrs, Ireland. Cap. 107. 713

under this Act shall be liable, in the first place, to repay the
Money so advanced and paid ; and the said Court is hereby
authorized to make such Order or Orders as shall be necessary
for the Purpose.

CV. And be it enacted, That all the Records, Papers, Records of tho
Documents, and Money of and belonging to or received under Court.

the Authority of the said Court now established for the Relief
of Insolvent Debtors, and hereby continued as aforesaid, shall
from and after the passing of this Act remain and continue in
the Custody of the Officers of the said Court now duly having
the Custody of the same respectively, or of such Officer or.
Officers as the said Court shall at any Time direct to receive
the same ; and that the said Records shall be deemed and taken
to be the Records of the said Court so hereby continued as
aforesaid.

CVI. And be it enacted. That all Records, Documents, Record* of the
and Papers of and concerning Persons discharged by virtue ji^'Jrfi^iyeiifc
of an Act passed in the Fifty-third Year of the Reign of His Debtors under
late Majesty King George the Third, intituled An Act for the ^^"^1^^^
Relief of Insolvent Debtors in Ireland, or of an Act passed in the i,fto thrcus-
Fifty-fourth or of another Act passed in the Fifty-sixth Year tody of the
of the Reign of His said Majesty, to amend the said Act of the Chief aerk.
Fifty-third Year, which shall not already have been delivered
aver, shall immediately after the passing of this Act be delivered
o ver to the Chief Clerk of the said Court by the Officer or
Officers or other Persons having the Custody of the same, and
\which said Records shall be deemed and taken to be the Records
o f the said Court.

CVII. And be it enacted. That this Act shall extend to Construction of
Aliens, Denizens, and Women, both to make them subject ^^
thereto and .to entitle them to all the Benefits given thereby;
and that whenever this Statute hath used Words importing the
Singular Number or the Masculine Gender only it shall be
u nderstood to include several Matters as well as one Matter,
and several Persons as well as one Person, and Females as
\irell as Males, and Bodies Corporate as well as Individuals,
unless it be otherwise specially provided, or there be something

in the Subject or Context repugnant to such Construction ; and

that this Act shall not extend either to Scotland or England^

except where expressly mentioned.

. CVIII. And be it enacted. That this Act shall, as to all Mat- Commence-

ters hot otherwise provided for, commence and come into opera- "^°* ^

tion on the First Day of November in the Year One thousand

eight hundred and forty.

CIX, And be it enacted. That this Act may be amended Act may be

or repealed by any Act to be passed in this present Session *™®°"^

of Parliament.

714 Cap. 108. Municipal Corporations, IrelancL 3 & 4 Vicr.

CAP. CVIII.

/^ d,y^fJ^i^ An Act for the Regulation of Municipal Corporations
^y/^^^^^/Zar in Ireland. [10th August 1840.]

9^r^//^^f3 « Tl^HEREAS divers Bodies Corporate at sundry Tiroes
f^^f^c. J-^^/z^^ «. *^ have been constituted within the Cities, Towns, Counties

* of Cities, Counties of Towns, and Boroughs o{ Irelandy to the

* Intent that the same might for ever be and remain well re-
^ gulated and quietly governed ; and it is expedient that the

* Charters by which several of the said Bodies Corporate are

* constituted should be altered in the Manner herein-after

* mentioned :' Be it therefore enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present

Repedorall Parliament assembled, and by the Authority of the same. That
^dV'**"'^'*' so much of all Laws, Statutes, and Usages, and so much of all
inconsistent Royal and Other Charters, Grants, and Letters Patent, Rules,
with this Act. Orders, and Directions, now in force relating to the several

Boroughs named in the Schedules (A.), (B.)} and (I.) to this

Act annexed, or to the Inhabitants diereof, or to the several

Bodies or reputed or late Bodies Corporate named in the said

Schedules, or any of them, as is inconsistent with or contrary to

the Provisions of this Act, shall be repealed and annulled,

from the Time when this Act shall come into operation in each

of such Boroughs respectively.

Reservation of II. Arid be it enacted. That every Person who now is or

^l Right of hereafter may be an Inhabitant of any Borough named in

benEal Ex- either of the said Schedules (A.), (B.), and (I.), and also every

emptionsto Persou who has been admitted or who might hereafter have

Freemen, their y^^qj^ admitted a Freeman or Burgess of any such Borough,

Chiidreu. i^ ^^^^ ^^^ ^^^ "^^ '^^^^ passed, Otherwise than by Gift or

Purchase, or who now is or hereafter may be the Wife or
Widow or Son or Dfiughter of any Freeman or Burgess or of
any Person who shall have been entitled to be admitted a
Freeman or Burgess of any such Borough as aforesaid, or who
may have espoused or may hereafter espouse the Daughter or
Widow of any such Freeman or Burgess or of. any such Person
as last aforesaid, or who has been or may he^reafter be bound
an Apprentice to any such Freeman or Burgess or any such
Person as last aforesaid, shall have and enjoy and be entitled
to acquire and enjoy the same Share and Benefit of the Lands,
Tenements, and Hereditaments, and of the Rents and Profits
thereof, and of the Common Lands and Public Stock of any
such Borough or Body Corporate, and of any Lands, Tene-
ments, and Hereditaments, and any Sum or Sums of Money,
Chattels, Securities for Money, or 'other Personal Estate of
which any Person or any Body Corporate may be seised or pos-
sessed, in whole or in part, for any charitable Uses or Trust^ as
fully and effectually and for such Time and in such Manner
as he or she, by any Statute, Charter, Bye Law, or Custom in
force at the Time of passing this Act| might or could have had,

acquired.

1840. Municipal Corporations, Ireland. Cap. lOS. 715

acquired, or enjoyed the same in case this Act had not been
passed: Provided always, that the total Amount to be divided
amongst the Persons whose Rights are herein reserved in this
Behalf shall not exceed the Surplus which shall remain after
Payment of the Interest of all lawful Debts chargeable upon
the Real or Personal £state out of which the Sums so to
be divided have arisen, together with the Salaries of Muni-
cipal Officers and all other lawful Elxpences which on the
Fifth Day of June One thousand eight hundred and thirty-
five were defrayed out of or chargeable upon the same : Pro-
vided also, that nothing herein-before contained shall be con-
strued to apply to any Claim, Right, or Tide of any Burgesses
or Freemen, or of any Person to any Discharge or Exemption
from any Tolls or Dues levied wholly or in part by or to the
Use or Benefit of any Borough or Body Corporate.

III. And be it enacted, That after the passing of this Act None to be
no Person shall have or be entitled to claim thenceforward XoiT'b^th"™
any Discharge or Exemption from any Tolls or Dues lawfully ^ho were soon
levied, in whole or in part, by or to the Use of any Body Cor- 5th June isss.
poritte, except as herein-after is excepted : Provided neverthe-
less, that every Person who on the said Fifth Day of June One
thousand eight hundred and thirty-five was an inhabitant, or
was admitted or was entitled to be admitted a Freeman or
Burgess of any such Borough, or who on the said t^ifth Day
of June was the Wife or Widow, Son or Daughter of any Free-
man of any Borough, or who on the said Fifth Day of June
was bound an Apprentice, shall be entitled to have or acquire
and enjoy the same Discharge or Exemption from any Tolls or
Dues lawfully levied, in whole or in part, by or to the Use of
any Borough or Body Corporate, as fully and for such Time
and in such Sort as he or she by any Statute, Charter, Bye
Law, or Custom in force on the said Fifth Day of June might
or would have had, acquired, and enjoyed the same if this Act
had not been passed, and no further or otherwise.

IV. And be it enacted. That nothing in this Act contained Conditions of
shall be construed to entitle any Person to any Share or Benefit |^ ^m\^ as
of the Rights herein reserved who shall not have first fulfilled heretofore.
every Condition which if this Act' had not passed would have
been a Condition precedent to his or her being entitled to the
Benefit of such Rights, so far as the same is capable of being
fulfilled, according to the Provisions of this Act, or to strengthen,
confirm, or affect any Claim, Right, or Title of any Burgesses
or Freemen of any Borough or Body Corporate, or of any Per-
son, to the JBenefit of any such Rights as are herein-before
reserved, but the same in every Case may be brought in ques-
tion, impeached, and set aside in like Manner as if this Act
had not been passed ; and where, by any Statute, Charter, Bye
Law, or Custom in force widiin any Borough at the Time of
passing this Act, any Person whose Rights in this Behalf are
herein-before reserved would have been liable, in case this Act
had not been passed, to pay any Fine, Fee, or Sum of Money
to any Body Corporate, or to any Member, Officer, or Servant
[No. 46. Price 2^.] Z z of

716

No Freedom by
Gift or Pur.
chase.

Reservation of
the Parliamen-
tary Franchise
to Freemen.
2&3W.4.C.88.

Cap. 108. Municipal CorporaiionSj Ireland* 8 & 4 Vict

of any Body Corporate, in consideration of his Freedom, or of
his or her Title to such Rights as are herein reserved, no such
Person shall be entitled to have or claim any Share or Benefit
in respect of the Rights herein reserved as aforesaid, until he
or she shall have paid the full Amount of such Fine^ Fee, or
Sum of Money in manner following ; (that is to say,) if such
Rights be widiin any Borough named in the said Schedule
(A.), or in any Borough named in the said Schedule (B.) to
which a Charter of Incorporation shall have been granted as
herein-after is mentioned, to the Treasurer of such Borough
appointed under the Provisions of this Act, on account of tlie
Borough Fund herein-after mentioned ; but if such Rights be
within any Borough named in the said Schedule (B.) to which
no such Charter of Incorporation shall have been granted,
then to such Person as the Commissioners or Guardians of the
Poor herein-after mentioned, and if within any Borou<^h named
in the Schedule (L) to this Act annexed then as the Guardians
of the Poor herein-after mentioned, shall appoint to receive the
same, to be applied respectively to the public Benefit of the
Inhabitants thereof.

V. And be it enacted, Tliat after the passing of this Act no
Person shall be elected, made, or admitt^ a Burgess or Free-
man of any Borough by Gift or Purchase.

VI. * And whereas by an Act passed in the Session of Par-

* liament holden in the Second and Third Years of the Reign

* of His late Majesty, intituled An Act to amend the Represent

* taiion of the People of Ireland, it was enacted, that all Free-
< men, I<reeholders, and Persons who by reason of any corpo-
^ rate or other Right were then by Law entitled to vote at

* the Election of a Member or Members to serve in Parliament

* for any City, Town, or Borough, and all Persons who by

* reason of Birth, Marriage, Service, or of any Statute then in

* force, should be at any Time thereafter admitted to their

* Freedom in any City, Town, or Borough sending a Member

* or Members to Parliament, should, subject to the Conditions
^ and Provisions in that Act contained, have and enjoy such
' Right of voting as fully and in like Manner as if tliat Act

* had not been passed;' be it enacted, That all Persons now
entitled to vote at the Election of a Member or Members to
serve in Parliament for any Borough named in either of the
said Schedules (A.) and (B.) shall continue to enjoy such
Right as fully as if this Act had not been passed ; and that
every Person who if this Act had not been passed would have
had a Right to be admitted a Freeman or Burgess of any such
Borough as aforesaid, or to be placed on the Roll of Free-
men or Burgesses of any such Borough as aforesaid, in order
to be registered, and to vote in the Election of a Member or
Members to serve in Parliament, or might hereafter have been
entitled to acquire in respect of Birth, or Marriage, or Ser-
vitude, or of any Statute then in force, as a Freeman or Burgess
of such Borough, the Right of voting in the Election of a
Member or Members to serve in Parliament for such Borough,

shall

1840. Municipal Corporations, Ireland^ Cap. 108. 717

shall be entitled, if such Borough be one of the Boroughs
named in the said Schedule (A.), or one of the Boroughs to
which a Charter of Incorporation shall have been granted as
herein-after is mentioned, to be admitted a Freeman or Burgess
of such Borough and placed on the " Freemen's Roll " of such
Borough, and to acquire and enjoy such Right of voting as
fully as if this Act had not been passed ; and if such Borough
be one of the Boroughs named in the said Schedule (B.) to
which no such Charter of Incorporation ' as aforesaid shall
have been granted, to acquire and enjoy, without having been
admitted a Freeman or Burgess, such Right of voting as fully
OS if this Act had not been passed, and he had been ad«
' mitted a Freeman or Burgess, provided he shall be enrolled on
the " Freemen's Roll " of such Borough, according to the Pro-
visions herein-after contained.

VII. And be it enacted. That in every Borough named in ^^^ Lieut©-
either of the Schedules (B.) and (L) to which no Charter of ^l^^^^^^
Incorporation shall have been granted by virtue of this Act, make out a
the Lord Lieutenant of Ireland shall appoint, from Time to " Freemen'i
Time, a fit Person to make out a List, to be called "The ^^';^i^''
Freemen's Roll" of such Borough, and to act in respect thereto

as herein-after mentioned.

VIII. And be it enacted, That the Town Clerk of every Town Oerk to
Borough shall, on or before the First Day of October next after ^^^f • ^'•^
this Act shall come into operation in that Borough, make out ""**

a List to be called " The Freemen's Roll," of all Persons who'
shall have been admitted as Freemen or Burgesses of such
Borough; and that whenever any Person who has, or shall
have, or, if this Act had not been passed, would have had a
Right to be admitted a Freeman or Burgess for the Purposes
aforesaid, of such Borough, in respect of Birth, Servitude, or
Marriage, or any Statute so in force, shall claim to be ad-
mitted accordingly, the Mayor in any Borough named in Sche-
dule (A.) to this Act annexed, or in any Borough named ii\
either of the Schedules (B.) and (I.) to this Act annexed, to
which a Charter of Incorporation shall have been granted, as
herein-after mentioned, and in any Borough named in either of
the said Schedules (B.) and (I.) to which no such Charter of
Incorporation shall have been granted, such fit Person to be
so appointed by the Lord Lieutenant o( Irekaul as aforesaid,
shall, within Seven Days after the making thereof, examine
into such Claim, and upon such Claim in respect of Birth,
Servitude, or Marriage, or of any Statute now in force, being
established, every such Person shall thereupon be admitted and
enrolled by the Town Clerk of such Borough upon the said
** Freemen's Roll ;" and the Town Clerk shall attend at the
[Examination into every such Claim, and shall then and there
produce the Corporation Books and other Documents relating
to the Admission of Freemen, and shall at all reasonable Times,
when required, permit the Inspection of such Books and Docu-
ments by the Claimant or by any Person or Persons acting on
his Behalf, or any registered Parliamentary Elector of such

Z z 2 Borough ;

718

Appeftl to the
Court of
Queen's Bench
in Dublin
against the Re-
jection or Ad-
mission of a
Claim to Free-
men's lioU.

Costs*
ProTiso.

Clerk to attend
with the Cor-
poration Docu-
ments, includ-
ing the Free-
men*& Roll, and
to insert or
erase the Name
of Claimant, &e.

As to Boroughs
in which there
is no Town
Clerk ;

Cap. 1 08b MumcipcU Corporatiansy Ireland. 3 8c 4 Vicr.

Borough; and the Town Clerk shall keep a true Copy of
die said Freemen's Roll, to be perused by any Person, with-
out Payment of any Fee, at all reasonable Times, and shall de-
liver a Copy thereof or Extract therefrom to any Person
requiring the same, on Payment of a reasonable Price for such
Copy or Extract, not exceeding the Sum of Three-pence for
every Hundred Names, and so in proportion for any lesser
Number : Provided always, that the Kight of every Person en-
rolled on the " Freemen's Roll" to be registered for or to vote
at the Election of a Member or Members to serve in Parlia-
ment may be questioned in like Manner as if this Act liad
not been made, and shall not be in any Manner confirmed or
prejudiced by such Enrolment.

IX. And be it enacted, That in case any Person who sliall
have S9 claimed as aforesaid shall not be admitted and enrolled
upon the said ^' Freemen's Roll,'' in pursuance of such Claim,
it shall be lawful for such Person to appeal to the Court of
Queen's Bench in Dublin; and the Right of every Person
who shall have been admitted and enrolled upon the said
" Freemen's Roll " may be questioned within the Period now
limited by Law in Ireland for Informations of Quo warranto
by a similar Appeal, by any registered Parliamentary Elector
for the Borough in which such Freemen's Roll shall be made ;
and such Court shall have Power, on Motion, to adjudicate
upon the Right of such Person to be so admitted and en-
rolled, and also upon such Motion to award, at the Discretion
of the Court, Costs, not exceeding Ten Pounds, to be re-
coverable by Civil Bill : Provided always, that the Right of any
Freeman heretofore admitted shall not be questioned unless it
could have been questioned by Quo warranto previously to the
passing of this Act.

X. And be it enacted, That the Town Clerk of the Borough,
after Service at his Office of Seven Days written Notice to
him of any such Appeal, shall attend at the Hiring of the
Case, and shall produce, in open Court, the said Freemen's
Roll, and all other Corporation Documents necessary for the
Investigation of the Case ; and such Town Clerk shall, upon the
Order of the said Court, in open Court, enrol the Name of the
Claimant upon such Roll, or erase his Name therefrom^ as the
Decision in each Case shall require.

XL And be it enacted, That in any Borough in which there
shall be no Town Clerk, or in which the Town Clerk shall be
incapable of acting, all Matters by this Act required to be
done by or with regard to the Town Clerk, not herein-before
otherwise provided for, shall be done by and with regard to
the Person executing Duties in such Borough similar to those
of Town Clerk ; and if there be no such Person, or if such
Person be incapable of acting, then by and with regard to such
fit Person as the Mayor of such Borough shall appoint in that
Behalf; and if there shall be no Mayor, the Lord Lieu-
tenant shall appoint, by Writing under his Hand, a proper
Person to perform such Duties required to be done by and with

regard

1840. Municipal Corporations, Ireland, Cap.l08« 719

regard to the Town Clerk under this Act; and in Extra- "*jf ^'^
parochial Places, and in Parishes where there is no Church- ToChure""
warden, or where the Churchwarden may be absent or incapable warden.
of acting, the Lord Lieutenant shall appoint, by Writing under
his Hand, a proper Person to perform the Duty of Church-
warden under this Act, and tlie Acts of such Person shall be as
valid as if done by a Churchwarden.

XI I. * And whereas it is expedient that the Boroughs named Corporations in

* in the Schedule (A.) to this Act annexed should continue to ^ b^rtlk^Ve

* be Towns Corporate : And whereas it may be expedient that Mayor, Alder-

* some of the Boroughs named in the Schedule (B.) to this ""««>> and Bur-

* Act annexed, which now are Towns Corporate, and also 'S*"^

* sundry other Towns in Ireland, not named in tSe Schedules

* to this Act annexed, in some of which the Corporations have

* been extinct, and others of which never have been Towns

* Corporate, . should rec^ve Charters of Incorporation under

* this Act: And whereas it is also expedient to make Pro*

* vision for the Administration of the Corporate Funds of

* those Boroughs named in the said Schedule (B.) to which

* Charters of Incorporation under this Act shall not be granted,

* pursuant to the Provisions herein-after contained;' be it
enacted. That after the First Election of Councillors under this
Act in any Borough named in the said Schedule (A.) the Body
or reputed Body Corporate named in the said Schedule in
connexion with such Borough shall take and bear the Name
of the Mayor, Aldermen, and Burgesses of such Borough, ex-
cept the Corporation of Dublin, which shall bear the Name of
the Right Honourable the Lord Mayor, Aldermen, and Bur-
gesses of Dublin, and by those Names shall have perpetual Suc-
cession, and shall be capable in Law, by the Council herein-
after mentioned of such Borough, to do and suffer all Acts
which such Bodies Corporate lawfully may do, and suffer, and
shall be entitled to, invested with, and possessed of all the
lawful Franchises, Rights, Trusts, Powers, Authorities, Proper-
ties, and Estates now or of late legally vested in or belonging,
or which of Right ought to belong, to such Boroughs or Bodies
Corporate respectively, solely or jointly with any other Person
or Body Corporate, save only those in respect of which other
Provisions are herein contained, but subject to such Mortgages^
Charges, Debts, and Incumbrances, Rents, Contracts^ Cove-
nants, and Conditions as the same respectively now are subject
or liable to; and the Mayor of each of the said Boroughs
shall be capable in Law to do and suffer all Acts which the
Chief Officer of such Borough might or may lawfully do and
suffer, so far as such Powers, Rights, Trusts, and Privileges -
respectively are not altered or annulled by the Provisions of
this Act.

XIII. And be it enacted. That from and immediately after Corporations in
the passing of this Act the Body or reputed Body Corporate ^^^'^^^'^
named in the said Schedule (B.) to this Act annexed in con-
nexion with the Borough of Galway shall be dissolved, and
that on the Twenty-fifth Day of October One thousand eight

Z z 3 hundred

720 Cap. 108. Mimicipal Corporations^ Ireland. 3 & 4 Vict.

hundred and forty in every Borough named in the Schedules
(B.) and (I.) respectively to this Act annexed in which there
shall have been then elected any Commissioners under the
Act of the Ninth Year of the Reign of King George the Fourth
herein-after mentioned, and in every Borough named in the
Schedule (H.) to this Act annexed where in any Union in
which such Borough shall be situate there shall be then
Guardians of the Poor, and on the Twenty-fifth Day of Oc-
tober in the Year One thousand eight hundred and forty-one
in every other Borough named in the Schedules (B.) and (I.)
respectively to this Act annexed, the Body or reputed Body
Corporate named in each of the said Schedules (B.) and (I.)
respectively in conjunction with that Borough shall be dissolved,
and this Act shall then come into operation in every such
Borough.
The Queen XIV. And be it enacted, That if a Petition to grant a

empowered to Charter of Incorporation under this Act to the Inhabitants
ofTnco^i^ of any Borough named in the Schedule (B.) to this Act
tioB. annexed, or to the Inhabitants of any other Town in Ireiandj

in which the Population, according to the Census or Abstract
then last laid before both Houses of Parliament as by Law
required, shall exceed the Number of Three tliousand, signed
by a Majority of such of the Inhabitants thereof as shall be
rated to the Relief of the destitute Poor, under the Act for
the Relief of the destitute Poor in Ireland^ shall be presented to
Her Majesty ; and if the Persons who shall have signed such
Petition shall include a Majority also of such of the Inhabi-
tants of such Borough would be qualified (so far as such
Qualification can be ascertained from the Assessment of the
Poor Rate made under the Act for the more effectual Relief
of the destitute Poor in Ireland) to have been enrolled on the
Burgess Roll of such Town, if the same had been named in the
said Schedule (A.), and such Burgess Roll had been made
according to the Provisions herein-after contained, then and in
every such Case it shall be lawful for Her Majesty, by any such
Charter, if by the Advice of Her Privy Council She shall think
fit to grant the same, to extend to the Inhabitants of any such
Borough or Town, within the District to be set forth in such
Charter, the Powers and Provisions in this Act contained ;
provided that Notice of every such Petition, and of the Time
when it shall please Her Majesty to order that the same be
taken into consideration by Her Privy Council, shall be pub-
lished by Royal Proclatnation in the Dublin Gazette One Calendar
Month at least before such Petition shall be so considered:
Return of Bo- Provided also, that, within Six Weeks after the Commencement
roughs which of each Session of Parliament, a Return of all the Towns in
have petitioned Ireland from which Petitions shall have been presented for
be laid before Charters of Incorporation, in pursuance of the Provisions herein-
Parlioment. before contained, shall be laid by one of Her Majesty's Prin-
cipal Secretaries of State before both Houses of Parliament.
Property how XV. And be it enacted, That on the Twenty-fifth Day of
to be applied in October One thousand eight hundred and forty in every Borough

named

1840. Municipal Corporaiiaru^ IrehauL Cap. 108. 721

named in the said Schedule (B.) in which any Gimmissioners ?U'°?^'" « v
shall then have been elected under the Act herein-after next in which the
mentioned, and on the Twenty-fifth Day of October in the Year 9G.4.c. 82. is
One thousand eight hundred -and forty-one in every other no^>n force.
Borough named in the said Schedule (B.) in which any Conir
missioners shall then have been elected under the Act passed
in the Session of Parliament held in the Ninth Year of the
Reign of King George the Fourth, intituled An Act to make
Provision for the ligliting^ deaimng^ and watching of Cities^
Towns Corporate^ and Market Towns in Ireland, in certain
Cases^ the Real and Personal Estate of the Body Corporate
named in the said Schedule (B.) in conjunction with that
Borough shall forthwith vest in such Commissioners, and the
Rents and Profits thereof, after defraying all Charges to whicli
such Rents or Profits may be liable, shall be applied by the
Commissioners in aid of the Rates to be levied by them under
the said Act, and the Surplus thereof, if any, shall be applied
by them for the public Benefit of the Inhabitants and Improve-
ment of the Borough until such Charter may at any Time after*
wards be granted; and upon the Grant of any such Charter,
and the Election of a Council under its Provisions, the Powers
of such Commissioners as to the said Estate shall cease, and
all the said Estate, and any Accumulation thereof, shall forth-
with, without any Conveyance thereof, vest in the Body so
incorporated : Provided always, that the Galway Town Commis*
sioners acting in the Execution of an Act of Parliament made
and passed in the Sixth and Seventh Years of the Reign of
His late Majesty King fVilliam the Fourth, intituled An Act 6&7W.4.
for regulating and improving the Town o/" Gal way in the Count?/ *^'®*'"*
of the same Tovm^ shall, from and immediately after the passing
of this Act, have all the Estate and Powers of Commissioners
under this Act for that Town, until the Grant of a Charter
and the Election of a Council under its Provisions.

XVI. And be it enacted. That on the Twenty-fifth Day of Property how
October One thousand eight hundred and forty-one, in any JhoseSiroughs
Borough named in the Schedule (G.) to this Act annexed, in in Schedule
which there shall not then have been elected any Commis- (G.) in which
sioners under the said Act of the Ninth Year of King George Lnotnow^n^'
the Fourth, there shall be constituted a Board of Commissioners force,
for the Disposition of such Property, according to the Pro-
visions herein-after contained, to be called ^*The Mui^icipal
Commissioners" of such Borough, until such Charter may at
any Time afterwards be granted, or until there shall be elected
in such Borough any Commissioners under the said Act of
the Ninth Year of King George the Fourth, and upon the
Grant of any such Charter and the Election of a Council
under its Provisions, or upon the Election of any Commis*
sioners under the said Act of the Ninth Year of King George
the Fourth, such Board of Commissioners shall cease, and all
the said Estate and any Accumulation thereof shall forthwith,
without any Conveyance thereof, vest in the Body so incorpo-
ratedy orJn the Commissioners elected under the said Act of

Z z 4 tlie

722 Cap. 108. Municipal Corporations^ Ireland. 3 Sc 4 Vicr.

the Ninth Year of King George the Fourth, where no such
Charter shall then have been granted, as the Case may be; and
in case such Estate and Accumulation shall so have vested in
such Commissioners under the said Act of the Ninth Year of
King George the Fourth, the same shall be applied by such
Commissioners in aid of the Kates to be levied by them under
the said Act, and the Surplus thereof, if any, shall be applied
by them for the public Benefit of the Inhabitants and Im-
provement of the Borough until such Charter may at any Time
afterwards be granted; and upon the Grant of any such
Charter, and the Election of a Council under its Provisions,
the Powers of the said Commissioners as ^o the said Estate
shall cease, and all the said Estate and any Accumulation^
thereof, shall forthwith, without any Conveyance thereof, vest
in the Body so incorporated.
One Comm'w- XVII. Arid be it enacted, That in every such Borough as
ftioDcr to be last aforesaid the Number of Municipal Commissioners who
^Mi^iton? shall be elected to constitute such Board as aforesaid shall

be after tlie Rate of One Commissioner for every Five hundred
of tlie Population of such Borough, according to the Census or
Abstract of the Population herein-before mentioned.
Property how XVIII. And be it enacted, That on the Twenty-fifth Day
to be applied ^f October One tliousand eight hundred and forty in any
rouffhTin^be. B^fough named in the Schedule (H.) to this Act annexed in
dule(H.)in which there shall not then have been elected any Commis-
whichthe9G.4. gioners uudcr the said Act of the Ninth Year of the Reign of
fo^! "^^'^ *" King George the Fourth, and where there shall be then Guar-
dians of the Poor of a Union in which such Borough shall
be situate, and on the Twenty*fifth of October in the Year
One thousand eight hundred and forty-one in any other Borough
named in the Schedule (H.) to this Act annexed in which
there shall not then have been elected any Commissioners
under the said Act of the Ninth Year of King George the
Fourth, the Real and Personal Estate of such Body Corporate
shall fortliwith vest in the Guardians of the Poor of the Union
in which such Borough or the largest Part thereof shall be
situate, and the Rents and Profits thereof, after defiraying
all Charges to which such Rents or Profits may be liable,
shall be applied by the Guardians, subject to the Control and
according to the Orders of the Poor Law Commissioners, in
aid of the Rates to be levied by them for the Relief of the de-
stitute Poor in the electoral District or Districts of such Union
in which such Borough or any Part thereof shall be situate,
until such Charter may at any Time afterwards be granted,
or until there shall be elected in such Borough any Commis-
sioners under the said Act of the Ninth Year of King George
the Fourth ; and upon the Grant of any such Charter, and
Upon the Election of a Council under its Provisions, or
upon the Election of any Commissioners under the said Act
of the Ninth Year of King George the Fourth, all the said
Estate and any Accumulation thereof shall forthwith, without
any Conveyance thereof, vest in the Body so incorporated, or

6 in

1640. Municipal Carporaiumsj Irdand. Cap. 108. 723

in the Comnrissioners elected under the said Act of the Ninth
Year of King George the Fourth, where no such Charter
shall have been granted, as the Case may be ; and in case such
Estate and Accumulation shall so have vested in such Com-
missioners under the said Act of the Ninth Year of King George
the Fourth, the same shall be applied by such Commissioners in
aid of the Bates to be levied by them under the said Act, and
the Surplus thereof, if any, shall be applied by them for the
public Benefit of the Inhabitants and Improvement of the
Borough, until such Charter may at any Time be granted ;
and upon the Grant of any such Charter, and the Election of
a Council under its Provisions, the Powers of the said Com-
missioners as to the said Elstate shall cease, and all the said
Estate and any Accumulation thereof shall forthwith, without
any Conveyance thereof^ vest in the Body so incorporated.

XIX. And be it enacted. That on the Twenty-fifth Day of ^'"^P^^J^^
October One thousand eight hundred and forty in every Borough Boroughs'in *"
named in the Schedule (I.) to this Act annexed in which any Schedule (l.>
Commissioners shall then have been elected under the said
Act passed in the Ninth Year of the Reign of King George the
Fourth, and on the Twenty-fifth Day of October One thousand
eight hundred and forty-one in every other Borough named
in the Schedule (L) to this Act annexed in which any Com-
missioners shall then have been elected under the said Act
passed in the Session of Parliament held in the Ninth Year of
the Reign of King George the Fourth, the Real and Personal
Estate of the Body Corporate named in the said Schedule (I.)
in conjunction with diat Borough shall forthwith vest in such
Commissioners, and the Rents and Profits thereof, after
defraying all Charges to which such Rents or Profits may be
liable, shall be applied by the Commissioners in aid of the
Rates to be levied by them under the said Act, and the Surplus
thereof if any, shall be applied by them for the public Benefit
of 'the Inhabitants and Improvement of the Borough; and in
any Borough named in said Schedule (L) in which there shall
not have been elected on the Day last mentioned any Com-
missioners under the said last-mentioned Act, the Ileal and
Personal Estate of such Body Corporate shall forthwith vest
in the Guardians of the Poor of the Union in which such
Borough or the largest Part thereof shidl be situate, and the
Rents and Profits Uiereof, after defraying all Charges to which
such Rents or Profits may be liable, shall be applied by the
Guardians, subject to the Control and accordmg to the Orders
of the Poor Law Commissioners, in aid of the Rates to be
levied by them for the Relief of the destitute Poor in the
electoral District or Districts of such Union in which such
Borough or any Part thereof shall be situate, until there
shall be elected in such Borough any Commissioners under
the said last-mentioned Act ; and upon the Election of any
Commissioners under the said last-mentioned Act, all the said
Estate and any Accumulation thereof shall forthwith, without
any Conveyance thereof, vest in the Commissioners elected

under

r

724

Boundaries of
Boroughs and
Towns.

U/^o

Rules for the
Construction of
the Descriptions
contained in the
Schedule (C.)

Cap. 108. Mvaddpei CorporatioTUj Irdand. 3 & 4 Vicr.

under the said last-mentioned Act» and shall be applied by
such Commissioners in aid of the Rates to be levied by them
luider the said Act, and the Surplijis thereof, if any, shall be
applied by them for the public Benefit of the Inhabitants and
Improvement of the fiorough.

XX« And be it enacted, That every Borough in the said
Schedule (A.) shall be divided into the Number of Wards
mentioned in such Schedule in conjunction with the Name of
^4uch Borough, and that the Boundaries of the several Boroughs
named in the said Schedule (A.), and of the Wards into
ivhich the said Boroughs named in the said Schedule (A.) are
to be divided, shall for the Purposes of this Act be taken to be
according to the Description of such Boundaries set forth in
Schedule (C.) to this Act annexed, and all the Houses, Lands,
and Hereditaments within the Boundaries therein specified
shall hereafter, for the Purposes of this Act, be Parts of the
said Boroughs ; and in the Construction of the several Descrip-
tions of Boundaries set forth in the said Schedule (C.) the
following Rules shall be observed :

1.— The Words "Northward," "Southward," "Eastward,"
'^ Westward," and the like, shall respectively be under-
stood to denote only the general Direction in which
any Boundary proceeds from the Point last described^
and not that such Boundary shall continue to proceed
throughout in the same Direction to the Point next
described :
S. — When any Road is mentioned merely by the Name of
the Place to which such Road leads, the principal Road
thither from the Borough of which the Boundary is in
course of Description shall be understood :
3.— Whenever a Line is said to be drawn from, to, through,
or in the Direction of any Distance to be measured
from or to an Object, such Line shall, in the Absence
of any Direction to the contrary, be understood to* be
drawn from, to, through, or in the Direction of, or
such Distance to be measured from or to the Centre of,
such Object, as nearly as the Centre tliereof can be
ascertained :
4. — Every Building through which, or through any Part
whereof, any Boundary hereby established shall pass,
shall be considered as within such Boundary:
5. — Whenever any Boundary by this Act established is said
to pass along any other Boundary, or along any Street,
Road, Lane, Path, River, Stream, Canal, Drain, Brook,
or Ditch, the Middle (as near as the same can be
ascertained) of such other Boundary, or of such Road,
Lane, Path, River, Stream, Canal, Drain, Brook, or
Ditch, shall, in the Absence of any Direction to the
contrary, be understood :
6. — The Middle of any Street, Road, or Lane shall be
understood as the Middle of the Carriageway along the
same;

7 Whea

1840. Municipal CorpamH&ns, Ireland. Cap. 108. 725

7. When any Boundary by tliis Act established is said to
proceed, or any Distance to be measured, alonci; a Street^
Road, I^ne, Path, Stream, River, Canal, or Drain from
or to any Object, such Boundary shall be understood to
proceed, or such Distance to be measured (as the Case
may be), from or to that Point in the Middle of such
Hoad, Lane, Path, River, Stream, Canal, or Drain
from which the shortest Line would be drawn to the
Centre of such Object, as nearly as the Centre thereof
can be ascertained :
8. — The Point at whidi any Fence, Hedge, Wall, Boundary,
Street, Road, Lane, Walk, Path, River, Stream, Canal,
Drain, Brook, or Ditch is said to cut, meet, join, cross,
reach, or leave any Boundary, Street, Road, Lane, Path, '
Wall, Walk, River, Stream, Canal, Drain, Brook, or
Ditch shall, in the Absence of any Direction to the con-
trary, be understood as that Point at which a Line
passing along the Middle of the one would be cut by a
Line drawn along the Middle of the other, if such Line
were prolonged sufficiently far:
9. — When a Line is said to be drawn to a Road, Lane,
River, Stream, or Canal, such Line shall, in the
Absence of any Direction to the contrary, be considered
as prolonged to the Middle of such Road, Lane, River,
Stream, or Canal :
10.— By the Words « Sea" and « Sea Coast" shall be under-
stood the I^w-water Mark :
IL — If any Deficiency shall be found to exist in the Line of
any Boundary described in the said Schedule to this
Act annexed, by reason of the Intervention of any
Space between any Two immediately consecutive Points,
such Deficiency shall be supplied by a straight Line to
be drawn from the one to the other of such Two im-
mediately consecutive Points.
XXI. And be it enacted, That for the Purposes of this Act phcea onlyin-
all Places locally situate, or included within the Boundaries of «luded within
any Borough or of any Ward thereof, as defined under this ^e^pSpoiaof
Act, shall be deemed and taken to be a Part or Parts of such this Act.
Borough or of such Ward thereof respectively, and in those
Boroughs which are Counties of themselves shall, for the Pur-
poses of this Act, be Part of such County, and of none other :
Provided always, that nothing in this Act contained shall alter
or aifect any City or County of a City, Town or County of a
Town, or Borough, or the Boundaries thereof, for any Purpose
of Criminal Jurisdiction of the Court of Queen's Bench, or of
any Special or other Commission of Oyer and. Terminer and
Gaol Delivery, or of any Assizes, to be holden in and for such
Borough, or for any Purpose of Civil Jurisdiction of any of
the Superior Courts of Law, or for any Purpose of Grand Jury
Presentment, or for any Purpose of Parliamentary Representa-
tion, or for any Purpose relating thereunto; and that where it
is or shall be necessary for any Purpose of such Representation

to

726 Cap. 108. Municipal Corporations^ Ireland, 3 & 4 Vict.

to describe any Residence or Premises or Place, in any Oath,
Affidavit, or Document, or otherwise, as within a City or Coun^
of a City, or Town or County of a Town, such Residence,
Premises, or Place may be described as within the Parlia-
mentary Boundaries of the City or Town respectively : Pro-
vided nevertheless, that if any Place or Precinct (which for the
Purposes and under the Provisions of this Act shall not be
Part of such Borough) shall have been liable, before the passing
of this Act, to contribute to any Rate made for the Purpose of
satisfying any lawful Debt to which the Rate«payers of such
Borough or of any County were liable to contribute before the
passing of this Act, and in case any Difference shall arise
concerning the Proportion of such Debt which ought therefore
to be paid and contributed in respect of such Place or Precinct,
it shall be lawful for the Chief Justice of Her Majesty's Court
. of Queen's Bench in Dtiblbij in the Case of the County of
Dublin and the County of tlie City of Dublin^ and in the Case
of any other County for the Senior Justice of Assize for the
County of which such Place or Precinct shall thenceforward be
taken to be Part on his Circuit, on the Application of the
Council of such Borough, or of the Chairman of a public
Meeting of the Rate-payers of such Place or Precinct, to
appoint, by Writing under his Hand, a Barrister, not having
any Interest in the Question, to arbitrate between the Parties,
and by his Award, under his Hand and Seal, to assess the
Proportion, if any, of such Debt which ought therefore to be
paid and contributed in respect of such Place or Precinct,
and such Arbitrator shall also assess the Costs of the Arbitra-
tion, and shall direct by whom, and in what Proportion, and out
of what Fund, the same shall be paid ; and such Rate as afore-
said shall continue to be levied by Warrant of the Council of
such Borough, and paid by such Place or Precinct, as if tliis
Act had not passed, until such Proportion shall have been
fully paid and satisfied to the Treasurer of the Borough, and no
longer : Provided also, that every County Gaol, House of
Correction, or Lunatic Asylum, or Court of Justice, which at
the Time of the passing of this Act is taken to be for any
Purpose within any County, shall still for all such Purposes be'
taken to be within such County, any thing herein contained to
the contrary notwithstanding.
Jurisdiction of XXII. Provided also, and be it enacted, That the Juris-
Courts extend, diction of the Several Courts, as well of Criminal as of Civil
Boundwics. Jurisdiction, and also of the Coroners, Sherifl^, Justices of the

Peace, and other Officers of Justice acting for such Boroughs
respectively, of the Boroughs named in the said Schedule (A.),
shall extend to all Places within the Limits and Boundaries of
such Boroughs as defined under this Act, and the Jurisdiction
of the several Courts of Civil Jurisdiction of those Boroughs
shall also extend to all Places within the Limits and Bound-
aries of such of the said Boroughs as are Counties of Cities
and Counties- of Towns respectively as they are at present
constituted, or arc now taken to be, by virtue of any Charter

or

1840. Mtmicipal Carparationsj Ireland. Cap. 108^ 727

or Usage, and in the Case of Londonderry shall also extend to
the Liberties thereof.

XXIII. And be it enacted. That no Misnomer or inaccurate Biifnomer or
Description contained in this Act, or in the Schedule (C.) Mwdescnption
hereto annexed, shall in anywise prevent or abridge the Oper- Jw^on cf*
ation of this Act with respect to the Subject of such Description, this Att, and
provided the same shall be designated so as to be commonly Description
understood ; and that, for the Purpose of identifying the De- ^Marehisse.
scriptions contained in the said Schedule with the Subject of

such Descriptions respectively, such Descriptions shall, if such
Construction should be necessary, be held to apply to such
Subjects as they existed on the First Day of March One
thousand eight hundred and thirty-six.

XXIV. * And whereas it is expedient that the Metes and Mayor to set

* Bounds of the several Boroughs to which this Act may at any M«ri^"wWim
' Time apply, and of the several Wards into which the same six Months

* are to be divided, as described in the Schedule (C.) to this «ftw **"« *«*

* Act annexed, or in any Charter to be granted as herein-after thUAS?;""^*'
' provided, be constantly maintained and generally known;' be

it enacted. That the Mayor of each of the said Boroughs
respectively, within Six Calendar Months after the first Elec*
don of Mayor in that Borough under this Act, shall cause to
be set up, at the Expence of the Body Corporate of which he
is Mayor, permanent and conspicuous Boundary Marks, of
Iron, Wood, Stone, or other durable Material, in exact Confor-
mity with, or as near as Circumstances will admit, the respective
Metes and Bounds of such Boroughs and the several Wards
thereof, and in the most public and convenient Places along or
near the Line of such Metes and Bounds ; and further, within and with the
the Period of Six Calendar Months after the Expiration of ^"^'^b^j^.
every successive Period of Three Years thereafter, a Circuit of ^^iaHe»
Perambulation of the Metes and Bounds of each of such onceinetery
Boroughs respectively, and of tlie several Wards into which the P^J^fJ^^
same is divided, shall be made by the Mayor, accompanied by
the Town Clerk of such Borough ; and the Town Clerk shall, Tow« aerk to
at the Time of making such Perambulation, inquire whether •»*«' *» * Book
the Name or Names whereby the same Metes and Bounds or !I?JtS™*!!,"*
any rart thereof are or is described have or has been changed. Description of
and by what Name or Description the same are or is there t^"© Boundaries,
commonly known and distinguished, and if any Change in the
. Description thereof shall have taken place, shall note the same
in a Book to be kept by him for that Purpose, and to be called
the '^ Boundary Book '* of such Borough; and the Mayor is Mayor to renew
hereby required, in die event of any such Boundary Mark or ■"7 J^*"**^
Marks as aforesaid being obliterated or defaced, to cause the . ' ^
same to be renewed, at the Expence of the Body Corporate,
within Three Calendar Months next after such Perambulation
as aforesaid.

XXV, And be it enacted. That every Mayor or Town Clerk Mayor or Town
who shall neglect to perform the Duties herein-before described ^^^ foffcif'
shall forfeit the Sum of Twenty Pounds, to be recovered by Sc§.
Action in any one of the Superior Courts at Dublin, or by

Civil

728 Cap. 1 08. Municipal Corporatimu, Ireland. 3 8c 4 Vict.

Civil Bill in any Court of Record haviDg Jurisdiction within'
such Borough respectively, by any Person who shall sue for
the same, one Half to be paid to the Person who shall sue for
the same, and the other Half, after deducting the Expences of
so suing, to be ascertained by such Court, to be paid to Her
Majesty, Her Heirs and Successors.
Penalty for XXVI. And be it enacted. That every Person who shall

defacing or wilfully or maliciously pull down, deface, obliterate, injure,
Boundary^* Conceal, or destroy any such Boundary Marks as aforesaid shall
Marks. for every such Offence forfeit and pay, in addition to the Value

of such Boundary Mark or Marks as aforesaid, any Sum not

exceeding Forty Shillings, to be recovered, paid, and levied

according to the Provisions in this Act contained relative to-

Offences against this Act punishable upon summary Conviction.

Wards to be XXVH. And be it enacted. That the several Wards into

denominated by which the several Boroughs in the Schedule (C.) to this Act

tiw S^edu!a. ^^^^xed mentioned are by this Act respectively divided shall

henceforth be denominated and distinguished by the Name and
Names by which in such Schedule such Wards are specified
and described in conjunction with the Names of such Boroughs
respectively,' and by no other Name, or Names.
Charters of XXVH I. And be it enacted, That in everv Charter of

Incorporation Incorporation to be granted in pursuance of the Provisions of

Boun^tfin and ^^^^ -^^^ ^^^^^^ ^^ described the Boundaries of the District to
Wards. which the same is to extend, which shall be determined as nearly

as may be found convenient, according to the following Rules ;
(that is to say,) such Boundary shall include only the ancient
Limits of the Town, in all Cases in which such Limits include
all the Buildings considered to form Part of the Town, and a
suiBcient Space to allow of the probable Increase thereof, but
when the Streets or Buildings extend beyond the ancient Limits
of the Town, such Boundaries shall be made to include the
whole of such Streets and Buildings; and where there is a
Suburb near but not contiguous to such Town, then in deter-
mining whether such Suburb shall be included in the said
Boundaries there shall be taken into consideration the Extent
and Occupation of the Ground which separates such Suburb
from the Town, and the Nature and Employment of the Po-
pulation of such Suburb, and their Connexion with the Town ;
and when the ancient Boundaries include a Rural District, the
Boundaries shall be confined to the Streets and Buildings, with
a suiBcieot Space to allow of the probable Increase thereof, and
shall not include such Rural District; and every such Town,
shall be divided into Wards, whenever the Population thereof,
according to the last Census or Abstract of the Population as
aforesaid, shall appear to exceed in Number Eight thousand ;
and there shall be as nearly as may be, on an Average, One
Ward, and Two Aldermen and Six Councilloi's to a Population
of every Four thousand Persons, and in every Case there shall
be an even Number of Aldermen, and the Number of Coun-
cillors shall be Three Times the Number of Aldermen; and
such Charter shall specify the Number of Wards (if any) into
^ which

1840. Municipal Corporationsj IrelanJ. Cap. 108. 729

irbich the Town is to be divided, and the Number of AldermeU
and Councillors to be elected therein respectively.

XXIX. And be it enacted, That upon the Day to be named Wh« thw Act
in such Charter the Powers and Provisions in this Act con* <«>^jon"in
tained shall be can*ied into effect in such Manner as the Lord guch Boroughs.
Lieutenant shall direct, and as nearly as may be in like Manner

as if such Town had been named in the Schedule (A.) to this
Act annexed.

XXX. And be it enacted, That after this Act shall have Qualification of
come into operation in every Boraugh named in the said Sche- votCTs^aTElw.
dule (A.), and also in any Borough named in the said Schedule tions under Uiis
(B.), or other Town to which a Charter of Incorporation under Act

this Act shall be granted as aforesaid, every Person qualified
as hereii^after mentioned shall, if duly enrolled according to the
Provisions Iierein-after contained, be a Burgess of such Borough,
and a Member of the Body Corporate of the Mayor, Aldermen,
and Burgesses of such Borough ; and in any Borough named
in the said Schedule (B.), in which a Board of Municipal Com-
missioners is herein-before directed to be constituted, every
Person qualified as herein-after mentioned shall be entitled to
vote at the Election of such Commissioners; (that is to say,)
every Man of full Age who, on the last Day of August in any
Year, shall be an inhabitant Householder, and shall for Six
Calendar Months previous thereto have been resident as such
within such Borough, or within Seven Statute Miles of such
Borough, and who shall occupy within such Borough any House,
Warehouse, Counting-house, or Shop, which, either separately
or jointly with any Land within such Borough occupied there*
with by him as Tenant, or occupied therewith by him as Owner,
shall be of the yearly Value of not less than Ten Pounds, to be
ascertained and determined in manner following and not other-
wise, (that is to say,) such Value shall be a Sum composed of
the net annual Value at which the Premises so occupied by such
Man shall be rated (as they are hereby required to be) to the
Relief of the Poor under the said Act for the more effectual
Relief of the destitute Poor in Ireland^ and of the Amount of
the Sums at which the Landlord's Repairs and the Landlord's
Insurance shall be estimated and stated in any Rate to be made
in pursuance of the said Act : Provided always, that no such
Occupier shall be admitted to be enrolled as a Burgess, or to
vote at any Election of Municipal Commissioners under this
Act, unless he shall have been rated in respect of such Premises
to the Relief of the Poor, and shall have occupied such Premises
within the said Borough, or other Premises of the like Nature
within the said Borough, and rated as aforesaid, for the Space
of Twelve Calendar Months at the least next preceding such*
last Day of Auffust^ nor unless such Occupier shall, on or before
the last Day of August in such Year, have paid or discharged
all Rates for the Relief of the Poor, and all Grand Jury and
Municipal Cesses, and all Rates and Taxes, which shall have
become payable by him in respect of such Premises during his
Occupation thereof, except such as shall have become payable

within

30

Cap. 108.

Municipal Corporations, Ireland. 3 & 4 Vicr.

Public Notioea
to be given of
Taxes payable
in adTance.

Exceptions as
to Aliens and
Paupers,

Occupiers may
claim to be
rated.

within Three Calendar Months next before 8uch last Day of
Auffust : Provided alwa}rs9 that the Premises in respect of the
Occupation of which any Person shall be entitled to be so
enrolled or to vote in any Year shall not be required to be the
same Premises, or in the same Parish or Union, but may be
different Premises, occupied in immediate Succession by such
Person in the same Parish or Union, or in different Parishes or
Unions.

XXXI. Provided always, and be it enacted. That where in
any Borough any Cess, Rate, or Tax is or shall be payable in
advance, the Commissioners, Trustees, or other | Persons by
whom the same shall be imposed, or by whom any Rate, Assess*
ment, or Order shall be made for imposing or levying the same,
shall cause public Notice thereof to be given by posting such
Notice for Three successive Days on some convenient Place at
or near every Court House and Town Hall within such Borough,
and by causing the same to be published in Three successive
Impressions or Editions of soma public Newspaper published at
least once in every Week in such Borough, or in the City or
Town nearest to such Borough in which a Newspaper shall be
published ; and such Cess, Rate, or Tax shall no^ for the Pur-
poses aforesaid of this Act, be deemed to have become payable
until after the Completion of the Publication of such Notice,
and not before : Provided always, that nothing herein contained
shall make any such Cess, Rate, or Tax payable before the
Time at which the same, if this Act had not been passed, would
be payable by Law, or shall diminish or affect the Liability of
any Person to the Payment of any such Cess, Rate, or Tax for
any Purposes other than the Purposes aforesaid of this Act

XXXIL And be it enacted. That no Person being an Alien
shall be so enrolled or vote; and that no Person shall be
enrolled or vote who, within Twelve Calendar Months next
before the said last Day of Auffttstf shall have received Relief
by Order of any Board of Guardians or of any paid Officer to
be appointed by virtue of the said Act for the Relief of the
Poor, or any Pension or charitable Allowance from any Fund
entrusted to the charitable Trustees of such Borough ^herein-
after mentioned, other than Medical or Surgical Assistance;
but no Person shall be disqualified from being enrolled as a
Burgess, or voting, by reason that any Child of such Person shall
have been admitted and taught within any public or endowed
School.

XXXIII. And be it enacted. That in every Borough it shall
be lawful for any Person occupying any House, Warehouse,
Counting-house, or Shop to claim to be rated to the Relief
of the Poor in respect of such Premises respectively, whether
the Landlord shall or shall not be liable to be rated to the Relief
of the Poor in respect thereof; and upon such Occupiers so
claiming, and actually paying or tendering to the Collector
thereof, or to the Person or Persons entitled to receive the same,
the full Amount of the last made Rate then payable in respect
of such Premises, the Guardians or other Persons charged with

making

.1840* Munidpai Corporations^ Ireland. Cap. 1081 731

making any Rate for the Relief of tlie destitute Poor which
shall or ought to include such Premises are hereby required to
put the Name of such Occupier upon the Rate for the Time
being ; and in case any such Guardians or other Persons shall
neglect or refuse so to do, such Occupier shall nevertheless,
for the Purposes of this Act, be deemed to have been rated
to the Relief of the Poor in respect of such Premises from the
Period at which the Rate shall have been made in respect of
which he shall have so claimed to be rated as aforesaid : Provided
always, timt where by virtue of any Act of Parliament the Land«
lord shall be liable to the Payment of the Rate for the Relief
of the Poor in respect of any Premises occupied by his Tenant,
nothing herein contained shall be deemed to vary or discliarge
the Liability of such Landlord, but in case the Tenant who
shall have been rated for such Premises in consequence of any
such Claim as aforesaid shall make default in the Payment of
the Poor^s Rate payable in respect thereof, such Landlord shall
be and remain liable for the Payment thereof in the same
Manner as if he alone had been rated in respect of the Premises
so occupied by his Tenant.

XXXIV. And be it enacted, Tliat where any Premises as In Case* wh^ra
aforesaid in any such Borough shall be jointly occupied by more p*^'*'." ^^'^i*T
Persons than One, as Owners or Tenants, each of such joint jointly, each
Occupiers shall, subject to the Conditions herein-before con- Perwntobe
tained as to Persons occupying Premises in any Borough, be *"!^\*^*" ****
entitled to be enrolled as a Burgess for such Borough, or to Burgess,
vote as aforesaid, in respect of the Premises so jointly occupied,

provided that the Value of such Premises, to be ascertained and
determined as aforesaid, shall be of an Amount which, when
divided by the Number of such Occupiers, shall give for each
Occupier a Sum not less than the Sum which would entitle such
Person to be enrolled or to vote as aforesaid if he occupied
separately, but not otherwise.

XXXV. And be it enacted. That in every Case provided in How DUtanoet
this Act the Distance of Seven Miles shall be computed by the JJ^^j^^^^
nearest public Road or Way by Land or Water.

XXXVI. And be it enacted. That where any House, Ware- In Cai«of
house. Counting-house, or Shop in any such Borough shall ^^^^c ho'ir
come to any Person by Descent, Marriage, Marriage Settlement, the Occupation
Devise, Bequest, or Promotion to any Benefice or Office, such i« to be rttkoa-
Person shall be entitled to reckon the Rating and Occupancy

thereof, by the Person from or by whom such House, Ware-
house, Counting-house, or Shop shall have so come to him, as
his own Rating and Occupancy, conjointly with the Time during
which he shall have since occupied and been rated for the same,
,and shall be entitled to be enrolled a Burgess, or to vote as
aforesaid, in respect of such successive Rating and Occupancy,
provided he shall be otherwise qualified as herein provided ;
and it shall not be necessary, in support of the Title of such
Person to be so enrolled or to vote as aforesaid, to prove that
he was an inhabitant Householder within the said Borough,, or
within Seven Miles of the said Borougli^ or that he was an
[No. 47. Price 2i] 3 A Occupant,

r
I

7S2 Cap.lO& Mwddpd Carperatifms, Irdand. 8flc4Vicr.

Occupant, or rated within the same, before the Title to such

House or other Property as aforesaid shall have devolved upon

him ; and the Rating in the Name of the Person previously

occupying shall be considered a sufficient Rating of the Person

so entitled until a new Rate shall be made subsequent to such

Devolution of Title as aforesaid ; provided always, that the other

Persoil in respect of whose previous Occupancy and Rating

he shall be so partially entitled shall have bc^n enrolled a

3urgess, or to vote as aforesaid, at the Time of such Devolution

of Title as aforesaid.

No Burgen to XXXVIL And be it enacted, That after the passing of this

uTn^^ia^ Act no Person shall be elected or enrolled a Burgess of any

under Uiis Aet. Borough for the Purpose of enjoying the Rights conferred for

the first Time by this Act in respect of any Right or Tide

other than by Residence, Occupancy, Rating, and Payment of

Cesses, Rates, and Taxes respectively within such Borough,

according to the Meaning and Provisions of this Act«

Office for r«- XXXVIII. And be it enacted. That after this Act shall

to'bTkept'opcn ^^'"^ '^^^^ operation in any Borough, the Guardians, Commit

for One Month sioners, Trustees, or other Persons who shall be entitled to

before sut Au- receive or to cause to be collected any Cess, Rate, or Tax, the

gi^m each Payment whereof is required by this' Act for the Purpose of

entitling any Occupier to be enrolled as a Burgess or to vote
in any Borough as aforesaid, or the Collector of such Cess,
Rate, or Tax shall. One Calendar Month at least before the
Thirty-first Day of August in each Year, open or cause to be
opened, in some convenient Place within such Borough, an Office
for receiving Pajrment thereat of such Cess, Rate, or Tax, and
shall cause such Office to be kept open for that Purpose on every
Day {Sfmday excepted) between the Hours of Ten of the Clock
in the Forenoon and Four of the Clock in the Afternoon, and
shall cause a Collector or other Officer to attend at such Office
to receive such Cess, Rate, or Tax; and in case no such Office
shall be so kept open, or in case such Collector or other Officer
shall not attend thereat for the Purpose aforesaid, it shall be
lawful for any Occupier liable to any such Cess, Rate, or Tax
to pay or tender the same to the Treasurer of such Borough,
or, if there be no such Treasurer, to the Mayor ; and such Pay-
ment or Tender shall be deemed a sufficient Payment of such
Rate, Cess, or Tax for the Purpose only of entitling the Occu-
pier so liable, and who shall have made such rayment or
Tender, to be enrolled as a Burgess or to vote as aforesaid ;
and the Amount so paid shall with all convenient Speed be paid
over by such Treasurer or Mayor to the Person entitled to
collect or receive such Cess, Rate, or Tax ; and the Amount
so paid shall thereupon be credited to the Occupier so liable,
and who shall have so paid the same : Provided dways^ that in
case such Treasurer or Mayor shall not so pay over the Amount
so paid to him, and such Occupier shall by reason of such
Default of such Treasurer or Mayor be compelled to pay the
same or any Part thereof to the Person entitled to collect or
receive such Cess, Rate, or Tax, such Occupier shall be entitled

6 to

1840. Municipal Corparationay Ireland. Cap. 108. 733

to recover from such Treasurer or Mayor the Amount which
he shall have so paid, together with a Sum of One Pound as
a Penalty for such Default, and to sue for and recover the
same, with Costs, by Civil Bill, before the Recorder of such
Borough, or before the Assistant Barrister having Jurisdiction
within such Borough.

XXXIX. And be it enacted. That on or before the Fifth Churchwardeng
Day at September in the first Year in which this Act shall come ?[!JJ? ^***^^
into operation in any Borough divided into Wards, according Lists in tbe
to the Provisions and Directions herein contained, the Church- First Year of
wardens of every Parish wholly or in part within any Ward of l^"^"^*'""'*"
such Borough shall make out, from the Assessment to be made genes in each
of Hereditaments within such Parish and Borough under the Borough,
said Act for the Relief of the destitute Poor, alphabetical Lists,
according to the Form Number 1. in the Schedule (D.) to
this Act annexed, of all Persons, with their respective Resi-
dences, who shall be entitled to be enrolled in the Burgess Roll,
according to the Provisions of this Act, in respect of Property
within such Parish and Ward, and shall sign such Lists, and
deliver the same on the said Fifth Day of September to the Town
Clerk, and shall keep a true Copy of such Lists, to be perused
by any Person, without Payment of any Fee, at all reasonable
Hours between the said Fifth and the Fifteenth Days of Septem-^
^er aforesaid.

XL. And be it enacted. That on or before the Fifth Day Town aerks
of September in every Year, except the First, in which this *» make out
Act shall come into operation in any Borough, the Town Clerk roughs"in fol-
of such Borough shall make out in like Manner alphabetical lowing Yean.
Lists, according to the said Form Number 1. in the Schedule •
(D.) to this Act annexed, of all Persons who shall be entided
to be enrolled in the Burgess Roll of that Year within each
Ward of such Borough, and shall sign such Lists, and shall on
that Day deliver a true Copy of such Lists, signed by himself,
to the Mayor of such Borough, and shall himself keep such
original Lists, to be perused by any Person, without Payment
of any Fee, at all reasonable Hours between the Fifth and the
Fifteenth Days of September in every Year.

XLL And be it enacted, ITiat the several and respective Coilecton to
Collectors of the Poor Rates, and of all Grand Jury and Muni- ^^^'^?l^
cipal Cesses, Rates, and Taxes, payable within any Borough in ^ payment of
which this Act shall come into operation, shall, on or "before Poor Rate, &c.
the Third Day of September in every Year, make out or cause to ^'iJ'J^f.^f ^n.)
be made out, according to the Form numbered 6. in the said jjo. g, {„ thii
Schedule (D.) to this Act annexed, an alphabetical List of all Act.
Persons who shall be subject to the Payment of such Poor
Rate, Cesses, Rates, or Taxes within the Limits of such Borough,
and within the Collection of the Person by whom or by whose
.Direction the same shall be made out ; and every such Collector
shall sign the List so to be made out for his Collection, and
shall cause a true Copy of such List to be prepared, and shall
keep the same, to be perused by any Person, without Payment
of any Fee^ at all reasonable Hours during the Ten Days next

3 A 2 after

784 Cap. 108. Municipal Corporations^ Ireland, 8 & 4 ViCT.

after the same Third Day of September ; and every such Col^
•lector shall on the same Third Day of September deliver tlie List
so signed by him as aforesaid to the Town Clerk of such
Borough ; and such Xo^n Clerk shall forthwith cause to be
printed true Copies of every such List, and sliall deliver
One or more of such respective printed Copies to any Person
applying for the same, on Payment of a reasonable Price for
each Copy, not exceeding the Sum of One Shilling for each
Copy.
Town Ckrk to XLII. And be it enacted, That the Town Clerk shall forth-^
print the LibU. ^j^j^ cause Copies to be printed of all lists so delivered to him

by the Churchwardens in the first Year, and of all Lists made

out by himself or under his Direction in every succeeding Year,

and shall deliver a Copy of all such Lists to any Person re-

,quiring the same, on Payment of a Sum of One Shilling for

each Copy, and shall cause a Copy of all such Lists to be fixed

on or near the outer Door of the Town Hall, or in some public

and conspicuous Situation within the Borough, on every Day

during the Eight Days next preceding the Fifteenth Day of

September in every Yean

Persons omitted XLIIL And be it enacted, That every Person whose Name

froin the Lfcte ghall have been omitted in any such List, and who shall claim

to tHriown*^ ^o ^^^^ ^^ Name inserted on the Burgess Roll, shall, on or

Clerk. before the Fifteenth Day of September in every Year, give Notice

thereof to the Town Clerk in Writing, according to the Form

Number 2. in the said Schedule (D.)« or to the like Effect; and

^ every Person whose Name shall have been inserted in any such

List for any Borough may object to any other Person as not

being entitled to have his Name retained in the Burgess Roil

Notices as to for the same Borough ; arid every Person so objecting shall, on

Persons not q^ before tlie Fifteenth Day of September in every Year^ give to

^ui!i^^n!Se ^'^^ Town Clerk of such Borough, and also to the Person

Lists. objected to, or leave at the Premises in respect of which his

Name shall have been inserted in such List, Notice thereof in
Writing, according to the Form Numbers, in the said Schedule
Lists of aaim. (D.), or to the like EflPect; and every Town Clerk shall include
ants, and of (hg Names of all Persons so claiming in a List according to
^*'I^"tot^'^*" the Form Number 4. in thesaid Schedule (D.), and the Names
published, &c. of all Persons so objected to in a List according to the Form

Number 5. in the said Schedule (D.), and shall cause Copies of
such Lists to be fixed on or near the outer Door of tlie Town
Hall, or in some public and conspicuous Situation within such
Borough, during the Eight Days next preceding the First Day
of October in every Year ; and the Town Clerk shall likewise
keep a Copy of the Names of all the Persons so claiming as
aforesaid, and also a Copy of the Names of all Persons so
objected to as aforesaid, to be perused by any Person, without
Payment of any Fee, at all reasonable Hours during the Eight
Days, Sunday excepted, next preceding the First Day of October
in every Year, and shall deliver a Copy of each of such Lists to
any Person requiring the same, on Payment of a Sum not
exceeding One Shilling for each Copy.

XLIV. And

1840. Municipal Corporations^ Ireland. Cap. 108. 739

XLIV. And be it enacted, That it shall be lawful for the Lord Lieute-
Lord Lieutenant of /rf/owd to appoint by Warrant under his nantinayap-
Hand so many Barristers, of not less than Five Years standing Banisti^for*
at the Bar, as he shall think fit, to revise the List of Burgesses, the First Year.
and to hold any such Elections as are herein directed in any
Borough in the first Year in which this Act shall come into
operation in that Borough ; and the Barrister so appointed shall
for that Purpose be in the Place and Stead of the Mayor and
Assessors herein-after mentioned of • such City, Town, or Bo-
rough, and shall revise the List of Burgesses, and have for ttmt
Purpose all such Powers as the Mayor and Assessors will possess
in the succeeding Years.

XLV. And be it enacted, That in the first Year in which Jhe Barriter
this Act shall come into operation in any such Borough the Y«r\nd'thc
Barrister appointed as aforesaid, and in every succeeding Year Mayor and Two
tlie Mayor and the Two Assessors herein-after mentioned of the Assessors after-
Borough, shall hold an open Court within such Borough for JJj^ListsanT
the Purpose of revising the said Lists, at some Time between upon due Pniof
the First Day of October inclusive and the Fifteenth Day of to >n«crt and ei-
October inclusive in every Year, having first given Three clear P"°^* Names.
Days Notice of the holding of such Court, to be fixed on or
near the Door of the Town Hall, . or in some public and con-
spicuous Situation within the Borough ; and the Town Clerk of
every such Borough shall at the opening of the Court produce
the said Lists before him or them, and a Copy of the Lists of
the Persons claiming and of the Persons objected to, so made
out as aforesaid ; and the several Churchwardens for such first
Year of every Parish wholly or in part within every such Bo-
rough shall attend the Court to be holden in such first Year,
and such Town Clerk and Churchwardens respectively shall
answer upon Oath all such Questions as the Court may put to
them or any of them touching any Matter necessary for revising
the said Lists ; and the Mayor or Barrister, as the Case may be,
shall insert in such Lists the Name of every Person who shall
be proved to the Satisfaction of the Court to be entitled to be
enrolled in the Burgess Roll according to the Provisions of
this Act, and shall retain on the said Lists the Names of all
Persons to whom no Objection shall have been duly made and ^

sustained ; and where the Name of any Person inserted in any
one of tlie said Lists shall have been duly objected to, and the
Person objecting shall appear, by himself or by some one on
his Behalf, in support of such Objection, the Court shall require
Proof of the Qualification of the Person so objected to ; and in Tower to rec.
case the Qualification of such Person shall not be proved to the ^y Mistakes in
Satisfaction of the Court, the Mayor or Barrister, as the Case
may be, shall expunge the Name of every such Person from the
said Lists, and he shall also expunge from the said Lists the
Name of every Person who shall be proved to be dead, and *

shall correct any Mistake or supply any Omission which shall
be proved to have been made in any of the said Lists in respect
to the Name or Place of Abode or local Description of the Pro-
perty of any Person who shall be included in any such List :

3 A 3 Provided

736 Cap. 1 08. Municipal Corporations, Irehmd* 3 & 4 Vict.

Provided always, that no Person's Name shall be inserted by

the Mayor or Barrister in any such List, or shall be expunged

therefrom, except in the Case of Death, unless Notice shall have

been given 4is is herein-before required in each of the said Cases :

Provided also, that the Fact of uie Name of any Person having

been on the Burgess Roll of the preceding Year shall be primd

facie Evidence of his Title to be enrolled for the current Year.

Mayor or Bar- XLVI. And be it enacted. That every Mayor or Barrister

'"^"l*"^' holding any Court under this Act for the Revision of the said

hm Power of ^^^^^ sball bave Power to adjourn the same from Time to Tiroe^

adjourning, of 80 that no such adjoumed Court shall be held after the FiF-

requjring the teenth Day of October in any Year, and shall have Power to

Rate^Booksr require any High Constable, Churchwarden, or other Person

of administer- authorized to applot, coUect, or levy any Rate for the Relief of

'"drflSi''*?' the Poor, Cess, Rate, or Tax within the Borough, or within

rad sign the * *"y Parish wholly or in part within the Borough, or other

Listo in open Person or Persons having the Custody of any Book of Applot-*

Court. ment or Rate of Valuation, to produce the same, and allow the

same to be uispected, at any Court to be held for the Revision
of the Burgess Roll, and shall have Power to administer an
Oath to the Town Clerk and Churchwardens, and to all Persons
claiming to be inserted in or making Objection to the Omission
or Insertion of any Name in the said Lists, and to all Persons
objected to in any of such I^ists» and to all Persons claiming to.
have any Mistake in any such Lists corrected, and to all Wit-
nesses who may be tendered or examined on either Side ; and
if any Person taking any Oath or making any Affirmation under
this Act shall wilfully swear or affirm falsely, such Person shall
be deemed guilty of Perjury, and shall be punished accordingly ;
and the Mayor and Assessors or Barrister shall, upon Hearing
in open Court, determine upon the Validity of such Claims and
Objections; and the Mayor or Barrister shall, in open Court,
write his Initials against the Names respectively struck out or
inserted, and against any Part of tlie said Lists in which any
Mistake shall have been corrected, and shall sign his Name to
every Page of the several Lists so settled.
Borough List XLVli. And be it enacted. That the Lists, so revised and
tobe^eptby signed as last aforesaid, shall be delivered by the Mayor or
^'7^p"^|^t^' Barrister to the Town Clerk of such Borough, who sliall keep
a Book, with the same, and shall cause the said Lists to be fairly and truly
the Names copied into one general List in a Book to be by him provided
num er . £^^ ^j^^^ Purpose, arranged alphabetically, in each Ward, with

every Name therein numbered, beginning the Numbers from

the first Name in the first Ward, and continuing them in a

regular Series to the last Name in the last Ward, and shall

cause such Book to be completed on or before the Twenty-*

second Day of October in every Year, and shall deliver such

Book, together with the Lists, at the Expiration of his Office,

Such Book to to the Person succeeding him in such Office ; and every such-

^ v^ fr^ ^^^ ^'^^^ ^ *® Burgess RoU of the Burgesses of such Borough

which Election entitled to vote, after the passing of this Act, in the Choice of

shall be made, the Aldermen and Coniicillorsy Assessors and Auditors of such

Borough,

1840. Munidpai Gnparaiiansj Ireland. Cap. 108. 737

BoroDffh, as herein-after mentioned, at any Election which may
take place in such Borough between the Twenty-fifth Day of
October inclusive in the Year wherein such Burgess Roll shall
have been made and the Twenty-fifth Day of October in the
succeeding Year, or until a new Burgess KoU shall have been
made.

XLVIII. And be' it enacted. That no Stamp Duty sliall be NoSumpDuty
payable in respect of the Admission, Registry, or Enrolment of ^^S^V*" ^""
any Burgess or Freeman according to the Provisions of this
Act.

XLIX. And be it enacted, That it shall be lawfiil for any Applkstions
Person whose Claim shall have been rejected or Name expunged ^Jcota^ ^
at the Revision of the Burgess Roll of any of the said Boroughs Queen's Bench
to apply, before the End of the Term then next following, to »« lrei«nd for a
the Court of Queen's Bench in Ireland^ for a Mandamus to the " Burgw
Mayor for the Time being of that Borough to insert his Name on the RoU.
upon the Burgess RoU for such Ward as shall be named in the
Application, and thereupon for the Court to inquire into the
Title of the Applicant to be so enrolled ; and if the Court shall
award such Mandamus the Mayor shall be bound to insert the
Name at the End of the Burgess Roll, with the Addition of the
Ward for which such Name is so ordered to be inserted, and
shall add thereunto the Words ^^ By Order of the Court of
Queen's Bench," and shall subscribe his Name to such Words;
and the Town Clerk shall be bound to produce the said Burgess
RoU to the Mayor for that Purpose ; and thereupon the Person
whose Name shall be so added to the Burgess Roll shall be
deemed a Burgess, and entitled to vote and act as a Burgess in
all respects as if his Name had been put upon the Burgess Roll
in that Ward by the Barrister or Mayor and Assessors ; and
upon every such Application the Court shall have Power to
make such Order with respect to the Costs as to the Court shall
seem fit.

L. And be it enacted. That the Right of every Person who Admianonupon
shall have been admitted and enrolled upon the Burgess Roll ^"j^p^^f^^L
to be so admitted and enrolled may be questioned by any Burgess Hke Appid as
by Appeal, in like Manner, and subject to the like Provisions upon FreemenV
as to Costs, and as to the Attendance of the Town Clerk, and ^^
Alteration of the Roll, as are herein-before contained with re-
spect to the Appeal against the Admission of cuiy Person upon
the Freemen's Roll.

LL And be it enacted. That after the passing of this Act Applications
every Application to the Court of Queen's Bench in Ireland for ^g.^^'
the Purpose of calling upon any Person to show by what made within
Warrant he claims to exercise the Office of Ms^or, Alderman, the Term next
or Councillor in any Borough shall be made before the End of ^JJ^^^*^"
the Term following next but One after the Election of the
Person i^inst whom such Application shaU be directed, or
after the Time when such Person shall have become disquaUfied,
and not at a subsequent Time.

LII. And be it enacted, That after the passing of this Act, Corporations
in case no Election shall be made of any Mayor, or any of the "iai^t^rcr.

3 A 4 Aldermen, son of Election

738

not being held
on appt>iutcd
Days.

Cap. 108.

Muhicipcd Corporaiions, Ireland. 8 & 4 ViCT.

Provisions of
Act of Irish
Parliament
19 0.2. extend-
ed to I' lections
under this Act.

Penalty for
wilfully and
corruptly ex-
punging or not
inwrting any
Name,

Aldermen, Councillors, or other Corporate OfiScers in any Bo-
rough, upon the Day or within the I'ime appointed by this Act
for such Election, or such Election being made shall afterwards
become void, whether such Omission or Avoidance shall occur
through the Default of the Officer or Officers who ought to
preside at such Election, or by any other Means or Accident
whatsoever, the Corporation shall not thereby be deemed to be
dissolved or disabled from electing such Mayor, Alderman, or
Councillor, or other Corporate Officer, for the future ; but ia
case where no such Election shall be made as aforesaid the
Election for any such Mayor, Alderman, Councillor, or other
Corporate Officer may be had, held, or proceeded with upon
the Day next after the Day on which such Election ought to
have been made, unless such Day shall happen to be a Sunday^
and then upon the Monday following ; and every Act necessary
to he done in order to and for the completing such Election
shall and may be then done, and the same shall be as effectual
and valid for all Purposes as if the Election had been made on
the proper Day appointed for that Purpose.

LIIL And be it enacted. That after the passing of tliis Act
all the Powers, Authorities, and Jurisdictions by an Act passed
in the Parliament of Ireland in the Nineteenth Year of the
lieign of King George the Second, intituled An Act for the
Letter Regulation of Corporations^ given to Her Majesty's Court of
Queen's Bench in Ireland in Cases where no Election shall be
made of the Mayor, Bailiff or Bailiffs, or other Chief Officer or
Officers of Cities, Boroughs, or Towns Corporate, upon the Day
or within the Time appointed by Charter or Usage for that
Purpose, and that no Election is'niade pursuant to the Directions
in that Act and herein-before prescribed, or tliat such Election
being made shall afterwards become void, as in that Act men-
tioned, shall be and the same are hereby extended to all Case»
in which no Election shall be made of any Mayor, Alderman^
Councillor, or other Corporate Officer, or other Person, to any
Corporate Office, on the Day or within the Time appointed
for any such Election under the Provisions of this Act ; and
the said Court of Queen's Bench is hereby empowered in all
such Cases to make such Orders, and to do all other Acts»
Matters, and Things in respect thereof, as fully and effectually
as the said Court is now by Law authorized in any other Cases
of making Orders for the Election of any Officers of Corpora-
tions ; and the Election to be held under any such Order shdl
be held, and the Proceedings thereupon conducted, within the
Borough, in the same Manner and under the like Regulations
and Provisions as are in the said Act of His Majesty King George
the Second enacted and provided.

LIV. And be it enacted. That if any such Mayor or Assessor
shall wilfully and corruptly disallow the Claim of any Person
who shall be duly entitled, or wilfully and corruptly allow the
Claim of any Person who shall not be duly entitled, to be
enrolled on tlie Burgess Roll, or if any such Mayor shall wilfully
and corruptly expunge the Name of any Person duly entitled^

4 or

1840. 'Municipal Corporations^ Irdand. Cap. iO& 739

or wilfully and corruptly insert or retain in such List the Name
of any Person who shall not be duly entitled, to be enrolled on
such Burgess Roll, every Msyor or Assessed' so offending shall
be liable to be sued by way of Civil Bill, in an Action of Debt,
for the penal Sum of Fifty Pounds for every Name so wilfully
and corruptly allowed, disallowed, expunged, inserted, or re-
tained^ at the Suit of any Burgess of the said Borough who
shall sue for the same in the Court of the Assistant Barrister,
Chairman, or Recorder having Jurisdiction, by way of Civil
Bill, within such Borough ; and the Defendant in such Action
respectively, being convicted, shall pay such penal Sum so
awarded, with full Costs of Suit, to the Party who may sue for
the same ; and if any Mayor, Town Clerk, or Churchwarden Mayor, Town
shall wilfully neglect to make out such Lists, or wilfully omit chJrehwd n
the Name of any Person which ought to be inserted thereon, neglecting
or wilfully insert in or retain on such Lists the Name of any Duty, guilty of
Person which ought not to be inserted thereon, or wilfully * Misdemcwior,
neglect or refuse to perform the Duties or any Part thereof
by this Act imposed upon him or them respectively, he shall
be deemed guilty of a Misdemeanor, and may be indicted and
punished accordingly.

L V. And be it enacted. That the Town Clerk of every Copies of Bur-
Borough named in the said Schedule fA.) shall cause to be «*^^"i;!.**

. . \ r>t * /* \ ■Tk *-i»ii» XT made for SSaie*

written or printed Copies of the Burgess HoU m every xear,
and shall deliver such Copies to all Persons applying for the
same, on Payment of a reasonable Price for each Copy, not
exceeding the Sum of Three-pence for every Hundred Names,
and so in proportion for any lesser Number ; and the Monies
arising from the Sale thereof, and of the Churchwardens and
Town Clerks Lists, and of the Lists of Claims and Objections
as aforesaid, shall be paid over to the Treasurer of such Borough^
and shall be applied by him in aid of the Borough Fund herein-
after mentioned.

LVL And be it enacted. That the Council of every Borough ExpenceBof
named in the said Schedule (A.) shall take an Account of the YTs^^^
reasonable Expences incurred in carrying into effect tlie several ^ "
Provisions of this Act, so iiir as relates to the said Lists,
and shall order the Treasurer of such Borough to pay the same
out of the Borough Fund of the said Borough.

LVIL And be it enacted. That in every Borough named Mayor, Aider-
in the said Schedule (A.), and in every Borough named in the "5^;,*^ S*"""
said Schedule (B.), or other Town to which a Charter of chosen in every
Incorporation shall be granted as aforesaid, there shall be elected, Borough,
at the Time and in manner herein-after mentioned, One fit
Person, who shall be and be called ^* The Mayor" of such
Borough ; and in the different Wards of every such Borouc^h
there shall be elected, at the Time and in the Manner herein-
after mentioned, a certain Number of fit Persons, who shall be
and be called ^' The Aldermen " of such Borough, and a certain
Number of other fit Persons, who shall- be and be called
♦' The Councillors" of such Borough; and in every Borough
named in the said Schedule (A.) tlie Number of Persons to be

so

740 Cap* 108. Municipal Corporations^ Ireland. 3 & 4 Vicr*

so elected Aldermen and Councillors of such Borough shall be
the Number of Persons in that Behalf mentioned in conjunction
with the Name of such Borough in the Schedule (A.) to this
Act annexed ; and such Mayor, Aldermen, and Councillors for
the Time being, or so many of them as shall at any Time be
elected and have accepted the Offices, shall be and be called
^ The Council '' of such Borough ; and in every such Borough
to which no Charter of Incorporation shall be granted as afore*
said, and in which Municipal Commissioners of such Borough
shall be constituted under this Act, there shall be elected, at
the Time and in manner herein-after mentioned. One fit Person,
who shall be and be called '^ The Chairman of tlie Municipal
Commissioners" of such Borough.
Whu not quali- LVIII. And be it enacted, That no Person being in Holy
fiedtobeciuMen Qrders, or being the regular Minister of any Dissenting Con-
manTOT CouqI gregation, shall be qualified to be elected or to be a Councillor
ciHor, or Com- or an Alderman or a Municipal Commissioner of any Borough ;
minioner. j,qj. ^^W any Person be qualified to be elected or to be a Coun-
cillor or an Alderman of any Borough named in said Schedule
(A.) to this Act annexed who shall not be on the Burgess List
of such Borough, nor unless he shall be seised or possessed of
Real or Personal Estate, or of both, of the clear Value of One
thousand Pounds above what will satisfy his Debts, or shall
occupy, and shall for Twelve Calendar Months next previous
have occupied, a House rated for the Relief of the Poor at the
net annual Value of Twenty-five Pounds or upwards, situate
within the Borough ; nor shall any Person be qualified to be
elected or to be a Councillor or an Alderman of any Borough
named in the said Schedule (B.), or other Town to which a
Cliarter shall have been granted as herein-before is mentioned,
who shall not be on the Burgess List of the Borough for which
he is elected, nor to be elected or to be such Councillor or
Alderman or a Municipal Commissioner of any Borough^ unless
he shall be seised or possessed of Real or Personal Estate, or of
both, of the clear Value of Five hundred Pounds above what
will satisfy his Debts, or shall occupy, and shall for Twelve
Calendar Months next previous have occupied, a House situate
within the Borough, and rated as aforesaid at the net annual
Value of such Sum, not more than Twenty Pounds and not less
than Fifteen Pounds, as to Her Majesty, with the Advice of
Her Privy Council, shall seem fit, to be specified in such Charter ;
nor shall any Person be qualified to be elected or to be a Coun-
cillor or an Alderman or a Municipal Commissioners of any
such Borough during such Time as ne shall hold any Office or
Place of Profit other than that of Mayor, in the Gift or Disposal
of the Council, Commissioners, or charitable Trustees of such
y Borough, or while he is an uncertificated Bankrupt, or during

^sX^^*^t^ ^ such l^me as he shall have directly or indirectly, by himself or
/^y^ /^^ ^^ Partner, any Share or Interest in any Contract or Employ-
ment with, by, or on behalf of such Council, Commissioners, or
charitable Trustees ; provided that no Person shall be disquali-
fied froiii being a Councillor or Alderman or Commissioner of

any

1840. Munidp(d Chnporattons, Iridand, Cap.lO& 741

any Borouffh as aforesaid by reason of his being a Proprietor
or Shareholder of or in any Company which shall contract with
the Council or Commissioners of such Borough for lighting or
supplying with Water any Part of the said Borough, or insuring
agamst Fire any Property therein.

LIX. And be it enacted, That every Burgess of any Borough Burgwes to
divided or to be divided into Wards according to tlie Provisions (^/^^oi
and Directions herein contained shall be entitled to vote in the the Ward in
Election of the Aldermen and Councillors to be chosen within which their
that Ward in which some Part of the Property of such Burgess ^^^^^
in respect of which he is enrolled on the Burgess Roll for the
Time being of such Borough shall appear to be situated^ and
not otherwise, and no other Person shall be entitled to vote in
the Election ; and in case it shall happen that any Burgess shall
be entitled to be enrolled in respect of Property in Two or
more Wards, then he shall, if otherwise duly qualified according
to the Provisions of this Act, be enrolled and vote in such One,
but not more than One, of the said Wards as he shall select, by
Writing under his Hand delivered to the Town Clerk, or left at
his Office, on or before the Fifth Day of Sq)tember in any Year,
or, in default of his Selection, as the Mayor or Barrister, when
revising the said Lists of Burgesses, shall determine.

LX. And be it enacted, That on the Twenty-fifth Day of Directing the
October in the first Year in which this Act shall come into Aldemwn and
operation in any such Borough as last aforesaid the Burgesses Councillors,
in every Ward of every such Borough shall elect, from among
the Persons qualified to be Councillors of such Borough, the
Number of Persons mentioned in the Schedule (A.) to this Act
annexed, or in such Charter as aforesaid, as the Case may be,
in conjunction with such Ward, as the Number of Aldermen
and Councillors of the said Borough to be elected in such
Ward ; and One Fourth Part of the Persons so elected, being
those who shall have the greatest Number of Votes, shall be the
Aldermen of the said Ward, and the remaining Three Fourths
shall be the Councillors of such Ward ; and in case an equal
Number of Votes shall be given for any Two or more Persons,
any of whom but for such Equality would be Aldermen, or
where there shall be no Contest, the Majority of the whole
Council shall determine which of such Persons having an equal
Number of Votes shall be Alderman or Aldermen.

LXI. And be it enacted. That upon the Twenty-fifth Day One Third Part
of October in every Year following that in which this Act sliall f^ ^"°^^

• • r» ° 1 .rx mi • 1 11 /• 1 to go out of

come into operation m any Borough Une 1 hird rart of the oflioe annuBllj.
Number appointed as aforesaid to be the whole Number of the
Councillors of every Ward of such Borough shall go out of
Office, and the Burgesses then enrolled in the Burgess Roll for
such Ward shall elect the Number of Councillors needed to
supply the Vacancies thereupon existing in the Number of
Councillors ; and those who shall so first go out of Office shall be
the Councillors who were elected under the Provisions of this
Act by the smallest Numbers of Votes at the First Election^
and in the next Year those who shall go out of 06Sce shall be

the

742

One Half the
Number of the
Aldermen to go
out of Office
every Three
Yeara.

When Day of
Election falls
on a Sunday.

Elections bow
to be held.

Cap* 108. Municipal CorporatioTu, Ireland. 3 & 4 Vict*

the Councillors who were elected under the Provisions of this
Act by the next smallest Numbers of Votes at the First Elec-
tion, the Majority of the whole Council always determining^
when the Votes for any such Persons shall have been equal,
or when there shall have been no Contest, who sliall be the
Persons so to go out of Office ; and thereafter those who shall
BO go out of Office shall always be the Councillors who have
been for the longest Time in Office without Re-election : Pro*
vided always, that any Councillor so going out of Office shall
be capable of being forthwith re-elected, if then qualified as
herein provided.

LXII. And be it enacted, That on the Twenty-fifth Day of
October in every Third Year after the Year in which this Act
shall come into operation in any Borough, except in DuUiny
Kilkennyy jind ClonmeU, One of the Aldermen of every Ward
shall go out of Office, and the Burgesses then enrolled in the
Burgess Roll for that Ward shall elect an Alderman to supply
the Vacancy; and in the City o( DuMin the Burgesses of each
of the Nine Southern Wards and Six Northern Wards alter-
nately shall separately elect in each Third subsequent Year the
Alderman of that Ward, and in each of the Boroughs of Kit-
kenny and ChnmeU the Buri^esses of each Ward alternately shall
separately elect in each Third subsequent Year the Aldermen
of that Ward ; and the Council of each of the Three last-mei>»
tioned Boroughs shall determine in which Ward or Wards the
Alderman or Aldermen shall be firat re-elected, and the Alder-
man or Aldermen first elected in the Ward or Wards so de-
termined upon by the Council shall go out of Office at the End
of Three Years after their Election; and the Alderman of
every Ward of every other Borough who shall so first go out of
Office shall be the Alderman who was elected in that Ward by
the smallest Number of Votes at the First Election, the Majo-
rity of the Council determining, when the Votes for any such
Person or Persons shall have been equal, or in case there shall
have been no Contest, who shall be the Alderman or Aldermen
first to go out of Office ; and thereafter those who shall go out of
Office shall always be those who have been Aldermen for the
longest Time without Re-election : Provided always, that any
Alderman on going out of Office may be forthwith re-elected,
if then qualified.

LXIII. And be it enacted. That whenever any Day ap-
pointed by this Act as a Day of Election or for doing any
Act in any Year shall happen on a Sunday^ in every such Case
the Election shall be holden and the Act done on the following
Monday.

LXIV. And be it enacted. That the first Election of Alder-
men and of Councillors within any Ward according to tlie Pro-
visions of this Act shall be holden before the Barrister to be
appointed by the Lord Lieutenant to revise the Lists of Bur-
gesses as aforesaid, or the Person whom the said Barrister shall
appoint for that Purpose in such Ward respectivelj^, and such
Barrister or other Person shall for that Purpose be in the Place

and

1840. Mmicipd Corporations^ Irehmd. Cap. 108. 743

and Stead of the Alderman and Assessors, and shall have all
such Powers as the Alderman and Assessors will possess in the ^ .

subsequent Elections ; and every subsequent Election of Alder-
men or of Councillors within any Ward according to the Pro-
visions of this Act shall be holden before an Alderman and the
Assessors for the Time being of such Ward^ except as herein is
excepted, the senior Alderman presiding when there is more
than One; and the voting at every such Election shall com-
mence at Nine of the Clock in the Forenoon, and shall finally
close at Four of the Clock in the Afternoon of the same Day,
and shall be conducted in manner following; (that is to say,) Mode of voting.
every Burgess entitled to vote in the Election may vote for any
Number of Persons, not exceeding the Number of Aldermen
or Councillors then to be chosen, by delivering to the Mayor
or Barrister, or Alderman or Peraon appointed as aforesaid, (as
the Case may be,) a Voting Paper containing the Christian
Names and Surnames of the Persons for whom he votes, with
their respective Places of Abode and Descriptions, such Paper
being previously signed with the Name of the Burgess voting,
imd with the Name of the Street, Lane, or other Place in which
the Property in respect of which he is enrolled is situated.

LXV. And be it enacted, That at every Election under PoUingBootht
this Act in any Borough the Mayor or Barrister, or Alderman to be provided.
or other Person, before whom the Election shall be held, if it
shall appear to him expedient for taking the Poll at such
Election, may cause Bootlis to be erected, or Rooms to be
hired and used as such Booths, for different Parts of such *
Borough, and such Booths or Rooms may be situated either in
one Place or in several Places, and shall be so divided and
allotted into Compartments as to him shall seem most con-
venient ; and the Mayor or Alderman, or Barrister or other
Person, shall appoint a Clerk to take the Poll at each Com-
partment, and shall cause to be affixed x>n the most conspicuous
Part of each of the said Booths the Names of the Parts of the
Borough for which such Booth is respectively allotted ; and no
Person shall be admitted to vote at any such Election except
at the Booth allotted for the Part wherein the House, Ware-
house, Counting-house, pr Shop occupied by him, as described
in the Burgess Roll, may be; but in case no Booth shall
. liappen to be provided for any particular Part as aforesaid, the
Votes of the Persons voting in respect of Property situate in
any Part so omitted may be taken at any of the said Booths ;
and public Notice of the Situation, Division, and .Allotments of
the different Booths shall be given, Two Days before the Com-
mencement of the Poll, by the Mayor or Alderman, or Bar-
rister or other Person ; and in case the Booths shall be situated
in different Places, tlie Mayor or Alderman, or Barrister or
other Person, may appoint a Deputy to preside at each Place :
Provided that no Election shall be holden under this Act in
any Borough in any Church, Chapel, or other Place of Public
Worship.

LXVL And

744 Cap. 106. Mumeipal Corporations, Irdand. 3 & 4 Vict.

No Inquiry of LXVI. And be it enacted, That no Inquiry shall be per-
the Voter, ex- jnitted at any Election as to the Right of any Person to vote as
Id^th^aud * Burgess in any Borough, except only as follows ; (that is to
vheUier be has say,) that the Mayor or other presiding Officer shall, if re-
voted before at quired by any Two Burgesses entitled to vote in the same Bo-
tioiu^ rough, put to any Voter, at the Time of his delivering in his

Voting Paper, and not afterwards, the following Questions, or

any or them, and no other :
Forms of Ques- 1. Are you the Person whose Name is signed as A,B. to
Uons as to these |.[jg Voting Paper now delivered in by you ?

2. Are you the Person whose Name appears as A. B, on the

Burgess Roll now in force for this Borough, being
registered therein for Property described to be situated
in ? [^Here specify tlie Street, Sfc as described

in the Burgess BoUJ]

3. Have you already voted at the present Election, in tliis or

any other Ward ?

And no Person required to answer any of the said Questions

shall be permitted or qualified to vote until he shall have an*

swered the same ; and if any Person shall wilfully make a

false Answer to any of the Questions aforesaid he shall be

deemed guilty of a Misdemeanor^ and may be indicted and

punished accordingly.

Poll may be LXVIL And be it enacted. That at any Election under the

dosed if an Provisions of this Act it shall be lawful for the presiding Offi-

ed^thwrt a**" cer to close the Poll at any Time before Four t)f the Clock, if

Vote being ten- One Hour shall have elapsed during which no Vote shall have

^*^' been tendered for any Candidate ; provided that no Person or

Persons have within the last Hour been prevented from coming
to the Poll by any Riot, Violence, or other unlawful Means,
of which Notice shall have been given to the Returning
Officer.
Result of Eiec- LXVIU. And be it enacted, That the Mayor and Assessors,
^^ ^ *° ^ or the Alderman and Assessors, or the Barrister or other
^* Person appointed as aforesaid, (as the Case may be,) shall

examine the Voting Papers so delivered as aforesaid, for the
Purpose of ascertaining which of the several Persons voted for
are duly elected; and so many of such Persons, being equal to
the Number of Persons then to be chosen, as shall have the
greatest Number of Votes, shall be deemed to be elected ; and
in case of an Equality in the Number of Votes for any Two or
more Persons, the Mayor and Assessors, or Alderman and
Assessors, or any Two of them, or, at the First Election, the
Barrister, or other Person appointed by the Barrister as idbre*
said, shall name, from amongst those Persons for whom the
Number of Votes shall be equal, so many as shall be necessary
to complete the requisite Number of Persons to be chosen
Aldermen or Councillors, as the Case may be ; and the Mayor
shall cause the Voting Papers to be kept in the Office of the
Town Clerk during Six Calendar Months at the least after
every such Election ; and the Town Clerk shall permit any

Burgess,

1840. Mmmpal Corparaihnsy Ireland. Cap.lOa 745

Burgess, or any Two Bargesses together, to inspect the Voting
Papers of finy Year, on Payment of One Shilling for every
Search ; and the Mayor shall publish a List of the Names of the
Persons so elected, together with the Number of Votes given
in favour of each Person so elected, not later than Two of the
Clock in the Afternoon of the Day next but One' following the
Thy of such Election*

LXIX. And be it enacted, That if at any Election of Alder- Manner ofpro-
men, Councillors, or Assessors for any Borough to be divided ^cdingifany
into Wards according to the Provisions and Directions herein ed aO)uncaior
contained any Person shall be elected an Alderman, Coun- in more than
cillor, or Assessor in more than One of the Wards of such ^® Ward.
Borough, he shall within Three Days afler Notice thereof choose,
or in default the Mayor shall declare^ for which one of the said
Wards such Alderman, Councillor, or Assessor shall serve, and
such Person shall thereupon be held to be elected in that Ward
only which he shall so choose, or which the Mayor shall so
declare.

LXX« And be it enacted. That on the Third Day of Novem" Election of
ber in the Year in which this Act shall come into operation in ^"^}1^*°^
every Borough, and in every succeeding Year, the Burgesses of
the whole Borough shall, at an Ejection to be holden before
the Mayor, elect from the Persons qualified to be Councillors,
by a Majority of Votes, Two Burgesses, who shall be and be
called ^< Auditors " of such Borough, and Two Burgesses,
who shall be and be called ^* Assessors " of such Borough ;
and besides the Two Assessors chosen as aforesaid by the
Burgesses for the whole Borough to hold the Court with the
Mayor for revising the Burgess Lists, the Burgesses of every
Ward shall, on the Third Day of November next after the Elec-
tion of Councillors in such Ward, and in every subsequent Year,
elect from the Persons qualified to be Councillors Two Assessors
for such Ward, jn the Form and Manner herein-before provided
for the Election of Councillors ; and every such Auditor and
Assessor shall continue in Office until the Tenth Day of November
in the Year following his Election ; and the Election of such Au«
ditors and Assessors respectively shall be in Form and Manner
herein-before provided for the Election of Councillors: Pro-
vided nevertheless, that in every such Election of Auditors or
Assessors of the Borough, or Assessors of the Ward, no Burgess
shall vote for more than One Person to be an Auditor or As-
sessor : Provided also, that no Burgess shall be eligible to be or
be elected such Auditor or Assessor as aforesaid who shall be of
the Council, or the Town Clerk or Treasurer of such Borough ;
and no Auditor shall be eligible to be elected Alderman or
Councillor, or appointed to be Town Clerk or Treasurer of the
Borough, during the Time of his being such Auditor ; and no
Assessor shall be eligible to be elected Alderman or Councillor
during the Existence of the Burgess Roll formed from the Lists
with respect to which he shall have acted as such Assessor,
or appointed to be Town Clerk or Treasurer during the Time
of his being such Assessor.

LXXL And

746 Cap. 10& Municipal Corporations^ Irebtnd. 3 & 4 Vicr.

irtheMnyor LXXI. And be it enacted, That if the Mayor of any Bo-

absent or in- rough shall, at the Time when it shall be necessary to execute
at'iSection*'"* ^^® Powers and Duties herein provided with respect to the
&c. Council to Revision of the Lists of Burgesses, or with respect to Elections,
appoint an Ai- be dead, absent, or otherwise incapable of acting, or if there

cuteTeDuU^ ^^^^^ ^ *^" "^ Mayor, the Council of such Borough shall

forthwith elect One of the Aldermen to execute all such Powers

and Duties in his Place, whose Acts shall be as valid as any

Act of the Person instead of whom he shall have been so

elected.

In caw of in* LXXIL And be it enacted. That in case of the Illness or

n^ &c. of Incapacity to act of any Alderman at any Election, the Mayor

ermen. ^Yi^Xl be empowered to appoint another Alderman to act in the

Room of such Alderman during such Illness or Incapacity.

Assevormay LXXIII. And be it enacted. That every Assessor shall be

puty!"' * empowered, and he is hereby directed, as soon as conveniently

may be after his Election, and from Time to Time as the
Occasion may arise or to him may seem fit, to appoint under
his Hand a Deputy to act for him, in case of his Illness or
Incapacity to act, at any Election or any Revision of the Bur-
gess Lists; and every such Appointment shall be signified by
him ia Writing under his Hand to the Council, and shall be
recorded on the Minutes of their Proceedings.
Where the Bo- LXXIV. And be it enacted, That in every Borough named
divided^nr^ in the said Schedule (B.), and in every other Town in Ireland
Wards, the ^^ which a Charter of Incorporation under this Act shall be
Klecttons for granted as aforesaid, and which shall not therel>y be divided
rou llJ'to^e ^ ^^^ Wards, the Aldermen and Councillors to be assigned to
similar to Eico- ^^^h Borough shall be elected by the Burgesses of the whole
tiuusia Wards. Borough, iu like Manner, and at the like Times, and before

the like Persons, and with the like Powers, and with the like
Penalties, and subject to the like Regulations, as the Aldermen
and Councillors of cmv Ward are directed bv the Provisions
herein-before contained to be elected in that Ward, at the
firat or any other Election under this Act, except that every
such Election herein-before directed to be holden before an
Alderman and Two Assessors of the Ward shall be holden
before the Mayor and Two Assessors of the Borough ; and the
Two Assessors chosen to hold the Court with the Mavor for
revising the Burgess Lists shall also peiform all tlie same Duties,
and shall have the same Powers, within the Borough, as are to
be performed and exercised in a Borough divided into Wards
by the Two Assessors chosen for each Ward; and the Votings
and other Proceedings in all other respects at such Elections
within such Borough shall be conducted in the same Manner
as is herein-before directed with regard to similar Elections in
Wards; and in every Borough named in the said Schedule
(B.) to which no Charter of Incorporation under this Act shall
be granted as aforesaid, the Municipal Commissionei*s of such
Borough shall be elected in like Manner, and at the like
Times, and before the like Persons, and with the like Powers,
and with the like Penalties, and subject to the like Regulations,

as

1840. Municipal CorporaHonsy Ireland^ Ca^iOS. 747

as the Councillors in such Boroughs to which Charters of In-
corporation under this Act shall or might be granted, and which
shall not thereby be divided into Wards, except as to Assessors
of. the Borough, and except that upon the Twenty-fifth Day of
October in every Third Year only fol|lowing thca in which this
Act shall come into operation in such Borough the whole
Number of Municipal Commissioners of such Borough then
elected as aforesaid shall go out of Office, and the Persons then
entitled to vote at such Elections shall elect the Number of
Municipal Commissioners then required to constitute such
Board as aforesaid, according to the Provisions herein-before
contained ; and all the Provisions herein contained relative to
any Councillor of any Borough shall, except as aforesaid, apply
to any Municipal Commissioner of any Borough ; and all the
Provisions relative to any Burgess of any Borough at such
Elections shall apply to any Person who is or was entitled to
vote at the Election of the Municipal Commissioners of any
Borough ; and all the Provisions relative to the Burgess Roll
of any Borough shall apply to the Kate for the Relief of the
Poor of the Union in which any such Person is rated for any
Property in such Borough.

LXXV. And be it enacted. That after the Declaration of Existing
the First Election of the Councillors under the Provisions of ^^^"i^^f
this Act in any Borough named in the said Schedule (A.) the Boroughs^'n
Mayor, Aldermen, and Common Councilmen, and all other Schedule (A.)
Members of the Common Council or jroverninfir Body of the *? J° °"* ^,

T> J ^ ^ .^ J . • • -.1 "^ I « Office on Elec-

liody Corporate, if any, named m conjunction with such Bo- tion of Conn-
rough in the said Schedule (A.), by whatever Name or Style «!• under thU
they may be known or called then in Office, or elected to any ^'^
Office, shall go out of Office, and their whole Powers and
Duties shall cease : Provided nevertheless, that any of the said
Persons shall be eligible to be elected and appointed under the
Provisions of this Act : Provided also, that such Persons as by Exception u
virtue of any Charter are Justices of the Peace in any Borough ^*****^ "^^^
named in the said Schedule (A.) at the Time when this Act
shall come into operation shall continue to have and exercise all
the Powers which at the Time when this Act shall come into
opemtion they have as Justices of the Peace, until the First
Day of December next after the first Election of Councillors
und^r this Act in that Borough, and no longer.

LXXVL And be it enacted, That in every such Borough in Ceruin Elec-
which, by Statute, Charter, Bye Law, or Custom, any Election ^ not to be
is appointed to be holden between the Day on which this Act
shall come into operation in that Borough and the Twenty-fifth
Day of October then next following, both inclusive, no such
Election shall be holden, but . every Person holding Office
in any such Borough on the Day on which this Act shall come
into operation in that Borough shall hold such Office, and have
aU the Powers, and be subject to all the Duties, and be en-
titled to the same or a Proportion of the same Salary and
Fees of such Office for the Time for which he shall act, as if
he had been elected to such Office between tlie Day on which
[No. 48. Price 2i] 3B this

748 Cap. 108. Municipal Corporations^ Ire^ruL d& 4 Vict.

this Act shall come into operation in that Borough and the
Twenty-fifth Day of October then next following, until the Time
provided by this Act for him to so out of Office.
After the Com- LXXVII. And be it enacted, That after the passing of this
menceroent of ^qi j^q Election shall be holden for any Officer of the Body
ineM^yowl*' Corporate named in the said Schedule (B.) in conjunction with
&c., and Officers such Borough, except for the Purpose of supplying a Vacancy
of Boroughs in occasioned by Death, Removal,' or Resignation; and in every
toc^doiM ^^^ ^^ which an Election of any such Officer is appointed by
until new Elee- any Statute, Charter, Bye Law, or Custom to be holden between
tion or Divoiu^ ^he Day of the passing of this Act and the Day on which such
*'^"" Body Corporate shall by virtue of this Act be dissolved, Uie

Person holding or elected to such Office on the Day of the pass-
ing of this Act shall hold such Office, and have all the Powers,
and be subject to all the Duties belonging thereto, in the same
Manner as if he had been elected to such Office at any Time
after the passing of this Act: Provided always, that no Person
so elected for the Purpose of supplying such Vacancy shall be
entitled to any Compensation under the Provisions of this Act.
The Power of LXXVIII. And be it enacted. That the Powers and Duties
Mayors, &c. to ^f ^j^^ Mayor, Aldermen, and Common Councilmen, and all
wlution of the Other Members, by whatever Name or Style they may be called,
Corporation. of every Body Corporate named in the said Schedules (B.) and

(I.) respectively, shall cease on the Day on which such Body
Corporate shall be dissolved by virtue of the Provisions herein*
before contained.
Powers of Ju»- LXXIX. And be it enacted. That the Powers and Duties of
Ditodki?"**^ ®" all Persons who by virtue of any Charter shall be Justices of
cept in Gaiway the Peace in any of the said Boroughs named in the said Sche-
and Carrickfer- dulc (B.) shall ceasc on the Day on which such Body Corporate
gus, where they gj^^jj (jg dissolved by virtue of the Provisions herein-before
in Office until Contained : Provided always, that when the Body Corporate of
a separate Com- the Boroughs of Golwoy and Carrickfergus respectively shall be
S'towljhTb^' dissolved, the Powers and Duties of all Persons who by virtue of

any Charter shall on the Day preceding such Dissolution be
Justices of the Peace in either of such Boroughs, notwithstand-
ing they may have ceased to hold the Office by virtue of which
they shall be such Justices, shall continue until ft separate Com-
mission of the Peace shall have been granted to the Borough in
which they shall be such Justices, and no longer.
The Powers of LXXX. And be it enacted. That the Powers and Duties of
salaried Magis- ^\ Persons who, on the Day preceding the Dissolution of any
Acu of'pMlia- Body Corporate by virtue of this Act, shall be Justices of the
ment continued Peace with Salaries or Fees, by virtue of any Act or Acts of
"7^* ^f«™°: Parliament now in force, in the Boroughs named in the said
Lieuteniuit. Schedule (B.) to this Act annexed in connexion with such Body

Corporate, whether such Persons shall be Justices in their re-
spective Corporate Capacities, or shall have been elected or
appointed by any such Body Corporate, or any Member or
Members thereof in his or their Corporate Capacity, and where
such Persons shall have been such Justices in their respective
Corporate Capacities^ notwithstanding that they shall have ceased

to

1840. Municipdt Corporations, Iceland. Cap. 108. 719

to hold the Offices by virtue of which they shall be such Justices,
shall continue, and the same Police Office, and Officers and Ser-
vants and Establishments for the Performance of such Powers
and Duties, and all Laws and Provisions relating thereto, shall
be continued and remain in force, in the same Manner as if
this Act had not been passed, until such Time as the Lord Lieu-
tenant shall, by Notice to be published in the Dvhlin Gazette^
declare that the same shall determine ; and at the Time to
be mentioned in any such Notice the Powers and Duties of
the Person or Persons therein named as Justice or Justices in
such Town shall cease.

LXXXL And be it enacted. That if any extraordinary Occasional
Vacancy shall be occasioned in the Office of Councillor, Muni- c^cyj'^^^
cipal Commissioner, Auditor, or Assessor for any Borough, the be filled up by
Burgesses or Persons entitled to vote shall, on a Day to be fre«h Elections.
fixed by the Mayor of such Borough, or by the Alderman,
appointed as aforesaid, of the Ward in which the Vacancy has
happened, accordingly as the Election is to be by the Bur-
gesses or Voters oi the whole Borough or of any particular
Ward (such Day not to be later than Ten Days after such
Vacancy), elect from the Persons qualified to be Councillors or
Commissioners another Person qualified to supply such Vacancy ;
and such Election shall be held, and the voting and other Pro-
ceedings, in case of a Contest, shall be conducted in the same
Manner and subject to the same Provisions as are herein-before
enacted with respect to the Election of Councillors as aforesaid ;
and every Pereon so elected shall hold such Office until the
Time at which the Person in room of whom he was chosen
would regularly have gone out of Office, and he shall then go
out of Office, but shall be capable of immediate Re-election, if
then qualified as herein provided.

LXXXIL And be it enacted, That if any extraordinary Occasional
Vacancy shall be occasioned in the Office of Alderman by rea- ^,^^^ *"
son of any Person who shall have been elected to such Office Alderman to be
not accepting the same, or by reason of his dying, or ceasing supplied.
to hold the said Office, the Burgesses of the Ward in which the
Vacancy may have occurred shall, on a Day to be fixed by the
Mayor of such Borough, or by the Alderman, appointed as
aforesaid, of the Ward in which the Vacancy has happened, or,
if there shall be no Alderman appointed as aforesaid, by such
Alderman or Councillor as shall have been appointed for that
Purpose by the Council (such Day not to be later than Ten
Days after such Vacancy), elect out of the Councillors, or Per-
sons qualified to be Councillors of the Borough, another fit Per-
son to be an Alderman of the Ward, instead of the Person so
declining, dying, or ceasing to hold Office.

LXXXIIL And be it enacted, That on the First Day of Election of
November in every Year the Council of the Borough shall elect ^^l^^
but of the Aldermen or Councillors of such Borough a fit Per-
son to be the Mayor of such Borough, who shall continue in
his Office for One whole Year, and until his Successors shall
have accepted the Office of Mayor, and shall have made and

3 B *2 subscribed

750 Cap. 108. Municipal Corporationsj Ireland. 3 8c 4 Vjct.

subscribed the Declaration required in that Behalf; and in case
of an Equality of Votes in any Election of Mayor, the Alderman
vAk} shall have been elected by the greatest Number of Votes
shall have a second or casting Vote ; and in case a Vacancy
shall be occasioned in the Office of Mayor of the Borough
during such Year, by reason of any Person who shall have
been elected to such Office not accepting the same, or by rea-
son of his dying, or ceasing to hold the said Office, the Council
of the Borough shall, within Ten Days after such Vacancy, elect
out of the Aldermen or Councillors of the said Borough
another fit Person to be the Mayor thereof for the Remainder
of the then current Year ; and in like Manner, and at the like
Times, and subject to the like Regulations, the Board of
Municipal Commissioners of any Borough shall elect out of
the Commissioners of such Borough a fit Person to be the
Chairman of such Commissioners.
The Major to LXXXIV. And be it enacted, That the Mayor for the
be a Justice of Time being of every Borough shall be a Justice of the Peace
the Borough^ ®^ ^^^ ^^^ *"^^ Borough, and such Mayor shall during his
and Returning Mayoralty have Precedence in all Places within the Borough,
9®*^ *!jL^^*^ and io Boroughs which return a Member or Members to serve
bCTTto seryTin ^" Parliament, other than Cities and Towns which are Coun-
Parliament. ties of themselves, the Mayor, or in any such Borough in which

there shall be no Mayor, the Sheriff oi the County in which the
Whole or the greater Part of such Borough shall be situate,
shall be the Returning Officer at all Elections for such Mem-
bers; and in case the Mayor shall, at the Time when it shall
be necessary to execute the Powers lind Duties herein pro-
vided with respect to any Elections, be dead or absent, or other-
wise incapable of acting, the Council of such Borough shall
forthwith elect One of the Aldermen to be the Returning
Officer for such Borough, in the Place of the Mayor being so
dead, absent, or otherwise incapable.
Mayor, Aider. LXXXV. And be it enacted, That no Person elected a
?"*°'^"°*'*^" Mayor, Alderman, Councillor, Municipal Commissioner, Audi-
actuntU they ^^9 or Assessor for any Borough, or Alderman, Councillor, or
have made a Assessor for any Ward of any Borough, under the Provisions of
A**^^*tmce rf ^^^ ^^^ ^^^^^ ^ capable of acting as such, except in adminis-
Office. tering the Declaration herein contained, until he shall have

made and subscribed before any Two or more of such Alder-
men, Councillors, or Commissioners (who are hereby respec-
tively authorized and required to administer the same) a Decla-
ration in the Words or to the Effect following ; (that is to say.)

* T A*B,f having been elected Mayor [or Alderman, Councillor,

* Municipal Commissioner, Auditor, or Assessor] for the

* Borough of [or for the Ward of in

* the Borough of ], do hereby declare. That

* I take the said Office upon myself, and will duly and faithfully
< fulfil the Duties thereof according to the best of my Judgment
« and AbUity/

And in the Case of the Party being required to be qualified by
Estate,

«.And

1840. ' Municipal Carparatiangf Ireland^ Cap. 108. 751

* And I do hereby declare^ That I am seised or possessed ef

* Real or Personal Estate [or bothy as the Case may be'\ to the
^ Amount of One thousand Pounds or Five hundred Pounds

* {as the Case may require'] over and above what will satisfy my
« Debts.'

Or when a Qualification by reason of the Occupancy of a House

is allowed,

^ lliat I now occupy, and have for Twelve Calendar Months

* last past occupied, a House rated for the Relief of the Poor

* at the net annual Value of not less than Twenty-five Pounds,

* {or Pounds, as the Case may require"] situate within the

* Borough.'

And that every Alderman who shall have made and subscribed
the foregoing Declaration in respect of Estate shall, once in
every Period of Three Years, if required in Writing so to do
by any Two Members of the Council, make and subscribe a
Declaration that he is qualified to the same Amount in Real
or Personal Estate, or both, as the Case may then be, as the
Amount mentioned in the Declaration originally made or
subscribed by him ; and every Mayor, Alderman, Councillor,
Municipal Commissioner, Auditor or Assessor, who shall in
any such Declaration wilfully make a false Statement, shall be
deemed guilty of a Misdemeanor, and may be indicted and
punished (accordingly: Provided always, that nothing in this
Act contained shall be construed to dispense with the Obligation
of any Person to make and subscribe the Oath provided and
enjoined by an Act made in the Tenth Year of the Reign of
His late Majesty King George the Fourth, intituled An Act K)G.4.cr.
for the Relief of His Mcgesijfs Roman Catholic Subjects.

LXXXVl. And be it enacted. That every Person duly Every PewMi
qualified who shall be elected to the OflBce of Alderman, Coun- offi^o?>uL-
cillor, Auditor, or Assessor, and every Councillor or Alderman num, Couocil-
who shall be elected to the Office of Mayor for any Borough, lor, && and
shall accept the Office to which he shall have been so elected, ^ aWc^
or shall in lieu thereof pay to the Mayor, Aldermen, and elected to the
Burgesses of such Borough such Fine, not exceeding Fifty OificeofMayor,
Pounds in case of Aldermen, Councillors, Assessors, or Auditors, Q^i^*^™ «
and such Fine not exceeding One hundred Pounds in case of Fine to the
Mayor, as the Council of such Borough, by a Bye Law to be Borough Fund*
made as herein-after provided, shall declare in that Behalf;
and such Fine, if not duly paid, shall be levied by the Warrant
of any Justice having Jurisdiction within such Borough, who is
hereby required, on Application of the Council, to issue the
same, by Distress and Sale of the Goods and Chattels of the
Person so refusing to accept such Office, with the reasonable
Charges of such Distress, and shall also be recoverable by way
of Civil Bill in any Action of Debt, at the Suit of the Mayor,
Aldermen, and Burgesses of such Borough, in the Court of the
Assistant Barrister, Chairman, or Recorder having Jurisdiction
by way of Civil Bill within such Borough; and every such
Person so elected shall accept such Office, by making and
subscribing the Declaration herein«before mentioned within Five

3 B 3 Days

754

Acts and Pro-
ceedings of nieh
Person valid,
notwithstand-
ing his Dis-
qualification.

Penalty on Pcr«
sons conTicted
of Bribery.

Persons offend-
ing herein dis-
covering others
so offending
discharged from
Penalties.

Cap. 10& Municipal Corporationsj Ireland. 8 & 4 Vicr.

to bring such Action ; and in case the Plaintiff in any such
Action shall obtain a Verdict the Money to be recovered shall,
after Payment of the Costs and Expences attending the Re-
covery thereof, be paid and apportioned as follows ; (that is to
say,) one Moiety thereof to the Person so suing^ and the other
Moiety thereof to the Treasurer to be appointed by virtue of
this Act, to be by him applied in aid of the Borough or Town
Fund: Provided also, that all Acts and Proceedings of any
Person in Possession of the Office of Mayor, Alderman, Coun-
cillor, Commissioner, Auditor, or Assessor, and acUng as a
Mayor, Alderman, Councillor, Commissioner, Auditor, or As-
sessor, shall, notwithstanding such Disqualification or Want of
Qualification, or any other Defect or Want of Title, be as valid
and effectual as if such Person had been duly qualified or
entitled ; and no Person enrolled on the Burgess Roll for the
Time being of any Borough, and who shall act as Mayor,
Alderman, Councillor, Auditor, or Assessor in that Borough,
shall be liable to any Penalty for so acting, on the Ground
that he was not entitled to be on the Burgess List of such
Borough.

XC. And be it enacted. That if any Person who shall have
or claim to have any Right to vote in any Election of Mayor,
or of an Alderman, Councillor, Municipal Commissioner, Au-
ditor, or Assessor of any Borough or Ward, shall after tlie
passing of this Act ask or take any Money or other Reward by
way of Gift, Loan, or other Device, or agree or contract for
any Money, Gift, Office, Employment, or other Reward what-
soever, to give or forbear to give his Vote in any such Elec-
tion, or if any Person, by himself or any Person employed by
him, shall, by any Gift or Reward, or by any Promise, Agree-
ment, or Security for any Gift or Reward, corrupt or procure,
or offer to corrupt or procure, any Person to give or forbear
to give his Vote in any such Election, such Person so offending
in any of the Cases aforesaid shall for every such Offence
forfeit the Sum of Fifty Pounds, to be recovered, together with
full Costs of Suit, by any one who shall sue for the same, by
Action of Debt, Bill, Plaint, or Information, in any of Her
Majesty's Courts of Record at Dublin; and any Person offend-
ing in any of the Cases, aforesaid, being lawfully convicted
thereof, shall for ever be disabled to vote in any Election in
such Borough, or in any Municipal or Parliamentary Election
whatever in any Part of the United Kingdom, and also shall for
ever be disabled to hold, exercise, or enjoy any Office or Fran-
chise to which he then shall or at any Time afterwards may
be entitled as a Burgess or Voter of such or any other Borough,
as if such Person was naturally dead : Provided nevertheless'
that if any Person offending in any of the Cases aforesaid shal]»
within the Space of Twelve Calendar Months next after such
Election as aforesaid, discover any other Person or Persons
offisnding in any of the Cases aforesaid, so that such Person or
Persons so discovered be thereon convicted, such Person so dis-
covering, and not having been before that Time convicted of

any

1840. Municipal CcTporatimsylrdcaid. Cap. 108. 755

any such Offence, shall be indemnified and discharged from all
Penalties and Disabilities which he shall then have incurred by
any such Offence.

XCI. Provided always, and it is hereby enacted, That no No Person
Person shall be made liable to any Incapacity, Disability, Jj]J^*4c^e„
Forfeiture^ or Penalty by this Act imposed in any of the Cases pn^uUon
aforesaid, unless Prosecution be commenced within One Year commeooed
after such Incapacity, Disability, Forfeiture, or Penalty shall ^**^ ■ ^•^•
be incurred ; any thing herein contained to the contrary not-
withstanding.

XCII. And be it enacted, That all Acts whatsoever autho- Questions to be
rized or required by virtue of this Act to be done by the ^^^^^^
Council or Board of Municipal Commissioners of any Borough, coundUon
and all Questions of Adjournment or others that may come present, the
before such Council or Commissioners, may be done and decided ^T^Z^
by the Majority of the Members or Board who shall be present ^ than On/
at any Meeting held in pursuance of this Act, the whole Num- liiirdofthe
ber present at such Meeting not being less tlian One Third ^**®^ Number.
Part of the Number of the whole Council or Board ; and at
all such Meetings the Mayor or Chairman, if present, shall
preside ; and the Mayor or Chairman, or, in case of his Absence,
such Alderman or Councillor or Commissioner as the Members
then assembled shall choose to be the Chairman of that
Meeting, shall have a second or casting Vote in all Cases of
Equality of Votes ; and Minutes of the Proceedings of all such Minutes of
Meetings shall be drawn up, and fairly entered into a Book to ^^^^^^^ ^
be kept for that Purpose, and shall be signed by the Mayor, ^
Alderman, or Councillor or Commissioner presiding at such
Meeting ; and the said Minutes shall be open to the Inspection
of any Burgess or Voter at all reasonable Times, on Payment
of a Fee of One Shilling, and any Burgess or Voter shall be
at liberty at all seasonable Times to make any Copy or take any
Extract from such Book : Provided always, that previous to any Notice of
Meeting of the Council or Board held by virtue of this Act a Meetings.
Notice of the Time and Place of such intended Meeting shall
be given Three clear Days at least before such Meeting, by
fixing the s^id Notice on or near the Door of the Town Hall
of the Borough ; and such Notice shall be signed by the
Mayor or Chairman, who shall have Power to call a Meeting of
the Council or Board as often as he shall think proper ; and Meetings by
in case the Mayor or Chairman shall refuse to call any such Requisition.
Meeting after a Requisition for that Purpose signed by Five
Members of the Council or Board at the least shall have been
presented to him, it shall be lawful for the said Five Mem-
bers to call a Meeting of the Council or Board, by giving such
Notice as is herein*before required in that Behalf^ such Notice
to be signed by the said Members instead of the Mayor or
Chairman, and stating therein the Business proposed to be
transacted at such Meeting; and in every Case a Summons
to attend the Council or Board, specifying the Business pro-
posed to be transacted at such Meeting, signed by the Town
Clerk, shall be left at the usual Place of Abode of every

Member

756

Cap. 10&

Mwiieipal Corporations, IrdamL 3 & 4 Vict.

QjMTlerlj
Meetings.

Power to ap-
point Towii
Oerk, Trea-
surer, and other
Offioers, and to
take Security
for due Dis-
charge of their
official Duties.

Restricting tlie
Creation of
Officers in
Boroughs.

Member of the Council or Board, or at the Premises in respect
of which be is enrolled a Burgess or is qualified to vote as
aforesaid, Three clear Days at the lease before such Meeting ;
and no Business shall be transacted at such Meeting other than
is specified in the Notice : Provided always, that there shall
be in every Borough Four Quarterly Meetings in every Year,
at which the Council or Board shall meet for the Transaction
of general Business, and no Notice shall need to be given of
the Business to be transacted on such Quarterly Days; and
the said Quarterly Meetings shall be holden at Noon on the
First Day of November^ and at such Hour on such other Three
Days before the Twenty-fifth Day of October then next ibllow-
ing as the Council or Board at the Quarterly Meeting in
November shall decide ; and the first Business transacted at the
Quarterly Meeting in November shall be the Election of Mayor
or Chairman.

XCIII. And be it enacted, That the Council or Board of
Commissioners acting in the Execution of this Act in any
Borough in the Year in which this Act shall come into opera-
tion shall appqint, to be removeable at their Pleasure, a fit
Person, not being a Member of the Council or Board, to be
the Town Clerk of such Borough, and in every Year one otiier
fit Person, not being a Member of the Council or Boards to
be the Treasurer of the Borough, and the Council of any
Borough may also appoint fsuch other Officers as have been
usually appointed in such Borough, or as they shall think
necessary for enabling them to carry into execution the various
Powers and Duties vested in them by virtue of this Act, and
may firom Time to Time discontinue the Appointment of such
Officers as shall appear to them not necessary; and such
Council or Board shall take such Security for the due Execu-
tion of his Office by any such Town Clerk, Treasurer or other
Officer, as the said Council or Board shall think proper ; and
shall order to be paid to the Mayor, and to the Town Clerk
and Treasurer, and to every such Officer to be employed as
aforesaid, such Salary or Allowance as the said Council or Board
shall think reasonable; and in case of a Vacancy in any such
Office as aforesaid, by Death, Resignation, Removal, or other-
wise, the Council or Board of such Borough may appoint
another fit Person in the Place of the Person so making such
Vacancy ; provided that the Town Clerk and Treasurer shall
not be the same Person.

XCIV. Provided always, and be it enacted. That no Ap-
pointment of any Officer, other than such as shall usually have
been appointed in such Borough, shall be made until a State-
ment in Writing shall have been submitted by the Council to
the Lord Lieutenant, describing the Nature and proposed
Tenure of the Office about to be created, and the Reasons for
creating it, and also the Salary proposed to be paid to the
Officer when appointed, nor until the Consent of the Lord
Lieutenant to the making of such Appointment shall, sub-
sequently to the Receipt of such Statement, have been signified

by

1840. Mmic^ Corporations^ Ireland. Cap. 108. . 757

by Warrant under his Hand, ivhich Warrant shall be entered
upon the Minute Book of the Council*

XCV. And be it enacted, That every Treasurer, Town Officewto
Clerk, or other Officer appointed by the Council or Board as J|^"^^*'^
aforesaid shall at such Times during the Continuance of his the Orden of
Office, or within Three Calendar Months after the Expiration the Coanea or
of his Office, and in such Manner as the said Council or ^^"^
Board shall direct, deliver to the Council or Board, or to
such Person as they shall authorize for that Purpose, a true
Account in Writing of all Matters committed to his Charge
by virtue of this Act, or under Colour of his Office^ and also
of all Monies which shall have been by him received by virtue
or for the Purposes of this Act, or under Colour of his Office,
and how much thereof shall have been paid and disbursed, and
for what Purposes, together with proper Vouchers for such
Payments, and also a List of the Names of all such Persons as
shall not have paid the Monies due from them for the Purposes
of this Act, and of the Amount due from each of them; and
every such Officer shall pay all such Monies as shall remain
due from him to the Treasurer for the Time being, or to
such Person as the said Council or Board shall authorize to
receive the same; and if any such Officer shall refuse or Summary Rc-
wilfuUy neglect to deliver such Account, or the Vouchers re- ^U^^^
lating to such Account, or such List as aforesaid, or to make aooounting, &c.
Payment as aforesaid, or shall refuse or wilfully neglect to
deliver to the said Council or Board, or to such Person as they
shall authorize, within Three Days after bein^ thereunto re-
quired by Notice in Writing under the Hands of any Three
or more of the said Council or Commissioners, to be given to
or left at the last Place of Abode of such Officer, all Books,
Papers, and Writings in his Custody or Power relating to the
Execution of this Act, or to give Satisfaction to the said
Council or Board, or to such other Person as aforesaid,
respecting the same, then and in every such Case, upon Com-
plaint made on behalf of the said Council or Board, by such
Person as they shall authorize for that Purpose, of any such
Refusal or wilful Neglect as aforesaid, to any Justice of the
Peace for the County or other Jurisdiction wherein such Officer
so refusing or neglecting shall be or reside, such Justice is
hereby authorized and required to issue a Warrant under his
Hand and Seal for bringing such Officer before any Two
Justices of the Peace for such Countv or Jurisdiction ; and
upon the said Officer appearing, or not being found, it shall
be lawful for such Justices to hear and determine the Matter
in a summary Way ; and if it shall appear to such Justices
that any Monies remain due from such Officer such Justices
may and they are hereby authorized and required, upon Non-
payment thereof, by Warrant under their Hands and Seals, to
cause such Monies to be levied by Distress and Sale of the
Goods of such Officer; and if sufficient Goods shall not be
found to satisfy the said Monies, and the Charges of the Dis-
tress, or if it. shall appear to such Justices that such Officer

has

758 Cap. 10& Municipal Corpwatiansj IrdantL 8&4Vicr.

has refused or wilfully neglected to deliver such Account:, or
the Vouchers relating thereto, or such List as aforesaid, or that
any Books, Papers, or Writings relating to the Execution of
. this Act remain in the Hands or in the Custody or Power of
such Officer, and that he has refused or wilfully neglected to
deliver the same, or to give Satisfaction respecting the same as
aforesaid, then and in every such Case such Justices shall and
they are hereby required to commit such Offender to the
Common Gaol or House of Correction for the County or
Jurisdiction where such Offender shall be or reside, there to
remain without Bail until he shall have paid such Monies as
aforesaid, or shall have compounded with the said Council or
Board for such Monies, and shall have paid such Composition
in such Manner as they shall appoint (which Composition the
said Council or Board are hereby empowered to make and
receive), or until he shall have delivered a true Account as
aforesaid, together with such Vouchers and List as aforesaid,
or until he shall have delivered up such Books, Papers, and
Writings, or have given Satisfaction in respect thereof, to tlie
said Council or Board, or to such other Person as aforesaid, as
the Case may be : Provided always, that no Person so com-
mitted shall be detained in Prison for Want of sufficient
Distress only, for a longer Space of Time than Three Calendar
Remedy by Months: Provided also, that nothing in this Act contained
Action. shall prevent or abridge any Remedy by Action against any

such Officer so offi^nding as aforesaid, or against any Surety for

any such Officer ; but such Officer shall not be sued by Action

and also proceeded against in a summary Manner by virtue of

this Act for the same Cause*

Duties of Sbc-* XCVI. And be it enacted, That such of the Powers and

riffs performed Duties of any Mayor, Bailiff, Provost, or Portreeve of any

to cease on r^ Borough named in the said Schedules (B.) and (L) to this Act

solution of cer- annexed, or either of them, as are exercised and performed in

tain Corpora- other Places by Sheriflfs, and as are not otherwise provided

^'^ for by this Act, shall, when the Body Corporate named in

connexion with such Borough in the said Schedules shall be

dissolved by virtue of this Act, cease on the Day on which such

Body Corporate shall be dissolved.

Coroners of XCVII. And be it enacted. That the Powers and Duties

Boroughs in Qf Coroners of any Boroughs named in the said Schedule (B.)

to be diwonti- ^ ^^^ -^^^ annexed shall, when the Body Corporate named in

sued on Disso- Connexion with such Borough in the said Scheaule shall be dis-

hition of those solved by virtue of this Act, cease on the Day on which such

rporations. Corporation shall be dissolved, save as to the Persons now

authorized to act as Coroners therein, who shall continue to

act and to be paid as Coroners as if this Act had not been

passed, liable to be removed by the Court of Chancery in

Ireland in the same Manner as any Coroner in Irekmd may now

Freeholders of ^ removed by that Court

Galway to fiu XCVIII. And be it enacted. That when and so often as there
iiTthw Offi*** f ^^^ ^ *^y Vacancy in the Office of Coroner of the said
Coraoer. Borough of Galway it shall be lawful for the Freeholders of the

Town

1840. Mnnicipal Corporations^ Irehnd. Cap. I0?« 759

•

Town and County of the Town of Galway whose Names sliall
be upon the Register of Voters for that Town and County for
the Time being, to elect some fit and proper Person to be such
Coroner; and at every such Election the Sheriff, or some
Person deputed by him for that Purpose, shall be the presiding
Officer.

XCIX. And be it enacted, That every Person who shall Qerks of Mar-
have been elected or appointed by any Body Corporate named ^®*1^ Weigh-

r ^1 CI 1 J 1 *^ 1 . A "^ J t ikM nutfter appoint.

m any of the Schedules to this Act annexed, or by any Mem- cd by Corpora-
ber or Members thereof in his or their Corporate Capacity, to tioMtocontinue
be a Clerk of a Market, or a Weighmaster of all Goods, Wares, 'J^lf^'j,^^
and Merchandizes, or a Weighmaster of Butter, or Taster of had not been
Butter, or Assay Master, and shall not be entitled to such pmied.
Office as a Member of such Body Corporate in his Corporate
Capacity, shall continue to hold such Offices, and to execute
all the Duties heretofore belonging thereto, as if this Act had
not passed : Provided always, that if such Office shall be filled
up upon any Resignation or Removal made after the passing of
this Act, in such Case the Person appointed to such Office may
be removed at the Pleasure of the Lord Lieutenant, and any
Person so removed shall not be entitled to Compensation under
the Provisions of this Act

C. And be it enacted. That the Council elected under this Officcw to con-
Act in any Borough named in the said Schedule (A.) shall have ^""^^"^"^
Power to remove from his Office everj' Town Clerk, Bailiff,
Treasurer, or Chamberlain, and every other ministerial or
executive Officer of such Borough and Body Corporate, except
the Sheriff, who shall be in Office at the Time of the First
Election of Councillors under this Act ; and every such Town
Clerk, Bailiff, Treasurer, or Chamberlain, and every other
ministerial or executive Officer in such Borough, shall continue
to act in the same Capacity as heretofore, and to execute all
the Duties heretofore belonging to his Office^ and be entitled
to have the same Salaries, Fees, and Emoluments as he would
have had if this Act had not been passed, until he shall be
removed from his Office, and no longer, unless he shall be re-
appointed according to the Provisions of this Act ; and any
Commissioners acting in execution of any of the Powers of
this Act shall have Power to re-appoint to Office any Town
Clerk or Treasurer of any Borough who shall have been
deprived of Office by virtue or in pursuance of this Act; and
every Officer who shall be in Possession or Receipt of any
Monies, Goods, valuable Securities, Books, or Papers belonging
to or concerning the Borough or the Body Corporate whose
Officer he is, shall deliver up and account for the same to
the Council of such Body Corporate, or any Commissioners
acting for such Borough under this Act; and in case they or
any of them shall refuse or wilfully neglect to deliver such
Accounts, Vouchers, and Lists, or to make such Payments,
or to deliver such Books, Papers, and Writings, or to give
Satisfaction respecting the same^ as is herein-before provided
in the Case of Officers appointed by any Council or Bo^rd, they

and

760 Cap. lOa Mumcq)al Corp(n'aH(ms^ Jtreland. 3&4Vtct.

and every of them may in like Manner be proceeded against,
and shall be subject and liable to the.several Provisions herein*
before contained in Cases of Officers appointed by any Council
or Board ; and all the Charters, Deeds, Muniments, and
Records of every Borough, or relating to the Property thereofi
shall be kept in such Place as the Council or Commissioners
acting in execution of this Act from Time to Time shall direct,
and the Town Clerk for the Time being shall have the Oiarge
and Custody of and be responsible for the same ; and every
Person who shall be a Town Clerk, Bailiff, Treasurer, or
Chamberlain, or other ministerial or executive Officer of any
Body Corporate named in the said Schedule (B.) to this Act
annexed which shall be dissolved by virtue of this Act, and
who shall be in such Office at the Time of such Dissolution,
shall continue to execute all the Duties heretofore belonging
to his Office, so far as the same are not inconsistent with the
Provisions of this Act, in the same Manner as he would have
done if this Act had not been passed, until he shall be removed
from his Office by any Commissioners appointed or acting, or
to be appointed or to act, in such Borough by virtue of this
Act, or where there shall be no such Commissioners by the
Lord Lieutenant : Provided always, that nothing herein con-
tained shall extend to authorize the Removal from his Office
of the Pilot of the Town of Galioay, unless for some Cause
for which he might be removed if this Act had not been
passed, and that for any such Cause he shall be removeable
by the Harbour Commissioners; and that on any Vacancy
which shall occur in that Office the Harbour Conunissioners,
until Parliament shall otherwise provide, shall appoint a fit
Person to fill such Vacancy, or shall make such Order or Regu-
lation, whether for abolishing the said Office, or otherwise in
relation to the said Office, as shall appear to the Lord Lieu-
tenant advantageous to the Trade and Navigation of the Port
and Town of Galawy.
Reserratioii of CL And be it enacted, That all Pensions and Allowances
certain Peosioiis granted ou or before the Fifth Day of Jtme One thousand
and owanoes. ^jg|^^ hundred and thirty-five, by the Corporate Body named

in the said Schedule (A.) in conjunction with any Borough, to
any retired Officer or Servant, or to any Officer by permanent
Infirmity rendered incapable of performing the Duties of his
Office, or to the Widow or Child of any Officer or Servant, and
all Stipends and Allowances which during Seven Years next
before the said Fifth Day oijtme have been usually paid and
granted to the Minister • or late Minister of any Church or
Chapel, or to the Master or Usher of any School, or to the
Governor or Master of any Hospital within such Borough, and
all charitable Allowances which have been usually paid as afore-
said to the Inmates of any Almshouses by such Corporate Body,
shall be secured, as soon as conveniently may be after the
passing of this Act, to every Person entitled or accustomed to
have and receive the same, by Bond or Obligation under the
Common Seal of the Borough out of whose Funds the same

shall

1840* MunicgkU CorporaHonSf Ireland. Cap. lOd. 761

shall be payable, in a sufficient Penalty conditioned for the
Payment to such Person, his Executors and Administrators,
of such Pension, Stipend, or Allowance, with all Arrears
thereof, if any, accrued due before the Date of such Bond ;
and such Bond or Obligation shall be prepared and executed
at the Expence of the Borough Fund : Provided always, that
in case, since the Fifth Day of June One thousand eight hun-
dred and thirty-five, any such Pension or Allowance has been •
granted in any such Borough in conformity with established
Usage, the Town Council shall be at liberty, if under the Cir-
cumstances it shall appear just so to do, to ratify, confirm,
and continue such Pension or Allowance, and in such Case the
same shall be paid and secured in like Manner as if the same
had been granted before the said last-mentioned Day.

CIL And be it enacted. That it shall be lawful for the Power to
Council of any Borough to appoint out of their own Body ^^1**^^^
from Time to Time such and so many Committees, either ^^^
of a general or special Nature, and consisting of such Num-
ber of Persons as they may think fit, for any Purposes which
in the Discretion of such Council would be better regulated
and managed by means of such Committees : Provided always,
that the Acts of every such Committee shall be submitted to the
Council for their Approval.

CIII. And be it enacted. That on the Day on whjch any Property of Uie
Body Corporate named in conjunction with any Borough in Jj^J^'^t"*
Schedules (B.) and (L), or either of them respectively, to Ti'rtue^ofthis
this Act annexed, shall be dissolved by virtue of this Act, Act rested io
all the Manors, Advowsons, Messuages, Town Halls, ^public ^onm"^
and other Buildings, Lands, Rents, Hereditaments, Lease- 9G.4.c82.&c.
hold Estates, Groods, Chattels, Money, Debts, Stocks, Funds,
Securities, Personal Estate and Effects, and all other Property
whatsoever and wheresoever, and of what Nature or Kind
soever, of or to which any such Body Corporate, or any One
or more of the Members of such Body Corporate in his or
their Corporate . Capacity, is or are or shall be seised or
possessed or entitled for any Estate or Interest whatsoever
(except Property held in Trust for any charitable Uses or
Trusts in respect of which other Provisions are herein contained),
and all the Estate, Right, Title, and Interest of such Bodies
Corporate, Member or Members, shall be and the same are
hereby vested in the Body so incorporated in that Borough
where a Charter shall have been granted under this Act, or
in the Commissioners elected under the said Act of the
Ninth Year of King George the Fourth, or in the Commissioners
acting or to be elected in such Borough respectively in
pursuance of this Act, or in the Guardians of the Poor of
the Union in which that Borough is situate, as tlie Case may
require, subject to such Mortgages, Charges, Debts, and In-
cumbrances, Rents, Contracts, Covenants, and Conditions, as
the same respectively shall then be subject or liable to.

CIV. Provided always, and be it enacted. That the Disso- Diamlution of
lutidn of any Corporate Body under this Act shall not afiect ^^^^^**

the the Title to

762 Cap. 108. Municipal Corparaiians, Ireland. 3 & 4 Vicr,

Corponte Pro- the Title to OF Continuance of any Estate or Property of such
P®^^' Corporate Body, but such Estate and Property shall vest in

and be held by such Commissioners or such Body to be so

incorporated as aforesaid respectively, as fully and amply as

the siame might or would have been vested in or held by

such Corporate Body if such Corporate Body had not been so

dissolved.

Debts and Con- CV. And be it enacted. That every Person and Body Cor-

tracu of Cor. poratc wlio, ou the Day preceding the Day on which any Body

bToifbroed by Corporate named in conjunction with any Borough in Schedules

the Commis- (B.) and (I.) or either of them respectively, to this Act annexed,

sionen. ghall be dissolved by virtue of this Act, shall owe any Sum

of Money to such Body Corporate, shall pay the same, to-
gether with all Interest (if any) due or to accrue due for the
same, to the Body so incorporated, or to the Commissioners
acting or to be elected in such Borough in pursuance of this
Act, or to such Guardians of the Jroor, as the Case may
from Time to Time require, or their Treasurer ; and all Rents
and Sums of Money which on the same Day shall be due
and payable, or then accruing due and payable, to sucli Body
Corporate, shall become and be due and payable to the said
Body so incorporated, Commissionei's, or Guardians of the
Poor, and shall and may be collected and recovered by the
like Ways and Means, and with the same Penalties in respect
thereof, and in like Manner, as the Body Corporate to whom
the same respectively shall be due or payable might have
collected and recovered the same respectively if this Act had
not been passed; and all Conveyances, Contracts, A^rreemenis,
Bonds, Covenants, and Securities made or entered into be-
fore the Day on which such Body Corporate shall be dis-
solved, to, with, or in favour of such Body Corporate^ shall be
(so far as the same or any of them would be good, valid, and
effectual if this Act had not been passed, but not otherwise,)
good, valid, and effectual in favour of the said Body so in-
corporated. Commissioners, or Guardians of the Poor, as the
Case may be, and may be enforced in the same Manner, to
all Intents and Purposes, as such Body Corporate might have
enforced the same if this Act had not been made.
Property Tested CVI. And be it enacted, That every Person and Body Cor-
*? **** CommU- porate who, on the Day preceding the Day on which any
be su^ect to Body Corporate named in conjunction with any Borough in
Claims of Cre- Schedules (B.) and (I.), or either of them respectively, to
A*°S>*^**^ this Act annexed, shall be dissolved by virtue of this Act,
tion& ''^****' ^^^^ claim to be entided, or would thereafter if this Act had

not been passed have become entitled, to any Sum of Money
owing from or payable by such Body Corporate, or shall claim
any Part of the Property of such Body Corporate in respect
of any Mortgage, Charge, Conveyance, Contract, Agreement,
Bond, Covenant, or Security which shall have been made or
entered into with or in favour of him or them by such Body
Corporate before the same Day, shall and may recover or
enforce the same as against the Property of such Body Cor-

5 porate

1840. Municipal Corporatums, Ireland. Cap. 108. 763

porate respectively by this Act vested in the said Body so in-
corporated, Commissioners, or Guardians of the Poor, by the
same Actions, Suits, Remedies, or Proceedings against the said
Body so incorporated. Commissioners, or Guardians of the Poor,
and in the same Manner, as he or they respectively might
have recovered or enforced the same against such Body Corpo-
rate respectively if this Act had not been made ; but the Costs
of the said Body so incorporated, Commissioners or Guar*'
dians of the Poor, in any such Actions, Suits, Remedies, or
other Proceedings, shall be raised and paid out of the Property
of such Body Corporate respectively hereby vested in them,
in preference to any Sum of Money, Costs, Damages, or
Expences, Claim or Demand, in favour of any such Person or
Body Corporate claiming as aforesaid: Provided always, that
no Action or Suit, or Right of Action or Suit, Right of Entry,
Possibility, Claim, or Demand, present or future, vested or
not vested, by or against, of or for, any such Body Corporate,
Commissioners, or Guardians of the Poor, nor any Proceeding
to which such Body Corp6rate, Commissioners, or Guardians
of the Poor shall be Parties or Privies, shall abate, be discon-
tinued, or affected by any Dissolution, Transfer of Right or
Estate, or other Matter or Thing happening by reason of any
of the- Provisions of this Act, but that in every such Action,
Suit, or Proceeding an Entry or Suggestion as of Record shall
be made of the Event so happening under this Act, from Time
to Time, and thereupon such Action, Suit, or Proceeding
shall be carried on by or against such Commissioners, Guar-
dians of Uie Poor, or Body so incorporated, as fully as if no
such Dissolution, Transfer of Right or Estate, Matter or Thing,
had happened.

CVII. And be it enacted. That it shall be lawful for any Commmionera,
Commissioners, Guardians of the Poor, or Body so incorpo- ^ iirin^Id"^
rated in any. Borough, to commence and prosecute any Ac- defend Actions,
tions, Suits, or Proceedings for collecting and recovering the andcompromiae
Property of the Body Corporate named in the said Sch^ules ^^^j^n^J^
(B.) and (L), or either of them respectively, to this Act an-
nexed, in conjunction with such Borough respectively, and to
discontinue or compromise any such Action, Suit, or Proceed-
ing, and to allow any Time which they may think proper for
Payment of any Money due and owing to them in respect there-
of, and also to pay any Debt or Sum of Money claimed to be
due from any such Body Corporate, and to be payable out of
such Property, upon any Evidence which they may think proper
to admit, and to defend or compromise any Action, Suit, or
other Proceeding which may be brought against them by virtue
of this Act, and to adjust and settle any Account or Accounts
depending between such Body Corporate and any Person or
any other Body Corporate, and to submit to Arbitration any
Difference between such Body Corporate, or the said Commis-
sioners, Guardians of the Poor, or Body so incorporated, and
any other Person, relating to the Property of such Body Corpo-
rate, and abide by and perform the Award of any Arbitrator
[No. 49. Price ScL] 3 C respecting

794 Cap. 108. Municipal Carporaiiongf Ireland. 3 & 4 ViCT.

respecting the same^ and to do, perform, and execute all such
Deeds and lliin^ as they the said Commissionersy Guardians
of the Poor, or Body so incorporated respectively shall think
expedient for ascertaining and collecting in the most advan-
tageous Manner the Property vested in them by virtue of tliis
Act» and settling all Claims and Demands relating thereto:
Provided always, that the Guardians of the Poor shall not
commence, prosecute, or defend any such Action, Suit, or Pro*
ceeding without the Sanction of the Poor Law Commissioners.
OofiimicrioiMn CVIIL And be it enacted. That the said Commissioners of
tokeq>an every Borough shall cause an Account to be kept of the Pro-
Fn^pKrtToftlM p^ty belonging to the Body Corporate named in the said
Corporation, Schedule (B.) to this Act annexed in conjunction with such
^nlSSfr^ Borough, and vested in such Commissioners by virtue of
Fund of the ^^^ ^^^ ^^^ of all Rents, Profits, Revenue, Income, and Sums
Town. of Money to be received in respect thereof or produced tliere-

from, and of the Application and Appropriation thereof; and
the Property comprised in every such Account (which shall
include the Purchase Monies of the Advowsons herein-after
directed to be sold) shall be called the Town Fund of the
Borouffh for which such Commissioners respectively shall have
been daosen ; and all Sums of Money received by the Treasurer
of such Commissioners in respect of the Property comprised in
every such Account shall, when the same shall not be directed
by the said Commissioners to be immediately applied to any
other Purpose, be paid into the Bank of Ireland in the Name
of the Treasurer of such Commissioners to an Account to be
called the Account of the Town Fund of the Borough of which
the same shall form Part
Commlwonen, CIX. And be it enacted. That the said Commissioners of
ftctopmyDebu every Borough, or the Guardians, as the Case shall be, shall
ponti!^. ^' ^^^^ ^^ convenient Speed pay or make due Provision for Pay-
ment out of the Town Fund of such Borough, or out of
the Corporate Property or Funds vested in the Guardians
under this Act, of the Outgoings, Rates, and Charges payable
in respect of the Property therein comprised, and of all
Charges and Incumbrances payable thereout, and of all Debts,
Annuities, Pensions, Allowances, and Sums of Money payable
by the Body Corporate to whom the Property comprised in
such Town Fund shall have belonged.
Commiasioner?, CX. And be it enacted, That it shall be lawful for the
frcromy insure gaid Commissioners of every Borough, or, with the Consent
Buildin^d ^f ^ijg poQp La^ Commissioners, for the Guardians, as the
Tenues. Casc shall be, from Time to Time to cause any Repairs to

be made to any Buildings or Premises which they may think
expedient, and to insure any Buildings from Loss or Damage
by Fire, and pay the Expences of such Repairs and Insu-
rances out of the said Town. Fund, and also , to cause to be
invested in their Names, or in the Name of their Treasurer,
any Monies forming Part of any such Town Fund, in any
Stocks, Funds, or Securities, and alter and vary such Stocks,
' Funds, and Securities, as they shall think proper, and in all

other

1840. Municipal Corporationsj Irdand. Gip. lOS. 76$

other respects manage the Property comprised in every or any
such Town Fund, and invest or dispose of the same and all
Revenues thereof in such Manner as they shall think most
advantageous.

CXI. And be it enacted, That it shall be lawful for the said Commwioners,
Commissioners of any Borough, or the Guardians, as the Case ^^^^^^^^
shall be, to appropriate and settle any Town Hall, Police Office, Bufldings to
or other public Building in any Town forming Part of the public Pur-
Town Fun4 of such Ejprough respectively, for the Purposes of ^J^^^^^Jg
a Court for the holding of Quarter Sessions, or a Court of Towiu.
Record for Civil Actions, or a Court of Conscience, or Police
Station, or other public Use for the Benefit of the Inhabitants
of such Borough.

CXIL ^ And whereas it is expedient 'that the Administration charitable
* of any Real or Personal Estate of which any Body Corporate Trustees.

< now stands seised or possessed, in Trust as to the whole or
' in part for certain charitable Trusts, be kept distinct from

< that of the Public Stock and Borough Fund ;' be it enacted.
That in every Borough in which the Body Corporate, solely,
or together with any One or more of the Members of such
Body Corporate in his or their Corporate Capacity, or with
any Person or Persons elected from among or out of the
Members or any of the Members of such Body Corporate, or
any Person or Persons elected solely by such Body Corporate,
or solely by any particular Number, Class, or Description of
Members of such Body Corporate, now stands seised or pos-
sessed, for any Estate or Interest whatsoever, of any Heredita-
ments, or any Sums of Money, Chattels, Securities fojr Money,
or any other Personal Estate whatsoever, in whole or in part,
in Trust or for the Benefit of any charitable Uses or Trusts
whatsoever, or is or are empowered to direct the Application
of the Rents, Profits, or Produce of any Hereditaments, or
any Sum or Sums of Money, Chattels, Securities for Money,
or other Personal Estate whatsoever, for any charitable Pur-
pose, all the Estate, Right, Interest, and Title, and all the
Powers of such Trustee or Trustees, shall, on the Day 'on
which this Act shall come into operation in any such Bo-
rough, be vested in the Persons who shall on the same Day
have been the Mayor, Aldermen, and Common Council, or .
other governing Officers of such Body Corporate, alone, or to-
gether with the Person or Persons who shall have been seised
or possessed of or entitled to exercise the same together with
sucli Body Corporate, (as the Case may be,) and shall continue
vested in such Persons until the First Day of October in the
Year One thousand eight hundred and forty-one, or until Par-
liament shall otherwise order; and if any Vacancy shall be
occasioned among such charitable Trustees for any Borough
before any other Provision shall be made by Parliament, it shall
be lawful for the Lord Chancellor of Ireland then for the Time
being, upon Petition, in a summary Way to appoint a fit
Person to be Trustee to supply such Vacancy; and all the

3 C 2 Estate,

768 Cap. 108. Mimicipal\Corporaiions, Ireland. 3 & 4 Vict.

Estate, Right, Interest, and Title, at Law and in Equity, of and
in such Trust Estates, Hereditaments, and Premises shall forth-
with, without any Conveyance or Assignment thereof, pass to
and be vested in the Trustee so appointed, jointly with the other
Trustee or Trustees; and if Parliament shall not otherwise
direct on or before the said First Day of October^ the Lord
Chancellor then shall make such Orders as he shall see fit for
the Appointment of a Trustee or Trustees, and the Adminis-
tration of such Trust Estate, subject to such charitable Uses or
Trusts as aforesaid ; and thereupon the Trustee or Trustees so
appointed shall come in the Room of the Persons heretofore
named or continued as Trustees, and all the Estate, Right, In-
terest, and Title, at Law and in Equity, of and in such Trust
Estates, Hereditaments, and Premises shall forthwith, without
any Conveyance or Assignment thereof, pass to and be vested in
the Trustees so appointed by the Lord Chancellor : Provided
always, that where any Hereditaments, or any Sums of Money,
Debts, or Securities for Money, or any other Personal Estate,
held upon any charitable Uses or Trusts as aforesaid, or any
Part thereof, shall be exclusively applicable to or towards the
Establishment, Maintenance, or Support of Religious Education
or Religious Worship according to the Principles of the Pro-
testant Church of the United Kingdom of Great Britain and
Ireland^ or for the Benefit of any Person or Persons of any
other Religious Class or Denomination of Her Majesty's Sulx-
jects, no Person except a Member of the said United Church,
or, as the Case may be, who shall not profess the Principles of
such other Religious Class or Denomination for the promoting
of whose Education or Worship or for whose Benefit any such
Property as aforesaid may be applicable, shaH be appointed by
the Lord Chancellor to be a Trustee of such Hereditaments or
Personal Estate, or any Part thereof; and if any Person who
shall be appointed such Trustee shall at any Time thereafter
become a Convert to or profess the Religious Principles of any
Class or Denomination different from the Religious Principles
of the Class or Denomination for the promoting of whose Edu-
cation or Worship or for whose Benefit any such Property as
aforesaid may be applicable, he shall thereupon be removed
from being such Trustee by the Lord Chancellor, for whom
it shall be lawful, upon Petition, in a summary Way, to appoint
a fit Person to be a Trustee to supply such Vacancy; and all
his Estate, Right, Titlej and Interest, Power and Authority,
in, to, over, and upon such Real and Personal Estate shaJl
thereupon vest, in like Manner as if he had died, in the
Trustee so appointed jointly with the other Trustee or Trus-
tees: Provided always, that no Use or Trust for cleansing,
lighting, paving, or supplying with Water any City, Town, or
Borough shall be deemed a charitable Use or Trust within the
Meaning of this Enactment : Provided also, that nothing here-
in contained shall extend or be construed to extend to the
• President and Assistants of the CharitaWo Society of Belfistj

2 or

1840. Municipal Corporations, IrdaruL Cap. 108. 767

or to the Hospital and Free School of King Charles the Second,
DMiiiy commonly called the Blue Coat Hospital, or to any Real
or Personal Estate belonging thereto.

CXIIl. * And whereas by Letters Patent of King Charles Standing Oo-

* the Second, bearing Date the Fifth Day of December in the STe°c<^*''*

* Tweniy-third Year of His Reign, the Lord Mayor, SherifiFs, Hospital, Dub-
< Commons, and Citizens of the City of Dublin^ and their Sue- Hn, at the Time

* cessors, are constituted a Body Politic and Corporate, by the ®^**J" 4*'

* Name of " The Grovernors of the Hospital and Free School operation, to be

* of King Charles the Second, Dublin : " And whereas the constituted »

* Government, Management, and Direction of the said Hospital ^[^^*j£^'*"

* and Free School are now exercised by Sixty-one standing i^rd Mayor,
^ Governors (whereof Four are the Treasurer for the Time Sherifl»,&c.

* being and Three other Governors of the Schools founded by

* Erasmus Smith Esquire, appointed by the Governors of the

* said last-mentioned Schools, in pursuance of an Act of the

* Parliament of Ireland made in the Tenth Year of the Reign

* of King George the First) :' Be it enacted, That from and
immediately after this Act shall come into operation in the said
City of Dublin the Persons who at that Time shall be the
Governors of the said Hospital, and the Survivors of them, and
their Successors, to be appointed in manner hereinWter men-
tioned, shall be and they are hereby constituted a Body Politic
and Corporate, by the aforesaid Name of " The Governors of
the Hospital and Free School of King Charles the Second,
Dublin^'* in the Place and Stead of the said Lord Mayor,
Sheriffs, Commons, and Citizens of the said City of Dublin,
who shall no longer be such Body Politic and Corporate, in
like Manner, to all Intents and Purposes, as if the said Sixty-
one Persons, and the Survivors of them, and their Successors,
had been the Persons appointed by virtue of the said Letters
Patent instead of the said Lord Mayor, Sheriffs, Commons,
and Citizens, and all and singular the Hereditaments, Sums of
Money, Chattels, Securities for Money, and other Personal
Estate of the said Body Corporate, constituted by the said
Letters Patent, and all the Estate, Right, Interest, and Title,
and all the Rights, Powers, Privileges, and Immunities of such
Body Corporate, and all Rights ot Action and Suit vested in
such Body Corporate, shall be and are hereby vested in the
Body Corporate hereby constituted in the Place and Stead
thereof; and the Body Corporate hereby constituted shall be
subject to the same Liabilities, and governed according to the
same Regulations, as the Body Corporate appointed by the
said Letters Patent shall be subject to and governed by : Pro-
vided always, that the Treasurer for the l*ime being, and Thi^ee
other Governors of the Schools founded by the said Erasmus
SmiAj such as the Governors of the said Schools shall from
Time to Time choose and appoint, shall and they are hereby
declared to be standing Governors of the said Hospital, in like
Manner as by the said Act of the Tenth Year of the Reign of
King George the First they were made Governors of the said
Hospital : Provided also, that the Governors of the said Hos-

0 C 3 pital

768

FourGoTemora
of the Blue
Coat Hoepital
to be appointed
Governon of
Erasmiui
Sinith*a Scbooli
in place of the
Lord Mayor,
Recorder, &c.

Corporatiun to
execute Trusts.

Trusts produc-
ing ^loney to
be eiecuted by
Trustees ap*

Cap. 108. Mumcipal Corporations^ Ireland. 3 & 4 Vicr.

pital hereby conBtituted shall never consist of lees than l^fty,
and that when and so often as any of the Grovemors hereby
appointed, or to be appointed as herein-after is mentioned,
(other than the said Treasurer and Three other Governors of
the said Schools founded by the said Erasmus Smithy) shall
depart this Life, then it shall be lawful for the Lord Archbishop
of Armagkj the Lord Chancellor of Ireland^ the Lord Arcb-
bishop of Dublin^ and the Lord Bishop of Meathj for the Time
being, or the major Part of them, and they are hereby em-
powered, by Writing under their Hands and Seals to appoint
One or more Person or Persons in the Place or Places and as
a Successor or Successors of the deceased Governor or Go-
vernors, or any of them, so as to make up, with the surviving
Governors, the Number at the least of Fifty Governors, in-
eluding the said Treasurer and Three other Governors of the
said Schools founded by the said Erasmus SmiA; and every
Person so appointed a Governor shall be a Governor jointly with
the surviving Governors for the Time being, and shall have the
same Powers and Authorities as if he had been appointed a
Governor by this Act

CXIV. And be it enacted. That from and immediately after
this Act shall come into (^ration in the ^id City of Dublin
so much of the said Act of Parliament passed in the Tenth
Year of the Reign of King George the First as provides that
the Lord Mayor and Recorder of the City of DuUxn^ then
and for the ,Time being, and Two of the Aldermen of the
said City, such as the Governors of the Schools founded
by Erasmus SmiA Esquire should from Time to Time select
and appoint, should for ever thereafter be standing Governors
of the said Schools, shall be and the same is hereby repealed ;
and that Four of the Governors for the Time being of the
said Hospital and Free School of King Charles the Second,
Dublin^ such as the Governors of the said Schools founded by
Erasmus Smith shall from Time to Time select and appoint,
shall for ever thereafter be standing Governors of the said
Schools founded by the said Erasmus SmiA.

CXV. And be it enacted, That from and after the Time
when this Act shall come into operation in any Borough the
Body Corporate of such Borough shall be Trustees for exe-
cuting by the Council of such Borough the Powers and Pro-
visions of all Acts of Parliament made before the passing of
this Act, (other than Acts made for securing charitable Uses
and Trusts, or Acts relating to profitable Trusts for Share-
holders or Proprietors, with respect to which Provision is
herein-after made,) and of all Trusts (other than charitaUe
Uses and Trusts) of which the Body Corporate, or any Member
or Members of the said Body Corporate in their Corporati? Cs-

Scity, was or were sole Trustees before the Time of the Fiist
ection of Councillors in such Borough under this Act
CXVL And be it enacted. That in every Case in whieh
any Body Corporate named in any Schedule to this Act an-
nexed, or any Person or Persons elected by any such Body

Corporate^

1840. MmicijKd Onporatimiy IrdofuL Cap» 10& 769

Corporate^ is or are Trustee or Trustees authorized to exercise pobited by the
any Powers or Provisions of any Acts of Parliament for any j^^ ChMod-
Purpose producing Profits which,, or Part of which, is or are
to be divided between Shareholders or Proprietors for their own
Benefit, then the Powers and Provisions of all such Acts shall,
from and after the Time when this Act shall come into operiH
tion, until Parliament shall otherwise provide, be executed by
such Trustees as the Lord Chancdlor ot Ireland shall, by Order
to be from Time to Time made upon Petition in a swnmary
Way, appoint and select, rerard being had in such Appointment
to Uie Rights of the several Pkrties interested ; and thereupon
all the Estate^ ^JS'^^ Interest, and Title, at Law and in Equity,
of the existing Trusteesb shall forthwith, without any Con-
veyance or Assignment thereof, pass to and become vested in
the Trustees so iq>pointed ; provided also, that it shall be lawful
for the Corporate Body of any such Borough, by their Council
or any Committee appointed by the Council, to purchase, with
the Consent of the respective Shareholders, for the Benefit of
the Inhabitants of such Borough, any of the said Shares not
now held by the Body Corporate of such Borough^ and to pay
for the same out of die Borough Fund; and if at any Time it
shall happen that the Body Corporate of such Borou^ shall
become possessed of the whole of the Shares of such Q>ncem
or Undertakings all the Pbwers, Bights, and Estates and Inte-
rests hereby vested in such Trustees shall revert to the Body
Corporate of such Borough, to be exercised by their Council or
any Committee appointea by the Council, for the Benefit of the
Inhabitants of the said Borough ; and thereafter no further Ap-
pointment of Trustees shall be made under the Provisions
herein-before contained.

CXVIL And be it enacted. That from and after the Time ^^^^^
when this Act shall come into (^ration in any Borough in Kumberof
which any Member of the Body Corporate, or any Person CouneOlora to
elected from among or out of the Members of such Body Cor- *» J«nt Tru»-
porate^ or any Person elected by such Body Corporate, or a Purpoleii
particular or limited Number, Class, or Description of Mem-
bers of the Body Cornorate, shall be^ when this Act shall so
come into operation. Trustee, solely, or jointly with any other
Trustee, for the Execution of any Act of Parliament, or of any
Trust other than any Act or Trust for which any other Pro-
vision is herein-before made^ or by any Statute, Charter, Bye
Law, or Custom, shall be, when this Act shall so come into
operation, lawfully appointed to or authorized to exercise any
Powers, Duties, or Functions whatsoever not otherwise herein
provided for, and the Continuance of which is not inconsistent
with the Provisions of this Act, such Acts, Trusts, Powers,
Duties, and Functions shall, after this Act shall have come into
operation, be executed by the Person who shall hereafter cor-
respond in Office with the Person by whom the same ought
to be executed before this Act shall come into operation ; and
in case there shall be no such Person, then the Council of the
Body Corporate shall, by Writing under the Seal of the Body

3 C 4 Corporate,

770 Cap. 108. Mmidpd Corporatim$^ Irdand. 3&4ViCT.

Corporate, appoint the Person who in their Judgment shall most

nearly correspond with 'such Person, to execute such ActSi

Trusts, Powers, Duties, and Functions ; and every Terson so

appointed is hereby authorized and empowered to execute the

same as fully as the Person by whom the same ought to be

executed before this Act shall come into operation, until the

Appointment of another Person in his Room, as herein-after

Saving FroTi- provided: Provided always, that all Powers and Trusts not

rions of Local otherwise herein provided for, which by any Act of Parliament

inScbdiuieTB.) ^^ Otherwise are vested in or exercised by any Body Corporate

nam^d in the said Schedule (B.), which shall be dissolved by
. virtue of this Act, or any Member or Members thereof in his
or their Corporate Capacity, or any limited Number, Class, or
Description thereof or any Person or Persons elected from
among or out of the Members of such Body Corporate or any
of them, or any Person or Persons elected by such Body
Corporate or any Member or Members thereof, shall, upon the
Day on which such Body Corporate respectively shall be dis-
solved, and thenceforth until the Grant of a Charter of Incorpo-
ration as herein-before directed, and the Election of a CoudcU
thereunder, or until Parliament shall otherwise provide^ be
exercised in manner herein-after mentioned ; (that is to say,)
such of the said Powers as relate to the Appointment of Justices
of the Peace or Magistrates, or to the Appointment of other
Officers for the Administration of Justice, or in any wise relating
thereto, or to the Appointment of Constables or other Persons
for Purposes relating to Police, shall be exercised by the Lcnnd
Lieutenant as if he had been named in such Act of Parliament
respectively, instead of such Body Corporate, or Member or
Members, Person or Persons ; and all other of the said Power%
not otherwise herein provided for, shall be exercised albne, or
together with such other Persons (if any) as would have been
entitled to join in exercising the same if this Act had not been
Other Corpo- passed, by the said Commissioners : Provided also, that in
Mtionsof ^ch every Case in which any Body Corporate named in the said
^rote HMned'" Schedule (B.) to this Act annexed which shall be dissolved by
in the Schedule, virtue of this Act, or any One or more of the Members of
M*"b«L*? ^^^^ Body Corporate in his or their Corporate Capacity, or
Fa^tobe^- ^^7 limited Number, Class, or Description of the Members
tinued. thereof, or any Person or Persons elected from among or out

of the Members of such Body Corporate, or any Person or Per-
sons elected by any such Body Corporate or any Member or
Members thereof, is any other Body Corporate, or Part of, or
is or are a Member or Members of» any other Body Corporate
for any charitable or public or other Purpose, such other
Body Corporate shall continue in force as if this Act -had
not been passed ; and on die Day of the Dissolution of such
Body Corporate respectively, and thenceforth until the Grant
of Charter of Incorporation as herein-before directed, and the
Election of a Council thereunder, or until Parliament shall
otherwise provide, where any Body Corporate named in the
said Schedule (R) to this Act annexed is such other Body

Corporate

1840. Municipal CorpcratioM, Ireland. Cap. lOa 771

Corporate or Part thereof, then, instead of such Body Corpo-
rate, the said Commissioners, where there shall be such Com-
missioners, shall be Members of such Body Corporate: Pro-
vided always, that nodiing herein contained shall extend to
transfer to the Galwajf Town Commissioners the Powers vested
in the Commissioners of the Harbour of that Town.

CX VIII.' And be it enacted, That in every Case in which Ebction of
any such Person as aforesaid is, in pursuance of any such f«*»"Tn«*eM.
Statute, Charter, Bye Law, Custom, Deed, Will, or otherwise,
elected or appointed for a definite Term of Years or other
shorter Term, then, on the Day or Time named in such Act,
Charter, Bye Law, Deed, or Will as last aforesaid for a new
Election, Nomination, or Appointment of Trustees, or on
which such new Election, Nomination, or Appointment has
usually been made, and if he shall have been so elected or
appointed for Life or for an indefinite Period, or if there
shall be no such Day named or usually observed, then upon
the First Day of Jamuay in every Year, some other Person, or
the same, if re^ligible, shall be elected as nearly as may be in
the like Manner as the Person ceasins to be Trustee, or ceasing
to exercise such Powers, Duties, and Functions, and in whose
Room he shall be appointed ; and in every Case of extraordinary
Vacancy among such Trustees or Persons another Person shall
be elected to supply such Vacancy, in like Manner as nearly
as may be as such extraordinary Vacancy would have been sup-
plied before this Act shall have so come into operation as
aforesaid; or where such Vacancy cannot be supplied in such
or the like Manner, the Council shall forthwith appoint a
Person in the Room of the Person by whom such Vacancy has
been made ; and every Person appointed to supply an extraor^
dinary Vacancy shall hold his Trust or Office for such Time as
the Person by whom such Vacancy has been made would
regularly have held it

CXIX. And be it enacted, That, notwithstanding any thing Pment Thu-
in this Act contained, every Member of any Body Corporate, 5Sa°«»Sl!!!2d
or of any particular Number, Class, or Description of Mem- for « definite
bers of such Body Corporate, or any Person elected from among Tenn.
or out of the Members of such Body Corporate or any of them,
or any Person elected by any particular Number, Class, or
Description of Members of such Body Corporate, who at the
Time of the passing of this Act shall be for a definite Number
of Years or other shorter Time a Trustee of such Acts or Trusts
as last aforesaid, shall continue to he such Trustee until the
Time when he would have ceased to be such Trustee if this Act
had not been passed, and if a Trustee for an indefinite Time, or
for Life, or for so long as he shall be a Member, or of a par-
ticular Class or Description of such Body Corporate, then until
tlie First Day of i/a^itcofy in the Year following that in which
this Act shall come into operation in that Borough, and no
longer ; and every Member of the Council appointea under the
Provisions of this Act to be a Trustee of such Acts or Trusts as
last aforesaid shall continue to be such Trustee until the Time

herein

770 Cap. 108. Municipal Corporations^ Ireland. 3 & 4 Vict.

Corporate, appoint the Person who in their Judgment shall moet

nearly correspond with 'such Person, to execute such Acts»

Trusts, Powei*s, Duties, and Functions ; and every Tenon so

appointed is hereby authorized and empowered to execute the

same as fully as the Person by whom the same ought to be

executed before this Act shall come into operation, until the

Appointment of another Person in his Room, as herein-after

Saving ProTi- provided: Provided always, that all Powers and Trusts- not

rions of Local otherwise herein provided for, which by any Act of Parliament

inScbrfuleTB.) ^^ Otherwise are vested in or exercised by any Body Corporate

nam^d in the said Schedule (B.), which shall be dissolved by
.virtue of this Act, or any Member or Members thereof in his
or their Corporate Capacity, or any limited Number, Class, or
Description thereof, or any Person or Persons elected from
among or out of the Members of such Body Corporate or any
of them, or any Person or Persons elected by such Body
Corporate or any Member or Members thereof, shalU upon the
Day on which such Body Corporate respectively shall be dis-
solved, and thenceforth until the Grant of a Charter of Incorpo-
ration as herein-before directed, and the Election of a Council
thereunder, or until Parliament shall otherwise provide^ be
exercised in manner herein-after mentioned ; (that is to say,)
such of the said Powers as relate to the Appointment of Justices
of the Peace or Magistrates, or to the Appointment of other
Officers for the Administration of Justice, or in anywise relating
thereto, or to the Appointment of Constables or other Persons
for Purposes relating to Police, shall be exercised by the Lord
Lieutenant as if he had been named in such Act of l?arliament
respectively, instead of such Body Corporate, or Member or
Members, Person or Persons ; and all other of the said Powers
not otherwise herein provided for, shall be exercised atone, or
together with such other Persons (if any) as would have been
entitled to join in exercising the same if this Act had not been
Other Corpo^ passed, by the said Commissioners : Provided also, that in
^^BoA^Co^ every Case in which any Body Corporate named in the said
^rate nLied*^* Schedule (B.) to this Act annexed which shall be dissolved by
in the Schedule, virtue of this Act, or any One or more of the Members of
M*"bCTi*? ^"^^ Body Corporate in his or their Corporate Capacity, or
Part, to be con- ^^J limited Number, Class, or Description of the Members
tinued. thereof, or any Person or Persons elected from among or out

of the Members of such Body Corporate, or any Person or Per-
sons elected by any such Body Corporate or any Member or
Members thereof, is any other Body Corporate, or Part of, or
is or are a Member or Members of, any other Body Corporate
for any charitable or public or other Purpose, such other
Body Corporate shall continue in force as if this Act had
not been passed ; and on the Day of the Dissolution of such
Body Corporate respectively, and thenceforth until the Grant
of Charter of Incorporation as herein-before directed, and the
Election of a Council thereunder, or until Parliament shall
othei*wise provide, where any Body Corporate named in the
said Schedule (B.) to this Act annexed is sucii other Body

Corporate

1840. Municipal Carporatiansj Irebmd. Cap. lOa 771

Corporate or Part thereof then, instead of such Body Corpo-
rate, the sud Commissioners, where there shall be such Com-
missioners, shall be Members of such Body Corporate: Pro-
vided always, that nothing herein contained shall extend to
transfer to the Gahoay Town Commissioners the Powers vested
in the Commissioners of the Harbour of that Town.

CX VIIIJ And be it enacted, That in every Case in trhich Election of
any such Person as aforesaid is, in pursuance of any such fi»*««TnMie«.
Statute, Charter, Bye Law, Custom, IXeed, Will, or otherwise,
elected or appointed for a definite Term of Years or other
shorter Term, then, on the Day or Time named in such Act,
Charter, Bye Law, Deed, or Will as last aforesaid for a new
Election, Nomination, or Appointment of Trustees, or on
which such new Election, Nomination, or Appointment has
usually been made, and if he shall have been so elected or
appointed for Life or for an indefinite Period, or if there
shall be no such Day named or usually observed, then upon
the First Day of January in every Year, some other Person, or
the same, if re^ligible, shall be elected as nearly as may be in
the like Manner as the Person ceasing to be Trustee, or ceasing
to exercise such Powers, Duties, and Functions, and in whose
Room he shall be appointed ; and in every Case of extraordinarv
Vacancy among such Trustees or Persons another Person shall
be elected to supply such Vacancy, in like Manner as nearly
as may be as such extraordinary Vacancy would have been sup-
plied before this Act shall have so come into operation as
aforesaid ; or where such Vacancy cannot be supplied in such
or the like Manner, the Council shall forthwitli appoint a
Person in the Room of the Person by whom such Vacancy has
been made ; and every Person appointed to supply an extraor-
dinary Vacancy shall bold his Trust or Office for such Time as
the Person by whom such Vacancy has been made would
regularly have held it.

CXI A. And be it enacted, That, notwithstanding any thing Fftient TVas-
in this Act contained, every Member of any Body Corporate, 5!rtt*cc^ued
or of any particular Number, Class, or D^ription of Mem- for a deBnite
bers of such Body Corporate, or any Person elected from among Term,
or out of the Members of such Body Corporate or any of them,
or any Person elected by any particular Number, Class, or
Description of Members of such Body Corporate, who at the
Time of the passing of this Act shall be for a definite Number
of Years or other shorter Time a Trustee of such Acts or Trusts
as last aforesaid, shall continue to he such Trustee until the
Time when he would have ceased to be such Trustee if this Act
had not been passed, and if a Trustee for an indefinite Time, or
for Life, or for so long as he shall be a Member, or of a par-
ticular Class or Description of such Body Corporate, then until
tlie First Day otJofuuay in the Year following that in which
this Act shall come into operation in that Borough, and no
longer ; and every Member of the Council appointea under the
Provisions of this Act to be a Trustee of such Acts or Trusts as
last aforesaid shall continue to be such Trustee until the Time

herein

772

Towen vested
in certain Trus-
tees may be
transferred to
CoonciUora*

ProTiaion for
additional Con-
stabulary Force.

Cap. 108. Municipal CarpcraHoMf HtUauL S & 4 Vict.

herein provided for the new Appointment of a Member of the
Council to be Trustee in his Hoora, notwithstanding that he
may have ceased to be a Member of the Council; and in
case any particular Officer of any of the said Bodies Corporate
shall have been appointed by any Act, Charter, Bye Law, Deed,
Will, or Custom as aforesaid, to perform during a definite
Number of Years or other shorter Time any specific Trusts,
Powers, Duties, or Functions whatsoever, the Person who at
the Tfme of the passing of this Act shall be the Person de-
signated and qualified to perform the same sliall continue to
perform the same until the Time when he would have ceased to
perform the same if this Act had not passed; and if appointed
for an indefinite Time, or for Life, or for so long as he shall be
a Member, or of a particular Class or Description of such Body
Corporate, tlien until the last-named First Etey of January^ and
no longer.

CXX. ^ And whereas it may be expedient that the Powers
now vested in the Trustees appointed under sundry Acts of
Parliament for paving, or lighting or cleansing, or suppljring
with Water, or improving certain Boroughs, or certain Parts
thereof, save and except as herein-after mentioned, should be
transferred to and vested in the Councils or Commissioners
of such Boroughs respectively;' be it enacted, lliat the
Trustees appointed by virtue of any such Act as last aforesaid,
wherein the Trustees, or the Persons whose Trustees they may
be, are not beneficially interested, or the greater Part of such
Trustees for the Time being, may, if it shall seem to them
expedient, at a Meeting to be called for that PuqM>se, transfer
in Writing all the Powers vested in them as such Trustees by
any such Act or Acts as aforesaid to the said Body Corporate
of such Borough, or to the Commissioners acting under this
Act for such Borough (as the Case may be) ; and the said Body
Corporate or Commissioners of such Borough shall thenceforth
be Trustees for executing by the Council of such Borough, or
by the Board of Commissioners, (as the Case may be,) the
several Powers and Provisions of any such Act or Acts of Par-
liament ; and the Members of the Council, or the Commis-
sioners, (as the Case may be,) shall have the same Powers, and
be subject to the same Duties, as if their Names had been origi-
nally inserted in such Act or Acts (or as if they had been elected
under the Provisions of any such Act or Acts) as such Trustees
jespectively : Provided always, that nothing herein contained
shall extend to. enable the Commissioners for paving, cleansing,
and lighting the Streets of Dublitij or the Commissioners for
making wide and convenient Streets in the City of DMin^
or the Corporation for improving the Port and. Harbour of
Dublin^ so to transfer the Powers vested in them respectively.
CXXI. < And whereas by an Act passed in the Sixth Year
^ of the Reign of His said late Majes^, intituled .^ Act to
^ comolidate the Laws relating to the Constabulary Force in Ireland,
.< it is among other things enacted, that it shall be lawful for
< the Lord Lieutenant or other Chief Governor or Governors

«of

«

1 840. * Municipal Corporations^ Ireland. Cap. 106. t78

< of Ireland to- appoint from Time to Time, at his Will and

* Pleasure, in and for each Barony, Half of Barony, or other

* Division of Barony, in each County at large, One Chief

< Constable, Two Head Constables, and any Number of Con-

* stables and Sub-Constables not exceeding Sixteen: And
K < whereas the Force thereby provided is less than may in some

* Cases be required in Baronies which comprise large Towns :
Q * And whereas it is reasonable that the Expence of the addi-
r ^ tional Force required in such Towns should be borne by such
9 • Towns, and not by the Counties at large in which they are
2 ' situated;' be it therefore enacted. That if (any Council of any
ii Borough named in the Schedule (A.) to this Act annexed shall
t think it necessary that an additional Constabulary Force should
) be stationed in such Borough, above the Proportion of the said
',, Force therein stationed under the Provisions of the said last-

recifed Act, it shall be lawful for the Council of such Borough
f to present a Memorial to the Lord Lieutenant, setting forth

the additional Constabulary Force which is required for the said
Borough ; and thereupon it shall be lawful for the Lord Lieu-
tenant to add to the Constabulary Force of die County or
Counties wherein such Borough shall be situated any such
Number of Constables, Sub-Constables, and Officers of the said
Force, not exceeding the Number required by the said Council
in their Memorial, as he shall think fit; and the Amount of
the Constabulary Force stationed in the said Borough shall be
increased accordingly, and such additional Force shall form
Part of the general Constabulary Force, and be subject in all
respects to the same Rules and Discipline as the Residue of the
said Force, *

CXXn. And be it enacted. That the Expence of the said ^'^^^''^^!
additional Force shall be advanced and defrayed in like Manner ^bukryFor^
as the Expences of the Force appointed by the last-recited Act
are to be advanced and defray^ ; provided, however, that no
Part of the Expence of such increased Force shall be borne
by the County or Counties at large in which such Borough shall >

be situated, but the said Borough for whose Service toe said
Increase shall be made shall bear such Proportion of such
Expences as the Counties at large under the said last-recited
Act are bound to contribute towards the Expences of the
Constabulary Force appointed for this Service ; and such Ex-
pences shall be paid out of the Borough Fund, and. shall be
paid by the Treasurer of the Borough to the Person authorized
to receive the Monies which the County at large in which
such Borough shall be situated is liable to pay towards the
Expences of the said Force ; and when any such Borough shall
be situated in more than One County, then the Treasurer shall
pay the said Sums to such of the Persons authorized to receive
such Payments from any of tlie said Counties as the Inspector
^ General of the Constabulary Force shall direct: Provided

always, that it shall be lawful for the Lord Lieutenant, at any
f Tinie he shall think fit, to reduce, either in the whole or part,

the said additional Force ; and it shall foe also lawful for the

CouncU

c

I I

«

tf

774

Cap. 108.

Municipal Corparationst Irdand* 3 8c 4 Vicr.

Coiiiwtl may
order Parts of
Borough not
within Local
Act as to light'
ing, to be in-
cluded in such
Act

Amount of
Bate for light-
ing.

Council may
assume the
Powersof Com*

un-.
der96.4.e.82.
for lighting
Streets of any
Borough*

Council of the said Borough in which such additional Force
shall have been stationed to present from Time to Time a
Memorial to the Lord Lieutenant, stating that they are desirous
that the said Force should be reduced in the whole or in part,
and thereupon the Lord Lieutenant shall,, within Twelve
Calendar Months from the Presentation of the said Memorial,
make the required Reduction in the said Force.

CXXIIL * And whereas Parts of certain Boroughs are within
< the Provisions of One or more Local Act or Acts for reguiat-
' ing the lighting thereof, and certain other Parts of the same
^ Boroughs are not within the Provision) of any Local Act for
' regulating the lighting thereof, and for Want of such lighting
* great Facilities may be aiForded for the Commission of Crimes
' and for the Escape of the Offenders:' for Remedy thereof
be it enacted. That it shall be lawful for the Council of any
Borough in any Part of which there is a Local Act for^ the
lighting thereof to make an Order that any Part of such
Borough, not being within the Provisions of any Local Act for
the lighting thereof, shall, from and after a certain Day to be
named in such Order, be taken to be within the Provisions of
such Local Act or Acts for lighting any Part of such Borough,
as the Council shall specify in such Order ; and after such Day
the Part named in such Order shall be within the Provisions
of the Act or Acts so specified, so far as relates to lighting,
or to any Rates authorized to be levied for the Purpose of
lighting, as fully as if such Part had been originally named in
such Act or Acts, any thing in such Act or Acts to the contrary
notwithstanding: Provided always, that every Part named in
such Order shall be lighted in the like Manner as those Parts
which before the making of such Order were within the Pro-
visions of such Local Act ; and that the Rate to be raised for
the Purpose of defraying the Expence^ of lighting any Part so
named in such Order shall not exceed the average Expence in
the Pound of the lighting of the other Parts of such Borough.

CXXIV. And be it enacted. That the Council of any
Borough named in the said Schedule (A.) shall have and
exercise, on the First Day of Janttcay next after this Act shall
come into operation in such Borough, the Powers given to the
Commissioners under the said Act made in the Ninth Year of
the Reign of His Majesty King George the Fourth, intituled
An Act to make Provision for the lighHng^ cleansing^ and wakMng
of Cities^ Towns Corporate^ or Market Towns in Ireland, in certain
CaseSj so far as relates to the lighting of such Borough, or of
any such Part thereof as shall not, by virtue of the Provisions
herein-before contained, be placed within the Provisions of any
Local Act for lighting the same, and the Powers and Duties
vested in such Commissioners (if any) in r^^rd to lighting shall
thereupon cease and determine ; but the Council shall and they
are hereby authorized and required to levy Rates for the Pur-
pose of lighting such Part of the Borough, not according to the
Powers contained in the said Act of the Ninth Year of the
Reign of His Majesty King George the Fourth, but according

to

1840.. Munkipal Corporations, Ireland. Cap. 10& 775

to the Provisions hereinafter contained for levying and raising-
a Borough Rate : Provided always, that the Appeal given by
the said Act to any Person who may think himself aggrieved
by any Rate laid for the Purpose of lighting shall not be to
the Council, but in like Manner as Appeals against the Borough
Rate herein-after mentioned.

CXXV. And be it enacted, That it shall be lawfiil for the ^^^^
Council of any Borouffh to make such Bye Laws as to them Bye Laws,
shall seem meet for the good Rule and Government of the
Borough, and for Prevention and Suppression o( all Nuisances
as are not already punishable under any Act alreadv in force
throughout such Borough, and to appoint by such Bye Laws
such Fines as they shall deem necessary for the Prevention and
Suppression of such Offences ; provided that no Fine so to be
appointed shall exceed the Sum of Five Pounds, and that no
such Bye Law shall be made unless at least Two Thirds of the
whole Number of the Council shall be present: Provided also,
that no such Bye Law shall be of any Force until the Ex*
piration of Forty Days after the same or a Copy thereof shall
have been sent, sealed with the Seal of the said Borough, to the
Lord Lieutenant, and shall have been a£Sxed on the outer
Door of the Town Hall, or in some other public Place within
such Borough ; and if at any Time within the said Period of
Forty Days the Lord Lieutenant, with the Advice of the
Privy Council of Ireland, shall disallow the same Bye Law, or
any Part thereof, such Bye Law, or the Part thereof disallowed,
shall not come into operation : Provided also^ that it shall be
lawful for the Lord Lieutenant, at any Time within the said
Period of Forty Days, to enlarge the Time within which such
Bye Laws, if disallowed, shall not come into forces and no such
Bye Law shall in that Case come into force until after the
Expiration of such enlarged Time : Provided further, that no
Bye Law to be made by the Council of the Boroughs of Cok-
raine and Londonderry respectively shall be sent to the Lord
Lieutenant until the same shall have been approved of by
the Honourable Society of the Governor and Assistants of
Loniqn of the New Plantation in VbUr within the Realm of
Ireland.

CXXVL And be it enacted, That the Town Clerk of every Bje Lsws to
Borough shall, under the Directions of the Council thereof, Reprinted,
cause all the Bye Laws and Regulations in force in such
Borough from Time to Time to be printed in a uniform and
convenient Form, and shall keep Copies thereof publicly affixed
in the Office of such Town Clerk, and in every pubUc Office
and Court of such Borough of or belonging to or connected
with the Corporation thereof, for the free and open Inspection
of all Persons, without any Fee, at all reasonable Hours, and
shall deliver a Copy of such Bye Laws and Regulations to any
Person requiring the same, on Payment of such reasonable Price
for the same as the Council shall from Time to Time direct ; and
if any Person shall wilfully and maliciously pull down, destroy^
or deface any Copy of such Bye X^ws and Regulations which

shaU

779

Cap.loa

Mumpal Copartaionsf IrdancL 3 & 4 Vict.

Breaches of
Bye

All Corporate
Property and
all Fines to be
received on
account of the
Borough Fund.

Treasurer to
pay no Money
but by Order
of Council^ &c.

Orders for Pay.
ment of Money
may be removed
into the Court
of Queen's
Bench in Ire-
land by Cer-
tiorari.

shall be so affixed as aforesaid, such Person shall for every such
Offence forfeit and pay any Sum not exceeding Twenty
Shillings.

CXXVII. And be it enacted, That all the Provisions herein-
after contained relative to Offences against this Act punishable
upon summary Conviction shall be taken to apply to all Offences
committed in breach of any Bye Law or Regulation made by
. virtue of this Act

CXXVIIL And be it enacted, That after the Election of the
Treasurer in any Borough the Rents, Issues, and Profits of all
Hereditaments, Estates, and Tenements, and the Interest,
Dividends, and annual Proceeds of all Monies, Dues, Chattels,
and valuable Securities, except those vested or continued in
other Trustees as aforesaid, belonging or payable to the Body
Corporate or reputed or late Body Corporate of that Borough,
or to any Member or Officer thereof in his Corporate Capacity,
and every Fine or Penalty for any Offence against this Act (the
Application of which has not been herein provided for), shall
be paid to the Treasurer of or acting for that Borough under
this Act; and all the Monies which he shall receive as such
Treasurer shall be carried by him to the Account of a Fund to
be called « The Borough Fund,'* or ** The Town Fund,** as the
Case may be.

CXXIX. And be it enacted, That the Treasurer of any
Borough shall pay no Money on account of the Mayor, Alder-
men, and Burgesses of such Borough, or on account of tlie
Commissioners acting for such Borough, under the Provisions
of this Act, save only in such Case as is provided by this Act,
or upon tlie Order in Writing of the Council or Commissioner,
signed by Three or more Members, and countersigned by the
Town Clerk of such Borough, or for the Payment of the Salaries
granted to any Recorder or Police Magistrate as herein-after
provided, or by Order of the Court of Sessions of the Peace for
the Borough, in such Case as is provided by this Act, or in such
Case as a Court of Sessions of the Peace for any County may
make an Order for the Payment of Money on the Treasurer ,
of such County; and that any Burgess or Person qualified to
vote at the Election of such Commissioners shall be at liberty
at all seasonable Times to make a Copy of any such Order, or
take an Extract therefrom.

CXXX. ^ And whereas it is expedient to give all Persons
* interested in the Borough Fund of any Borough a more direct
< and easy Remedy for any Misapplication of such Fund ;' be
it therefore enacted. That any Order of the Council or Com-
missioners of any Borough for the Payment of any Sum of
Money from or out of the Borough Fund of any such Borough
may be removed into the Court of Queen's Bench in Ireland
by Writ of Certiorari, to be moved for according to the usual
Practice of the said Court with respect to Writs of Certiorari,
and that such Order may be disallowed or confirmed upon
Motion and Hearing, with Costs, according to the Judgment
and Discretion of the said Court.

5 CXXXI. And

1840« Mmieqkd C(nrporaii(ms^ Ireland. Cap.lO& 777:

CXXXL And be it enacted, That the Borough Fund, subject Salaries of Re- '
to the Payment of any lawful Debt due from such Body Cor- qI^^*^^
porate to any Person which shall have been contracted before surer/ and other
the passing of this Act, and unredeemed* or of so much thereof Officers, and
as the Council of such Borough from Time to Time shall be Election Ex-
required or shall deem it expedient to redeem, and to the ^dout^oftbe
Payment from Time to Time of the Interest of so much thereof. Borough Fund.
as shall remain unredeemed, and saving all Rights, Interests,
Claims, or Demands of all Persons or fiodies Corporate in or
upon the Real or Personal Estate of any Body Corporate, by
virtue of any Proceedings, either at Law or in Equity, which,
have been already instituted, or which may be hereafter instituted,
or by virtue of any Mortgage or otherwise, shall be applied
towards the following Purposes; (that is to say,) the Payment
of the Salary of the Mayor, and of the Recorder and of the
Police Magistrate herein-after mentioned, when there is a
Recorder or Police Magistrate, and of the respective Salaries
of the Town Clerk and Treasurer, and of every other Officer
whom the Council shall appoint, and also toward the Payment >

of the Expences incurred from Time to Time in preparing and
printing Burgess Rolls and Notices, and in other Matters attend-
ing such Elections as are herein mentioned, and towards the
Expences of providing and maint^ning the Corporate Buildings,
and towards the Payment of all other Expences which shall be
necessarily incurred in carrying into eifect the Provisions of this
Act ; and in case the Borougn Fund shall be more than suffix
cient for the Purposes aforesaid the Surplus thereof shall be
applied towards the paving, cleansing, and lighting the Streets
of the Borough by or under the Direction of the Council, or in
Cases where the Powers given to any Trustees appointed by
any Act or Acts of Parliament for paving, cleansing, and lighting
the Streets, or any of such Purposes, shall not have been^trans^*
ferred to the Council by or under the Direction of such Trustees,
and for the public Benefit of the Inhabitants and Improvement
of the Borough.

CXXXIL Provided always, and be it enacted, That it shall Tolls or Dues
not be lawful for the Council to be elected under the Provfaions. w«ble before
of this Act in any Borough in which the Body Corporate named thit'^A^ mit'to
in conjunction with the said Borough in the said Schedule (A.) be altered or
before the Time of the passing of this Act shall have contracted ^'^^""{^Jhe
any lawful Debt, lawfully chargeable on any Tolls or Dues Dd^lTcharge-
belonging or payable to the said Body Corporate, or to any able thereon.
Member or Officer thereof in his Corporate Capacity, or towards
the Satisfaction whereof such Tolls or Dues, or any Part thereof,
were lawfully applicable before the passing of this Act, to alter
or reduce the Amount to be levied and payable of such Tolls
or Dues, or to grant for any Consideration any Remission of
or Exemption from such Tolls or Dues, or any Part thereof,
unless with the Consent in Writing under the Hands of a
Majority in Number and Amount of tiie Creditors to whom such
Debt is due, until after such Debt, and all Arrears of Interest
due thereon, shall have been fully paid and satisfied : Provided

also,

779

Cap. loa

Mumpal CoportaicfOs^ IrdandL 3 & 4 Vict.

Breaches of
Bye

All Corporate
Property and
all Floes to be
received on
aooouDt of the
Borough Fund.

Treasurer to
pay no Money
but by Order
of Council, &c.

Orders for Pay.
inent of Money
may be removed
into the Court
of Queen's
Bench in Ire-
land by Cer-
tiorari.

shall be so affixed as aforesaid, such Person shall for eveiry such
Offence forfeit and pay any Sum not exceeding Twenty
Shillings.

CXXVII. And be it enacted, That all the Provisions herein-
after contained relative to Offences against this Act punishable
upon summary Conviction shall be taken to apply to ail Offences
committed in breach of any Bye Law or Regulation made by
. virtue of this Act.

CX XVIII. And be it enacted. That after the Election of the
Treasurer in any Borough the Rents, Issues, and Profits of all
Hereditaments, Estates, and Tenements, and the Interest,
Dividends, and annual Proceeds of ail Monies, Dues, Chattels,
and valuable Securities, except those vested or continued in
other Trustees as aforesaid, belonging or payable to the Body
Corporate or reputed or late Body Corporate of that Borough,
or to any Member or Officer thereof in his Corporate Capacity,
and every Fine or Penalty for any Offence against this Act (the
Application of which has not been herein provided for), shall
be paid to the Treasurer of or acting for that Borough under
this Act; and all the Monies which he shall receive as such
Treasurer shall be carried by him to the Account of a Fund to
be called « The Borough Fund,*' or « The Town Fund,** as the
Case may be.

CXXIX. And be it enacted, That the Treasurer of any
Borough shall pay no Money on account of the Mayor, Alder*
men, and Burgesses of such Borough, or on account of tlie
Commissioners acting for such Borough, under the Provisions
of this Act, save only in such Case as is provided by this Act,
or upon the Order in Writing of the Council or Commissioner,
signed by Three or more Members, and countersigned by the
Town Clerk of such Borough, or for the Payment of the Salaries
granted to any Recorder or Police Magistrate as herein-after
provided, or by Order of the Court of Sessions of the Peace for
the Borough, in such Case as is provided by this Act, or in such
Case as a Court of Sessions of the Peace for any Coimty may
make an Order for the Payment of Money on the Treasurer
of such County; and that any Burgess or Person qualified to
vote at the Election of such Commissioners shall be at liberty
at all seasonable Times to make a Copy of any such Order, or
take an Extract therefrom.

CXXX. ^ And whereas it is expedient to give all Persons
* interested in the Borough Fund of any Borough a more direct
< and easy Remedy for any Misapplication of such Fund ;' be
it therefore enacted. That any Order of the Council or Com-
missioners of any Borough for the Payment of any Sum of
Money from or out of the Borough Fund of any such Borough
may be removed into the Court of Queen's Bench in Ireland
by Writ of Certiorari, to be moved for according to the usual
Practice of the said Court with respect to Writs of Certiorari,
and that such Order may he disallowed or confirmed upon
Motion and Hearing, with Costs, according to the Judgment
and Discredon of the said Court.

5 CXXXI. And

1840. MvnhgMd CorparationSf Iribmd. Cap.lO&' 777:

CXXXI. And be it enacted, That the Borough Fuady subject Salaries of Re- '
to the Payment of any lawful Debt due from such Body Cor- q*^?"' J^**
porate to any Person which shall have been contracted before gn^/ and other
the passing of this Act, and unredeemed, or of so much thereof OflSoers, and
as the Council of such Borough from Time to Time shall be Election Ex-
required or shall deem it expedient to redeem, and to the ^doiitoft|>e
Payment from Time to Time of the Interest of so much thereof Borough Fund.
as shall remain unredeemed, and saving all Rights, Interests,
Claims, or Demands of all Persons or fiodies Corporate in or
upon the Real or Personal Estate of any Body Corporate, by
virtue of any Proceedings, either at Law or in Equity, which,
have been already instituted, or which may be hereafter instituted,
or by virtue of any Mortgage or otherwise, shall be applied
towards the following Purposes; (that is to say,) the Payment
of the Salary of the Mayor, and of the Recorder and of the
Police Magistrate herein-after mentioned, when tliere is a
Recorder or Police Magistrate, and of the respective Salaries
of the Town Clerk and Treasurer, and of every other Officer
whom the Council shall appoint, and also toward the Payment ^

of the Expences incurred from Time to Time in preparing and
printing Burgess Rolls and Notices, and in other Matters attend-
ing such Elections as are herein mentioned, and towards the
Expences of providing and maintaining the Corporate Buildings,
and towards the Payment of all other Expences which shall be
necessarily incurred in carrying into eifect the Provisions of this
Act ; and in case the Borough Fund shall be more than suffi*
cient for the Purposes aforesaid the Surplus thereof shall be
applied towards the paving, cleansing, and lighting the Streets
of the Borough by or under the Direction of the Council, or in
Cases where the Powers given to any Trustees appointed by
any Act or Acts of Parliament for paving cleansing, and lighting
the Streets, or any of such Purposes, shall not have been trans^.
ferred to the Council by or under the Direction of such Trustees,,
and for the public Benefit of the Inhabitants and Improvement
of the Borough.

CXXXII. Provided always, and be it enacted, That it shall Tolls or Dues
not be lawful for the Council to be elected under the Provisions w«bie before
of this Act in any Borough in which the Body Corporate named thU^A^ mjt'io
in conjunction with the said Borough in tlie said Schedule (A.) be altered or
before the Time of the passing of this Act shall have contracted ^'^^^f the
any lawful Debt, lawfully chargeable on any Tolls or Dues Dd^iTcharge- ^
belonging or payable to the said Body Corporate, or to any able thereon.
Member or Officer thereof in his Corporate Capacity, or towards
the Satisfaction whereof such Tolls or Dues, or any Part thereof,
were lawfully applicable before the passing of this Act, to alter
or reduce the Amount to be levied and payable of such Tolls
or Dues, or to grant for any Consideration any Remission of
or Exemption from such Tolls or Dues, or any Part thereof,
unless with the Consent in Writing under the Hands of a
Majority in Number and Amount of tlie Creditors to whom such
Debt is due, until after such Debt, and all Arrears of Interest
due tbereoU) shall have been fully paid and satisfied : Provided

also.

778; Cap. lOa Mumcipal CarpmOiom^ Irwiand. 3 & 4 Vict.

also, that the said Commissioners of any Borough, shall be and
^^3L, ^y ^^ hereby empowered to abolish any Tolls forming Part

of the Town Fund of such Borough, after full Payment or

Satisfiustion of all Debts and Charges upon the said Tolls, or

to which they may be liable, which it may be thought desirable

to abolish, and also to purchase any Tolls which it may be

thought desirable to purchase, in onier that the same may be

abolished, and after the Conveyance thereof to them to abolish

the same; and the said Commissioners shall cause Notice to

be given of the Abolition of all such Tolls as shall be abolished

as aforesaid by Advertisement in the Dublin Gazette, and also

in One or more Newspaper or Newspapers usually circulated in

the Town in which such Tolls respectively shall be payable :

Provided always, that nothing in this Act contained shall be

construed to affect any Tolls or Dues not being Part of the

Town Fund, paid before thepassing of this Act to any Member

or Officer of any Body Corporate in his Corporate Capacity,

by Permission of the true and real Owner thereof.

Gouncil autho- CXXXIU. And be it enacted. That in case, after Payment

^v'^v^ of all Debts due from such Body Corporate, and contracted

ttty, for PayT* before the passing of this Act, and after Satisfaction of all

meat of Ex- lawful Claims upon the Real and Personal Estate of such Body

m**^ fP'^^JT?^ Corporate, the Borough Fund shall not be sufficient for the

A^i^oaecu- PiUT^Mes aforesaid, or in case there shall be no Borough Fund,

the Council of the Borough is hereby authorized and required
from Time to Time to estimate, as correctly as may be, what
Amount, in addition to such Fund, or when there shall be no
such Fund, will be sufficient for the Payment of the Expences
to be incurred in carrying into effect the Provisions of this Act;
and in order to raise Uie Amount so estimated, and also for the
Purpose of defraying the Expences of putting this Act into
execution which may have been incurred before the making of
any Borough Rate, the said Council is hereby authorized and
required from Time to Time to order a Borough Rate to be
made within their Borough, and for that Purpose the Council
of such Borough shall have within their Borough all the Powers
and Authorities which any Commissioners in any Borough in
Ireland have within the Limits of their Commission by virtue
of the said last-recited Act of the Ninth Year of the Reign
of His Majesty King George the Fourth, and shall observe and
preserve the Provisions thereof as if the same were herein recited,
or as near thereto as the Nature of the Case will admit, except
that every such Rate shall be and is hereby authorized to be
assessed and levied and raised from and oiF the Owners, Occupiers,
or Tenants of all Hereditaments rateable for the Relief of the
destitute Poor in IreUmdj in an equal and uniform Manner,
according to the yearly Value at which the same shall be
estimated for the Purpose of a Rate for the Relief of the
destitute Poor within such Borough, and whether the same
shall or shall not be under the yearly Value of Five Pounds :
Provided always, that such Persons only shall be liable to pay
the Borough Rate in respect uf Hereditaments under the Value

of

1840. Municipal Carporationsf Jrdand. Cap. 108. 779

of Five Pounds who shall be rated in respect thereof to a Rate
for the Relief of the destitute Poor within such Borough, and
subject to the Provisions contained in the said Act for the Relief
of the destitute Poor in Ireland with reference to Pn^rty of
which the net annual Value shall not amount to Five Pounds ;
and all such Sums levied in pursuance of such Borough Rate
shall be paid over to the Account of the Borough Fund.

CXXXIV. And be it enacted, That if any Person shall ^"j^^^^
think that any Estimate or Valuation made for levying any Assisunt Bar-
Rate for the Purposes of this Act is erroneous, either as being nsterofthe
an excessive ELstimate of Property belonging to him, or an ^^'^^^y-
insufficient Estimate of Property belonging to another, it shall
be lawful for such Person, at any Time after the Expiration of
Twenty Days next after the making and publishing of such
Rate^ to appeal against such Estimate^ and he shall in that Case
before the Expiration of such Twenty Days deliver to the Town
Clerk of such Borough a Notice signed by him, specifying for
whiclv of the said Objections to such Estimate he complains;
and such Appeal shall be heard and determined, in every Bo-
rough in which there shall be a Recorder under this Act, by
the Recorder of the Borough at the Sitting of his Court held
next after the Expiration of such Twenty Days, and when tliere
shall be no such Recoixler it shall be beard and determined
by the Assistant Barrister of the County having^ Jurisdiction to
hear and determine Suits by Civil Bill for the District in which ?

the Property estimated shall be situated, at die Sessions held
for such District next after the Expiration of such Twenty
Days; and such Recorder or Barrister shall have Power to
award to or against the Person appealing such Costs, not ex-
ceeding Ten Shillings, as he shiJl think fit, and to issue a
Decree against the Party appealing for any Costs awarded against
him, which shall have the Force of a Decree in a Suit by Civil
Bill, and, in case he shall award Costs to be paid to him, to
make an Order on the Treasurer of such Borough to pay the
Sum out of the Borough Rate, which Order the said Treasurer
shall obey ; and the Determination of such Recorder or Barrister
shall be conclusive ; provided, however, that no such Recorder
or Barrister shall entertain such Appeal without Proof that such
Notice as aforesaid was given ; and provided also, that he shall
not have Power to inquire into any Objection to such Estimate,
save the one specified in such Notice ; and that if such Appeal
shall not be prosecuted effectually by the Person appealing, the
Estimate shall be taken to be conclusive^ notwithstanding such
Notice.

CXXXV. And be it enacted. That nothing in this Act con- Act not ta
tained shall be construed to render liable to the Payment of ^^^^J^^'
any Debt contracted before this Act shall come into operation ]i^ie for Debts
in any Borough, by any Body Corporate, any Part of the Real not chargeable
or Personal Estate of the said Body Corporate which before this ^^^^"^^
Act shall have so come into operation was not liable thereto Levy of new
either at Law or in Equity, or to authorize the Levy of any Rates for Pky-
Rate within any Part of any Borough for the Purpose of paying '"«^"* «^ ^^^
[No. 50. Price ^d.^ 3 D any

280 Cap. 108. Munidpal Corporations^ If daiid. d&4yicr.

any Debt contracted before the passing of this Act, which before
the passing of this Act could not lawfully be levied therein
towards the Payment of the same.
Accounts cf CXXXVI. And be it enacted. That the Treasurer of every

Rcceipu and Borough shall, in Books to be kept for that Purpose, enter true
tote^^kcpnlwi- Accounts of all Sums of Money by him received and paid on
ditiM], and pub- accouut of the Purposes of this Act, and of the several Matters
^^^^^^ for which such Sums shall have been paid; and the Books

containing such Accounts shall at all reasonable Times be open
to the Inspection of the Mayor or any of the Aldermen or
Councillors or Commissioners of such Borough ; and it shall be
lawful for the Mayor, or for any Alderman or Councilor or
Commissioner, at all seasonable Times, to make any Copy of or
take any Extract from any such Book ; and all the Accounts^
with all Vouchers and Papers relating thereto, shall, in the
Months of March and September in every Year, be submitted by
the Treasurer of the Borough to the Auditors herein-before
provided to be elected, and to such Member of the Council or
Board of Commissioners as the Mayor or Chairman shall name
as a Third Auditor, on the First Day of March in every Year,
or, in case of extraordinary Vacancy, within Ten Days next
after such Vacancy, for the Purpose of being examined and
audited from the First Day oi September in the Year preceding
to the First Day of March^ and from the First Day of March
to the First Day of September^ in tlie Year in which the said
Auditors were elected and named; and if the said Accounts
shall be found to be correct the Auditors ^hall sign the same;
and after such Accounts shall have been so respectively examined
and audited in the Month oi September in every Year, each Trea-
surer shall make out in Writing, and shall cause to be printed,
a full Abstract of his Accounts for the Year, and a Copy thereof
' shall be open to the Inspection of all the Rate-payers of such
Borougli, and Copies thereof shall be delivered to all Rate-
payers of such Borough applying for the same, on Payment of
One Shilling for each Copy.
Councili to ex XXVII. And be it enacted. That the Council of every

tranMnit yearly guch Botough in which this Act shall be in operation, and the
in^ne and Commissioners or Guardians of the Poor of every Town in
Expenditure to which any Commissioners or Guardians of the Poor shall act
Lord Lieute- by virtue of the Provisions herein contained, shall, before the
A*bstract there. ^^^^^ ^J oi February in each Year, transmit to the Lord Lieu-
of to be laid tenant a Statement of all Monies received and expended on
before Pariia- accouut of such Corporation or Commissioners or Guardians of
iwT^.*" ^^ ^^^ Poor (as the Case may be) under this Act, or in anywise

relating to the Borough Fund or Town Fund of such Borough
within the Year preceding, which Statement shall be prepared
in such Form and Manner as the Lord Lieutenant shaJl direct,
and such Accounts shall refer and be made up to the Audit
next before the First of Januafy of the Year in which such
Account is hereby required to be so transmitted; and an
Abstract of such Statements and Accounts, under general
Heads, shall be laid before both Houses of Parliament during

their

1840.

Municipal Corporations^ Ireland. Cap. lQd«

781

their Sitting, in the same Year in which they are hereby required
to be transmitted as aforesaid ; and a Copy thereof shall be depo-
sited with the Town Clerk, or with such Person resident in such
Town as such Commissioners or Guardians shall appoint to
execute the Duties of Town Clerk therein, and shall be open to
the Inspection of all the Inhabitants of such Borough or Town,
and Copies thereof shall be delivered to all Inhabitants of such
Borough or Town applying for the same, on Payment of One
Shilling for each Copy.

CXXXVIII. • And whereas bv an Act passed in the Third Prori^on for
Year of His late Majesty Km^' George the Fourth, intituled j;^^„^"fp^he
An Act for amending the several Acts in force for making wide Cork wide
and convenient Streets^ Ways^ and Passages in i/ie City of Corkj Street Com-
(xnd the Suburbs thereof and for paving^ cleansing^ lighting^ and "*"•*<*"«"•
otiierwise improving the said City^ and for regulating the Court of ' ' ^' ***^'
Conscience established thereiji^ it was enacted, that on the Day
of the annual Appointment of the Auditors of the Accounts
of the Mayor, Sheriffs, and Commonalty of the City of Cork
in the Court of D^Oyer Hundred of the said City, Auditors
should be also then chosen to examine and audit the Accounts
to be kept by the said Commissioners and their Successors,
and to examine into the Application and Expenditure of the
Money to be received by them, and that such Accounts, when
audited, together with the Report of the Auditors, should be
annually laid before the said Court of D'Oyer Hundred, and
a general Abstract of such Accounts should be printed, and
should also be published in some One or more Newspaper
or Newspapers circulated in the said City ;' be it therefore
enacted, That the Auditors to be appointed by virtue of this
Act in the Borough of Cork shall have and exercise all such
Powers of examining and auditing the Accounts kept by the
Commissioners and their Successors appointed or acting under
the said Act as, if this Act had not been passed, might be exer-
cised by Auditors chosen as directed by the said recited Act;
and such Accounts, when audited, together with the Report of
the Auditors, shall annually be laid before the Town Council
of the said Borough; and a general Abstract of such Accounts
shall be printed, and shall also be published in some One or
more Newspapers circulated in the said Borough.

CXXXIX. * And whereas many of the said Municipal Cor- Remedy for

* porations in Ireland have been and now are seised and ^"pj'f g^J"""

* possessed of or entitled to divers Lands, Tenements, and ^ '^^^ ^'

* Hereditaments, and the same have been granted to them,

* and ought to be vested in them« for the public Benefit of the

* said Boroughs respectively ; and it is expedient to make further

* Provision than now by Law exists for preventing or remedying

* the Waste and Misapplication of such Property, and of all

* other Property which may hereafter be so granted to or ac-

* quired by Municipal Corporations, or any Commissioners or

* Guardians of the Poor acting under the Provisions of this
' Act, for Municipal Purposes ;' be it enacted. That in case of
Waste or Misapplication of any such Property, or of any Breach

a D 2 * of

782 Cap. 108. Municipal Corporations^ Ireland, 3 & 4 Vict.

of Trust in respect thereof, or wherever the Direction, Decree,
or Order of a Court of Equity shall be deemed necessary for
the due Administration and Application of any such Property,
it shall be lawful for Her MajestyVAttorney General for Ire-
land^ or for any Two or more Burgesses of such Borough, or
Persons qualified to vote at any Election of any Commissioners
or Guardians acting under this Act in such Borough, to present
a Petition to the Court of Chancery or to the Court of Ex-
chequer in Ireland^ stating such Complaint, and praying such
Relief as the Nature of the Case may require; and it shall
be lawful for the Lord Chancellor or the Master of the Rolls
for the Time being, and for the Court of Exchequer, and they
are hereby required, to hear such Petition in a summary Way,
and to direct all such Persons as they shall consider necessary
to answer the same, and, if necessary, to issue a Commission
for the Examination of Witnesses, ana on their Depositions, or
upon Affidavits or such other Evidence as shall be produced
upon such Hearing, to determine the same, and to give such
Relief, and make such Order therein, and with respect to the
Costs of such Application, and to enforce the same^ by Injunction
or otherwise, as to him or them shall seem just ; and such Order
shall be final and conclusive, unless the Party or Parties who
^hall think himself or themselves aggrieved thereby shall, within
Two Years from the Time when such Order shall have been
passed and entered by the proper Officer, have preferred an
Appeal from such Decision to tlie House of Lords, to whom it
is hereby declared and enacted that an Appeal shall lie from
ProceedingsncA such Order: Provided always, that neither the Petitions, nor
liable to Stamp any Proceedings upon the same or relative thereto* nor the
"*^' Copies of any such Petitions or Proceedings, shall be subject or

liable to the Payment of any Stamp Duty, Charge for Chaiicery
or other Court Fund, or other public Charge whatever, save
only the actual Expence of making a Copy when any Copy shall
be required from any of such Courts.
Power of Sale CXL. And be it enacted. That it shall not be lawful for any
*"** ^5^"^ Body Corporate of any Borough named in the said Schedule
restrain . (K.)^ or any Commissioners or Guardians of the Poor or Body

so incorporated in any Borough named in the said Schedules
(B.) and (I.), or either of them respectively, at any Time after
the passing of this Act, to sell, mortgage, or alienate the Lands,
Tenements, and Hereditaments of the said Body Corporate^
or any Part thereof, except in pursuance of some Covenant
or Contract or Agreement bond fiie made or entered into on or
before the Twentieth Day of August in the Year One thousand
eight hundred and thirty-six by or on behalf of the Body Cor-
porate of any Borough, or of some Resolution duly entered in
the Corporation Books of such Body Corporate on or before
the said Twentieth Day of August^ or to demise or lease, except
in pursuance of some Covenant, Contract, or Agreement ^Jond
fide made or entered into on or before the said Twentieth Day
of August by or on behalf of such Body Corporate, or in pur-
suance of some Resolution duly entered in the Corporation

Books

1840. Municipal CarparatioTU, Ireland. Cap. 10& 783

Books of such Body G>rporate on or before the said Twentieth
Day of Atifftist, except in the Cases herein-after mentioned, any
Lands, Tenements, or Hereditaments of such Body Corporate,
or any Part thereof or to enter into any new Contract or
Agreement, except in the Cases herein-after mentioned, for
demising or leasing the said Lands, Tenements, and Heredita-
ments, or any Part thereof, for any Term exceeding Thirty-one
Years from the Time when such Lease shall be made, or if
made in pursuance of a previous Agreement then from the
Time when such Agreement' shall have been entered into;
and in every Lease which the said Council, Commissioners, or
Guardians are not hereby restrained from making there sliall
be reserved and made payable, except in the Cases herein-after
mentioned, during the whole of the Term thereby granted,
such clear yearly Rent as to the Council, Commissioners, or
Guardians shall appear reasonable, without taking any Fine
for the same : Provided always, that in all Cases in which any Provision in
Body Corporate shall on the Twentieth Day of August in the ®??"'*. ^^^*^
Year One thousand eight hundred and thirty-six have been ^^•**"fr
bound or engaged by any Covenant or Agreement, express or
implied^ or have been enjoined by any Deed, Will, or other
Docmnent, or have been sanctioned or warranted by ancient
Usage, or by Custom or Practice, to make any Renewal of any
Lease for Years, or for Life or Lives, or for Years determinable
with any Life or Lives, at any fixed or determinate or known
or accustomed Period, or after the Lapse of any Number of
Years, or on the dropping of any Life or Lives, at a Fine
certain, or under any special or specific Terms or Conditions,
and also in all Cases in which any Body Corporate shall there-
tofore have ordinarily made Renewal of any Lease for Years, or
for Life or Lives, or for Years determinable with any Life or
Lives, at any fixed or determinate or known or accustomed
Period, or after the Lapse of any Number of Years, or upon
the dropping of any Life or Lives, upon the Payment of an
arbitrary Fine, it shall be lawful for the Council, Commissioners,
or Guardians of such Borough to renew such Lease for such
Term or Number of Years, either absolutely or determinable .
with any Life or Lives, or for such Life or Lives, and at such
Rent, and upon the Payment of such Fine or Premium, either
certain or arbitrary, and with or without any Covenant for the
future Renewal thereof, as such Body Corporate could or might
have done in case this Act had not been passed ; provided also,
that any such Demise or Lease to be made by the Guardians
of the Poor, otherwise than in pursuance of such Covenant,
Contract, or Agreement as aforesaid, shall be made with the
Consent of the Poor Law Commissioners.

CXLL And be it enacted, That in every Case in which such Commiubnen
Council, Commissioners, or Guardians shall deem it expedient ©^ Trea^ry
to sell and alienate, or to demise and lease for a longer Term ^'^'Dispori.
than Thirty-one Yeai*s, or upon different Terms and Conditions tions,
than those herein-before mentioned, any of the said Lands,
Tenements, or Hereditaments, it shall be lawful for such Coun-
' 8 D 3 cil,

7&4

Cap. 108.

Municipal Corporations^ Ireland, 3 & 4 VicT.

Lcaws of cer-
tain Buildings,
anil o( Ground
for building on,
or for making
Gardens, &c.
may be made
for Seventy-
five Years.

Ptorcbasefiy
Sales, and De-
mises of Cor-
porate Pro-
perty since said
SOLli August

cil, Commissioners, or Guardians to represent the Circumstances
of the Case to the Commissioners of Her Majesty's Treasury ;
and it shall be lawful for such Council, Commissioners, or
Guardians, with the Approbation of the said Commissioners or
any Three of them, to sell, alienate, and demise any of the
Lands, Tenements, and Hereditaments of the said Body Cor-
porate, in such Manner and on such Terms and Conditions as
shall have been approved by the said Commissioners : Provided
always, that Notice of the Intention of the Council, Commis-
sioners, or Guardians to make such Application as aforesaid
shall be fixed oh the outer Door of the Town Hall, or in some
public or conspicuous Place within the Borough, One Calendar
Mouth at least before such Application ; and a Copy of the
Memorial intended to be sent to the said Commissioners shall
be kept in tlie Town Clerk's Office during such Calendar
Month, and shall be freely open to the Inspection of every
Burgess, or Person entitled to vote at the Election of such
Commissioners, or Rate-payer of the Borough, at all reasonable
Hours during the same.

CXLII. Provided nevertheless, and be it enacted. That in
any of the Instances herein-after mentioned it shall be lawful
for the Council, Commissioners, or Guardians from Time to
Time to demise and lease, or to enter into any Contract or
Agreement for demising and leasing, either at a reserved Rent
or Fine, or both, as the Council, Commissioners, or Guardians
shall think fit, any of the said Lands, Tenements, or Heredita-
ments to any Person, Body Politic, Coi'porate, or Collegiate, for
any Term not exceeding Seventy-five Years from the Time of
making such Lease or Agreement, (that is to say,) of Tenements
or Hereditaments the greater Part of the yearly Value of which
shall at the Time of making the Lease or Agreement consist
of any Building or Buildings, or of Land or Ground proper
for the Erection of any Houses or other Buildings thereupon,
with or without Gardens, Yards, Curtilages, or other Appurte-
nances to be used therewith ; and where the Lessee or intended
Lessee shall covenant or agree to erect a Building or Buildings
thereon of greater yearly Value than such Land or Ground, or
Land or Ground proper lor Gardens, Yards, Curtilages, or other
Appurtenances to be used with any other House or other Build-
ing erected or to be erected on any Ground belonging either
to such Body Corporate or to any other Proprietor, or proper
for any other Purpose calculated to afford Convenience or Ac-
commodation to the Occupiers of any such House or Building :
Provided always, that such Demise, Lease, Contract, or Agree-
ment shall, if made or entered into by the Guardians of the
Poor, be so made or entered into with the Consent of the Poor
Law Commissioners.

CXLIII. And be it enacted. That it shall be lawful for the
Council, or any Commissioners or Guardians of the Poor, first
to be elected or to act in any Borough under the Provisions
of this Act, to call in question all Purchases, Sales, Leases,
and Demises not made in pursuance of some such bond fide

4 Covenant,

1840. Municipal Corporations, Irekmd. Cap« 108. 785

Covenant, Contract^ Agreement, or Resolution made and entered ™y *>• ja**«d
into as aforesaid before the said Twentieth Day of August^ and Jhe^councli^^
all Contracts for the Purchase, Sale, Lease, or Demise of any
Lands, Tenements, and Hereditaments, and all Divisions and
Appropriations of the Monies, Goods, and valuable Securities,
or any Part of the Real or Personal Estate, of which, on or
before the said Twentieth Day of August, the Body Corporate
of which they are the Council, Commissioners, or Guardians,
whether in their own Right or as Trustees for charitable or
other Purposes, was seised or possessed, which shall have been
made or contracted between the said IVentieth Day of August .
and the Day of the Declaration of their Election ; and for that f^*! if nppew-
Purpose, if it shall appear to the said Council, Commissioners, JJ^f„*^oiJ,^^iy,i
or Guardians that there is Ground for believing that any such msdetoi>e
Purchase, Sale, Lease, or Demise, or such Contract, or such suUmituxl to a
Division or Appropriation of the Premises, was coUusively made ^^^^'„
for no Consideration, or for an inadequate Consideration, it
shall be lawful for the Council, Commissioners, or Guardians of
such Borough, at any Time within Twelve Calendar Months
next after such First Election or acting under this Act in such
Borough, upon Notice of their Intention being first given in
the Dublin Gazette, and also affixed on the outer Door of the
Town Hall, or in some public Place within the Borough, to
cause the Value of the Lands, Tenements, Hereditaments, and
Premises in question to be inquired of and found by a Jury of
Twelve indifferent Men of the County in which, or adjoining
to which, in the Case of all Counties of Cities and Towns Cor-
porate, such Lands, Tenements, Hereditaments, or Premises do
lie: Provided always, that any such Proceedings, if taken by the
Guardians, shall be so taken with the Consent of the Poor Law
Commissioners.

CXLIV. And be it enacted. That the Council, Commis- Prweodmjr^
sioners, or Guardians shall be empowered to summon and before the Jurj.
call before such Jury all Persons having the Custody and
Possession of any Deed or Agreement concerning the said
Lands, Tenements, Hereditaments, and Premises made or en-
tered into since the said Twentieth Day of August, and to cause
all such Deeds and Agreements to be produced before the
said Jury» and examined by them, and to examine upon Oath
every f'erson who shall be thought necessary to be examined
(which Oath the Mayor is hereby empowered to administer);
and the Council, Commissioners, or Guardians shall, by order-
ing a View or otherwise, use all lawful Means for the Infor-
mation as well of themselves as of the said Jury in the Premises ;
and the Jury shall find the Value of the said Lands, Tene-
ments, Hereditaments, and Premises, and the Consideration
which shall have been given, and also that which ought of
Right to have been given, for the Purchase, Sale, Lease,
Demise, or Appropriation thereof, according to the Terms of
such Purchase, Sale, Lease, Demise, Contract, or Appropriation,
and taking into account all the Circumstances under which
the same shall have taken place ; and if the Jury by their

3 D 4 Oaths

786 Cap. \0d. Municipal CorparaHoMj Irehmd. 3 & 4 Vicr.

, Oaths shall find that no Consideration, or a Consideration less
than that which they shall have so found to be the Value
which ought therefor to have been given, shall have been
collusively given or contracted to be given by the Terms of any
such Purchase, Sale, Lease, Demise, Contract, or Appropriation,
the Party to such Purchase, Sale, Lease, Demise^ Contract, or
Appropriation shall have his Option either to reconvey and
restore the Lands, Tenements, Hereditaments, and Premises in
question, and to abandon the Contract to which he shall have
been Party, upon Receipt in each Case of the Consideration, if
any, which he shall have given for the same, or to give in each
Case such additional Consideration, so that the whole Consider-^
ation given shall be that which ought of Right to have been
given, so found by the Jury as aforesaid; and in every such
Case as last aforesaid the additional Consideration given or to
be given shall be endorsed on the original Deed or Conveyance,
and unless he shall so do within One Calendar Month next after
the Finding of the Jury, every such Purchase, Sale, Lease, De-
mise, Contract, and Conveyance shall be absolutely void and of
none Effect as against the said Body Corporate, Commissioners,
or Guardians, and their Successors; and in every Case in which
any such Contract shall have been abandoned as aforesaid, or
in which any such Purchase, Sale, Lease, Demise, Contract, or
Conveyance shall become void and of none Effect, under the
Provisions of this Act, the Party who would otherwise have had
the Benefit of the same shall be remitted to his former Estate,
Title, and Interest (if any) in the Premises, as if no such
Contract, Purchase, Sale, Lease, or Demise had been made or
entered into; and for summoning and returning such Juries,
and for imposing Fines on the Sheriff, his Deputy,. Bailiff, or
Agent, and on the Persons summoned and returned on the
said Jury, and on any Person required to give Evidence who
shall in this Behalf contravene the Provisions of this Act, the
Council, Commissioners, or Guardians of every such Borough
shall have all the Powers which the Superior Courts of Re-
cord in Dublin have ; and all the Costs of the said Jury, and
of all Witnesses tendered by ttie said Council, Conmiissioners,
or Guardians to be examined before the said Jury, shall in
every Case be borne by the Council, Commissioners, or Guar*
dians, and paid out of the Borough Fund.
LordLicute- CXLV, Provided nevertheless, and be it enacted. That it
nant may direct shall be lawfui for the Lord Lieutenant of Ireland for the

^to ^*Te.- '^^"^® ^®*"8' ^^ ^® ^*^" ^^^^^ ^^ ^y ^^ Advice of the Privy
tioned. ^"^ Council, upon Petition to him or them setting forth the special

Circumstances under which any Purchase, Sale, Lease, Demise,
Contract, or Appropriation of any of the said Lands, Tene-
ments, Hereditaments, and Premises shall have been made since
the said Twentieth Day of August^ to order that the same shall
not be called in question under the Provisions of this Act, and
in such Case as last aforesaid the same shall not be called in
question or set aside or affected under the Provisions of this
Act ; and in every Case in which such Petition shall liave been

6 presented

1840. Munidptd Cefrporations^ IrekauL Cap. 108. 787

presented it shall be lawful for the Lord Lieutenant for the
Time being, if he shall thmk fit, to enlarge the Time within
which (in case he shall not think fit to make such Order as
aforesaid) the Council, Commissioners, or Guardians may have
Power as aforesaid to call in question any Purchase, Sale,
Lease, Demise, Contract, or Appropriation referred to in such
Petition.

CXL VL And be it enacted, That nothing herein contained T?>«^ Act not to
shall be construed to give or shall give any Efiect or Validity S^^y^^gi.
tp any Sale, Demise, or other Disposition of or any Agreement tioa of LandsL
jelating to any Lands, Tenements, Hereditaments, or other
Property which at any Time belonged to any Corporate Body,
but that the Validity of such Agreement, Sale, Demise, or other
Disposition shall be liable to be questioned in any Court of
Law or Equity by the Council, Commissioners, or Guardians of
the Borough, or any Burgess, Voter, Rate-payer, or Freeman
or other Person, as fully as if this Act had not been passed.

CXLVII* And be it enacted. That in every Case in which Sale of Ad-
a Body Corporate^ or any particular Class, Number, or De- ^owsons>&c.
scription of Members, or the governing Body of any Body
Corporate, now is or are, in their Corporate Capacity, and not
as charitable Trustees, according to the Meaning and Pro-
visions of this Act, seised or possessed of any Manors, Lands,
Tenements, or Hereditaments whereunto any Advowson or
Right of Nomination or Presentation to any Benefice or Eccle-
siastical Preferment is appendant or appurtenant, or of any Ad-
vowson in gross, or hath or have any Right or Title to nominate
or present to any Benefice or Ecclesiastical Preferment, every
such Advowson, and every such Right of Nomination and Pre-
sentation, shall be sold at such Time and in such Manner as
the Ex:ciesiastical Commissioners for Ireland may direct, so that
the best Price may be obtained for the same ; and it shall be
lawful for the Council, Commissioners, or Guardians of such
Body Corporate, and they are hereby authorized and required,
vith the Consent of the said Commissioners, or any Three or
more of them, in Writing under their Hands, to convey and
assure, under the Common Seal of such Body Corporate,
Commissioners, or Guardians, such Advowson, or such Right
of Nomination or Presentation as aforesaid, to the Purchaser
or Purchasers thereof respectively, his or their Heirs, Execu-
tors, Administrators, and Assigns, or to such Uses as he or they
shall direct; and the Proceeds of every such Sale shall be paid
to the Treasurer of the Borough, or of the Guardians respec-
tively, whose Receipt shall be a sufficient and effectual Discharge
to the Purchaser or Purchasers to whom the same shall be given
for the Amount of his or their Purchase Money ; and it shall
be lawful for the Council, Commissioners, or Guardians of
such Borough to direct that such Purchase Money, or any Part
thereof, shall be applied towards the Liquidation of any Debt
contracted before the passing of this Act by the Body Corporate
now seised of or entitled to the Property so sold, and if it shall
not be so applied it shall be invested in Government Securities,

• for

788

Certain Pro-
visions of
l&2Vict.c.SI.
citended to
Ireland

Provision re-
specting the
Warden and
Vicars Choral
of Galway.

Cap. 108. Municipal Corporaiionsy Ireland. 3 & 4 VicT.

for the Use of the Body Corporate, Commissioner^ or Guar-
dians, as in case of other Property under this Act, and the
annual Interest payable thereon shall be carried to the Account
of the Borough Fund : Provided always, that in case of any
Vacancy arising before any such Sale shall have taken place
and been completed, such V^acancy shall be supplied by the
Presentation or Nomination of the Bishop or Ordinary of the
Diocese in which such Benefice or Ecclesiastical Preferment is
situated.

CXLVIII. And be it enacted, That the several Provisions
contained in an Act passed in the last Session of Parliament,
intituled An Act for facilitating ike Sale of Chvrch Patronage
belonging to Municipal Corporations in certain Casesy shall, so far
as the same are applicable, be extended to every Right of No-
mination similarly circumstanced which shall at the Time of
passing this Act be vested in any Municipal Corporation in Ire^
landj or in any Member of such Corporation in virtue of his
Office as such; and every such Right of Nomination shall
become a Benefice Presentative, and the Curate or Minister
presented thereto shall be a Body Politic and Corporate.

CXLIX. Provided always, and be it enacted. That the
Body Corporate called "The Warden and Vicars Choral of
the Royal College or Collegiate Church of Galwcn^** shall
continue in force unless and until the same shall be dissolved
by the said Ecclesiastical Commissioners in manner herein-after
mentioned; and the Vicars Choral of the said College or
Collegiate Church siiall respectively continue to be such Vicars
Choral during their respective Lives, or until they respectively
shall resign or be removed from such Benefices respectively, or
the said College shall be dissolved in manner herein-after
mentioned; and that any Resignation made by the said
present Warden and Vicars Choral, or any of them, of their
respective Benefices, to the Bishop of TWim tor the Time bein^
shall be valid and effectual ; and the said Ecclesiastical Com*
missioners shall and they are hereby authorized and empowered^
if they shall think proper, by any Instrument in Writing under
their Corporate Seal, with the Consent of the Lord Lieutenant
and of Her Majesty's Privy Council in Ireland in Council
assembled (Six. at least consenting), and with the Consent of
the Bishop of Tuam^ to declare that the said College and Col-
legiate Church of Galway shall be dissolved upon the Deatlt,
Resignation, or Removal of the said present Wai'den ; and
that the Rectories and Vicarages which now belong to the said
College or Collegiate Church of GaJway shall thereupon be
divided into such separate and distinct Benefices or Parishes as
they shall think proper ; and that all Rent-chsurges in lieu of
Tithes, or Portions or Parcels of such Rent-charges, Churches^
Churchyards, and Burial Places, and other the Revenues^
Profits, and Emoluments now belonging to the said College
or Collegiate Church of Galway ^ shall be divided among and
united to the said distinct Parishes or Benefices respectively
as they shall direct; and that such Persons as shall be Vicars

^ Choral

1840. Municipal Corporations, Ireland. Cap. 108. 789

Choral of the said College or Collegiate Church at the Time
of such Dissolution shall become the Incumbents of such of
the said distinct Parishes and Benefices respectively as the
said Ecclesiastical Commissioners shall thereby direct ; and if
such Dissolution shall be made as aforesaid the said College
or Collegiate Church shall be dissolved upon the Death, Re-
signation, or Removal of the said present Warden, and the
said Vicarages and Rectories shall thereupon become distinct
Benefices and Parishes accordingly, and each of the Persons
who at the Time of such Dissolution shall be a Vicar Choral
of the said College or Collegiate Church shall thereupon by
virtue of this Act, and without any Presentation, Induction,
Institution, or other Ceremony, become Rector or Vicar of the
distinct Benefice or Parish of which such Vicar Choral shall be
directed as aforesaid to become the Rector or Vicar ; and the
Advowson, Right of Presentation, and Nomination to the said
Offices of Warden and Vicars Choral of the said College or
Collegiate Church of Galway^ or in case the same shall be
dissolved as aforesaid the Advowson or Right of Nomination
or Presentation to each of the distinct Benefices or Parishes
into which the Rectories and Vicarages aforesaid shall be di-
vided, shall be sold by the said Ecclesiastical Commissioners,
and the Purchase Money shall be applied in like Manner as
in the Case of any other Advowson is hereby directed to be
sold, and they are hereby empowered to make a valid Grant
and Conveyance thereof to any Purchaser or Purchasers
accordingly ; and the Purchase Money shall be paid to the
Commissioners for the Time being acting under the Act of
Parliament made and passed in the Sixth and Seventh Years
of the Reign of His late Majesty King WiUiam the Fourth, in-
tituled An Act for regtdating and impromng the Town ©/"Galway -^^w 4
in the County oftJie same Toumy to be by them applied in the first c.cxyu.
place in or towards the Payment of the Compensations, Pen-
sions, Stipends, and Allowances to become payable to Officers
of or other Persons connected with the Borough of Galway in
the Cases herein-after provided for ; and in the next place in
or towards the Payment of Debts due from the Body Corporate
of that Borough ; and if any Residue shall then remain of such
Pur.hise Money it shall be applied by the said Commissioners
in aid of the Funds or Rates vested in or which shall or may
become payable to the said last-mentioned Commissioners; and
in case of the Dissolution, of the said College or Collegiate
Church all the Ecclesiastical Jurisdiction and Powers belonging
thereto, or to the Warden thereoti shall be and are hereby vested
in the Bishop of Tuam for the Time being.

CL. And be it enacted. That in each of the Counties of In the Citi«
the Cities of Cork^ Dublin^ Kilkenny^ Limerick^ and Waterford, ^erein meii.
and in the Counties of the Towns of Carrickfergus^ Drogheda^ tcTbe appointed
and Galway^ before the Twenty-ninth Day of September, in the by the Lord
Year following the Year in which this Act shall come into Li«»t«nM«-
operation in each of the said Cities and Towns respectively,
and in every succeeding Year, a Sheriff shall be appointed by

the

790 Cap. 108. Municipal Corporations, IrdancL 3 & 4 Vict*

thq Lord Lieutenant in the same Manner to all Iiitents and

Purposes as the Sheriff of any County at large in Ireland is

now by Law nominated and appointed.

Continuance CLI. And be it enacted, That every Person who at the

in OASto o^- Time when this Act shall come into operation in any of the

"*°^ said Cities or Towns shall hold the OflBce or execute the

Duties of Sheriff in the said Counties of Cities and Towns

respectively shall hold and execute the same until the first

Appointment of a Sheriff therein under the Provisions of this

Sheriffs decL Act, and no longer : Provided always, that if when this Act

shall come into operation in any of the said Counties of Cities

or Towns there shall be a Sheriff or Sheriffs elect, he or they

shall come into Office at the same Period as if this Act had

liot been passed, and shall hold his or their Office until the

Appointment of a Sheriff in that City or Town under this

Act.

Sheriflkof the CLIL And be it enacted. That after the passing of this Act

of L^nd^d^ a Sheriff of the County named the City and County of London-

to be nominated derry shall be nominated and appointed by the Ix)rd Lieu-

by the Lord tenant of Irelandy in the same Manner to all Intents and Pur-

Lieutenant. poses as the Sheriff of any other County at large in Irekmd is

now nominated and appointed; and until the Sheriff first to be
nominated and appointed for the said City and County of Lon-
(londern/t under the Provisions of this Ac^ shall enter upon his
Office, the Persons who at present fill the Office of Sheriffs of
the said City and County of Londonderry, or the* Survivor of
them, shall be and remain tiie Sheriffs or Sheriff of the City
and County of Londonderry, and shall fulfil and execute the
Duties of the said Office.
In certain Bo- CLIII. And be it enacted. That the Council of every Bo-
roughs Council rough in which a separate Court of Quarter Sessioi^ of the
Coroner. Peace shall be holden, as is herein-after provided, shall, witliin

Ten Days next after the Grant of the said Court shall have
been signified to the Council of such Borough, appoint a fit
Person, not being an Alderman or Councillor, to be Coroner
of such Borough so long as he shall well behave himself in his
Office of Coroner, and shall fill up every Vacancy in the
Office of Coroner of the Borough, occurring by Death, Resig-
nation, or Removal, within Ten Days next after such Vacancy,
and none thereafter shall take any Inquisition which belongs to
the Office of Coroner within such Borough, save only the
Coroner so from Time to Time to be appointed ; and in such
of the said Boroughs as are not Counties of Cities or Coun-
ties of Towns, every such Coroner, for every Inquisition
which he shall duly take within such Borough, shall be entitled
to have the Sum of Twenty Shillings, to be paid by the Trea-
surer out of the Borough Fund of such Borough, by Order of
the Court of Quarter Sessions for such Borough : Provided
always, that no Person shall be fleeted as Coroner as aforesaid
who shall not be seised or possessed of such an Estate in some
Part of Ireland as would qualify him to serve as a Coroner for a
.County according to the Acts now in force in Ireland in relation

to

1840. Mmidpal Carparatumsj Ireland. Cap-iod- 791

to the Office of Coroner ; and every such Person shall, before he
acts as such Coroner, take and subscribe all Oaths now required
to be taken by a Coroner in Ireland^ and shall be liable to be
removed by the Court of Chancery in Ireland in the same
Manner as any Coroner in Ireland may now be removed
by that Court : Provided always, that in every such Borough
as is a County of a City or County of a Town every Coroner
now authorized to act therein shall be re-appointed by the
Council without regard to the Estate of which he may be
seised or possessed : Provided also, that every Coroner of every
such Borough as is a County of a City or Cojinty of a Town
shall be paid and remunerated in such Manner and out of
such Funds as the Coroner or Coroners of each such County
of a City or County of a Town is or are now paid or remune-
rated respectively, and not otherwise.

CLIV. And be it enacted. That on or before the Tenth Coroners to
Day of January in every Year after the passing of this Act JJ^^^™
every Coroner appointed in any Borough shall make and tenant,
transmit to the Lord Lieutenant of Ireland a Return in
Writing, according to such Form as the said Lord Lieute-
nant from Time to Time shall direct, of all the Cases in which
he may have been called upon to hold an Inquest touching the
Cause of Death of any Person during the Year ending on the
Thirty-first Day of December immediately preceding, and a
Copy of the Finding of the Jury on every such Inquest.

CLV. And be it enacted. That in every Borough in and County Coro-
for which no separate Court of Sessions of the Peace shall be "^ •^^ '"
holden no Person, after the First Day of December next after "
the First Election of Councillors under this Act in that Bo-
rough, shall take any Inquisition which belongs to the Office of
Coroner within such Borough, save only the Coroner for the
County at large in which such Borough is situated ; and in every
Borough in which a Coroner shall not be elected and acting
under this Act the Coroner for the County in which such
Borough is situated, and in case of a County of a City or Town
the Coroner of the adjoining Ciounty, or any of th^m, shall
take any Inquisition which could be taken by a Coroner
elected under this Act, and have all the Powers and Authorities
of such Coroner ; and such Coroners of Counties at large, and
the Coroners of each Coun^ of a City and County of a Town,
shall be entitled to be paid for the Inquisitions which they shall
duly take as aforesaid in manner now provided for by Law, and
not otherwise.

CLVI. And be it enacted. That in case of Illness or unavoid* Coroners of
able Absence the Coroner for the Time beinff of any Borough, ^^^^
Town, or City in Ireland shall be empowered, and he is hereby may appoint
required, by Writing under his Hand and Seal, to appoint a Deputiet
fit Person, being an Attorney of One of Her Majesty's Courts
in Dublin, and not being an Alderman or Councillor of such
Borough, Town, or City, to act for him as Deputy Coroner
during the Illness or unavoidable Absence of such Coroner,

but

7^ Cap. 1 08. Municipal Corporations^ Ireland. 3 & 4 Vicr.

but no longer or otherwise: Provided always, that the Mayor

or Two Justices of such Borough, Town, or City shall on each

Occasion certify under their Hands and Seals the Necessity for

the Appointment of such Deputy Coroner, and such Certificate

shall state the Cause of Absence of the Coroner, and shall be

openly read to every Inquest Jury summoned by such Deputy

Coroner, and the Particulars of every Inquest holden before

any Deputy Coroner shall be included in the Return to be

made by the Coroner to the Lord Lieutenant as herein provided.

Commission of CLVII. And be it enacted, That it shall be lawful for Her

Justiea of Majesty from Time to Time to assign to so many Persons as

issued for oer- She shall think proper Her Majesty's Commission to act as

tain Boroughs. Justices of the Peace in and for each Borough named in the

said Schedule (A.) to which Her Majesty may be pleased to
grant a Commission of the Peace, and also in and for the
Towns of Galfjoay and Carrickfergus respectively: Provided
nevertheless, that every Person so to be assigned shall reside
within the Borough for which he shall be so assigned, or within
Seven Miles of such Borough or of some Part thereof, during
such Time as he shall act as a Justice of the Peace in and for
such Borough.
Council may CLVIII. And be it enacted. That if the Council of any

r^whfch'air' Borough named in the said Schedule (A.) shall think it re-
Crown may quisito that a salaried Police Magistrate or Magistrates be
appoint salarie4 appointed within such Borough, such Council is hereby em-
usticcs. powered to make a Bye Law fixing the Amount of the Salary

which he or they are to receive in that Behalf; and such Bye
Laws so made by any Council as aforesaid shall be transmitted
to the Lord Lieutenant of Ireland^ and the Lord Lieutenant
thereupon shall be authorized to appoint so many fit Persons
as are specified in the said Bye Law (being Barristers at Law
of not less than Six Years standing) to be, during Her Majesty's
Pleasure, Police Magistrate or Magistrates and a Justice or
Justices of the Peace for such Borough, and to direct that
such Sum shall be paid quarterly out of the Borough Fund of
such Borough as will be sufficient to pay such yearly Salary to
each of the Justices so assigned as last aforesaid, not exceeding
in the whole tlie Salary mentioned in the Prayer of such Peti-
tion, clear of all Fees or Deductions, as to the Lord Lieutenant
shall seem fit ; and the Treasurer of such Borough shall there-
upon pay to each Justice so assigned as last aforesaid, out of
the Borough Fund of such Borough, the Salary so directed to
be paid, by Four equal quarterly Payments, and in the same
Proportion, up to the Time of the Death of such Justice, or his
ceasing to act under such Assignment as aforesaid: Provided
that in every Case of Vacancy of the OflSce of Police Magistrate
in any Borough aforesaid no new Appointment of Police Magis-
trate in such Borough shall be made until the Council shall
again make Application to the Lord Lieutenant in that Behalf,
as in the Case of the first Appointment of a Police Magistrate
in such Borough.

CLIX. And

1840. .Municipal Corporations^ Ireland. Cap. 108. 793

CLIX. And be it enacted. That the Council of every Borough Council ^ pro-
lo which a separate Commission of the Peace shall be granted OfBce.
under the Provisions of this Act shall be authorized and re-
<|uired to provide and furnish One or more fit and suitable
Office or Offices, to be called " The Police Office " or Offices
of the Borough, for the Purpose of transacting the Business
of the Justices of the Borough, and to pay from Time, to Time,
out of the Borough Fund, such Sums as may be necessary for
providing, upholding, and furnishing, and for the necessary
£xpences of such Police Office or Offices ; and the Council of
every such Borough shall, in case the Borough Fund shall iiot
be sufficient, or in case there shall be no Borough Fund, have
the Power of including in and paying out of the Borough Rate
of such Borough such Sum as shall be required for providing,
upholding, and furnishing, and for the necessary Expences of
such Police Office or Offices ; and no Room in any House licensed
as a Victualling House or Alehouse shall be used for the Purpose
of any such Police Office.

CLX. And be it enacted, That every Person assigned to Justices unf^"
keep the Peace within any Borough under the Provisions of ^|jjd notto'^Ue*
this Act, or any of them, shall, during the Continuance of such qualified by
Assignment, execute the Duties of a Justice of the Peace in £sute.
and for the Borough for which he shall have been so assigned,
although such Person may not be a Burgess of the Borough
in and for which he shall have been assigned to act as a Justice
of the Peace, and although he may not have such Qualification
by Estate as is required by Law in the Case of other Persons
being Justices of the Peace for a County, so nevertheless that
such Person be not disqualified by Law to act as a Justice of
the Peace for any other Cause or upon any other Account
than in respect of £state.

CLXI. And be it enacted, That every Summons for tlie How far Sum-
Appearance of any Person, or Warrant to compel such Appear- warMfcTnuiy
4mce, or Warrant for the Apprehension of any Person charged be enforced,
with any Offence, or Search Warrant, issued by any Justice of
the Peace acting in and for any Borough in any Matter within
his Jurisdiction, may be respectively served and executed within
any County in which the said Borough shall be situated, or
within any Distance not exceeding Seven Miles from such
Borough, and within such Limits as aforesaid, shall have the
same Force and Effect as if the same had been originally issued
or subsequently endorsed by a Justice of the Peace having
Jurisdiction in * the Place where the same shall be served or
executed, any Law, Statute, Charter, or Usage to the contrary
notwithstanding; and every such Summons and Warrant shall
and may be lawfully served or executed within such Limits as
aforesaid by the Constable to whom the same shall be directed,
or by any Constable or other Peace Officer of the County,
Borough, Parish, or Place in which the Person named in such
Summons or Warrant may be.

CLXIL And be it enacted, That it shall be lawful for the Justices to «p.
Justices of every Borough in which a separate Commi39ion of Jio shall not be

the the Tovn Clerk

794

or of thd Coun-
oily nor be con-
cerned in the
Prosecution of
Offenders j»m-
mitted by the
Borough Jus-
tices.

Cap. 108.

Municipai Corporations, Ireland. 3 & 4 Vict.

Recorder to be
appointed by
Her Miyesty
in certain
Boroughs.

the Peace is continued or shall be granted under this Act, at
their first or any other Meeting, and they are hereby respec-
tively required, to appoint a fit Person to be the Clerk to the
Justices of such Borough, to be removeable at their Pleasure,
and so as often as there shall be a Vacancy in the said OflBce
of Clerk to the Justices by Death, Resignation, RenK>val, or
otherwise: Provided that it shall not be lawful for the said
Justices to appoint or continue as such Clerk to the Justices
any Alderman or Councillor of such Borough, or Clerk of. the
Peace of such Borough, or the Partner of such Clerk of the
Peace, or any Clerk or Person in the Employ of such Clerk
of the Peace : Provided also, that it shall not be lawful for the
said Clerk to the Justices, by himself or his Partner, to be
directly or indirectly interested or employed in the Prosecution
of any Offender committed for Trial by the Justices of whom
he shall be such Clerk as aforesaid, or atiy of them, at any
Court of Gaol Delivery or General or Quarter Sessions; and
any Person being an Alderman or Councillor, or Clerk of the
Peace of any Boi'ough, or the Partner or Clerk or in the
Employ of such Clerk of the Peace, who shall act as Clerk to
the Justices of such Borough, or shall otherwise ofRend in the
Premises, shall for every such Offence forfeit and pay tbe Sum
of One hundred Pounds, one Moiety thereof to the Treasurer
of such Borough, to be paid over to the Credit and Account of
the Borough Fund of such Borough, and the other Moiety
thereof, with full Costs of Suit, to any Person who will sue for
the same in any of Her Majesty's Courts of Record in Dublin.

CLXIII. And be it enacted, That the Council of every
Borough except the City of Dublin, which shall be desirous that
a separate Cotirt of Quarter Sessions of the Peace, or a Court
of Record for the Trial of Civil Actions, shall be or continue
to be holden in and for such Borough, shall signify the same
by Petition to the Lord Lieutenant and Privy Council in
Ireland, setting forth the Grounds of the Application, and the
Salary which they are willing to pay to the Recorder in that
Behalf ; and it shall be lawful for Her Majesty, if She shall
be pleased, thereupon to grant that a separate Court of Quarter
Sessions of the Peace, or a Court of Record for the Trial of
Civil Actions, shall thenceforward be holden in and for such
Borough; and the Lord Lieutenant may appoint for such
Borough, or for any Two or more of such Boroughs conjointly,
a fit Person, being a practising Barrister at {Law of not less
than Six Years standing, who shall be and be called the Re-
corder of such Borough or Boroughs, and shall hold such OflSce
during his good Behaviour; and the Lord Lieutenant upon
any vacancy in any such Office, may appoint another fit
Person, being a practising Barrister at Law of not less than
Six Years standing, to be the Recorder in the Place of the
Person so making such Vacancy; and it shall be lawful for
the said Lord Lieutenant to direct that an annual Salary, not
exceeding the Sum stated in the Petition of the Cotmcil, shall
be paid to such Recorder by the Treasurer of such Borough

out

1840. Munidpd CcrpoTotwnsj Irdcmd. Cap. 108. 795

out of the Borough Fund, except that no Salary or Emolument
(other than Fees) shall be paid to the Recorder of the said
Town of Carriekfergusj and that Her Majesty may grant tliat a
Court of Quarter Sessions of the Peace, and a Court of Record
for the Trial of Civil Actions, or either of them, shall be or con-
tinue to be holden in and for that Town, and also in and for
the said Town of Galway, without any Petition for that Pur-
pose having been made to the Lord Lieutenant and Privy
Council in Ireland: Provided always, that in every such Borough
in and for which a separate Court of Sessions of the Peace, or a
Court of Record for the Trial of Civil Actions, is now holden,
and of which the present Recorder or Deputy Recorder is a
Barrister of Six Years standing, such Recorder or Deputy
Recorder, being qualified as aforesaid, and acting in the Per-
formance of the Duties of the said Office, shall be continued or
appointed a Recorder under the Provisions of this Act, and
shall be paid out of the Borough Fund the Salary now payable
to the Recorder by ,the Corporate Body, or such increased
Salary as shall have been signified and directed as aforesaid :
Provided also, that the Expences of th^ Prosecution, Main-
tenance, and Punishment of Offenders committed from the
Borough for Trial at the Sessions of the Peace for such
Borough shall be defrayed in such Manner as such Expences
are now defrayed with respect to Offenders committed for Trial
at the Sessions of the Peace now havine Jurisdiction within
such Borough respectively, and out of such Funds as are now
by Law applicable to defray the same.

CLXIV. And be it enacted. That the Recorder of the City Recorder of the
of Dublin, and his Successors in that Office, shall have all such Citj of Dublin.
Powers and Authority as are now vested in the Sessions Court
of the City of Dublkii or in the Recorder or Lord Mayor of
the said City, either solely, or jointly with any other Member
or Members of the Corporation of the Lord Mayor, Sheriffs,
Commons, and Citizens of the City of Dublin ; and if the
Recorder of Dulflin for the Time being shall vacate his said
Office the Lord Lieutenant shall appoint a fit Person, being a
practising Barrister at Law of not less than Six Years standing,
to be Recorder in lieu of the Recorder so vacating the said
Office; and the Recorder so from Time to Time appointed
shall have the like Powers and Authorities as are hereby given
or continued to the said Recorder of Dublin; and the Re-
corder of Dublin for the Time being shall be entitled to such
Salary as any Recorder of Dublin would be entitled to if this
Act had not been passed, and out of the same Funds, subject
however to the Powers and Provisions of any Act or Acts now
in force in relation to the Salary or Emoluments of such Re*
corder, and shall hold Office during good Behaviour ; and every
such Recorder shall hold a Court of Sessions of the Peace in and
for the City of Dublin as herein-before, and in Schedule (C.) to
this Act annexed, defined, at such Times and «within such
Intervals as the Court of S^sions of the Peace is or ought to
be holden in the said City, or at such other and more frequent
[No. 61. Price 2<i] 3 E Times

796 Cap. 108. Municipal CorparatianSf Irekaid. 8 8c 4 Vict.

Times as the said Recorder in his Discretion may think fit,
and shall sit as sole Judge in such Court
Existing Courta CLXV. ^ And whereas in several of the Boroughs named in
of Record in c the said Schedule (B.) there are Coi^rts of Record for the Trial
SchedSeVB.) * ^^ ^^^^^ Actions, and such Courts, when well r^ulated, have
to be continued < been found useful to the Inhabitants of the said Towns ;' be it
™!^fj«'- enacted, That from and after the passing of this Act all the
LordLbu-^ Powers, Authorities, Usages, and Jurisdiction of any existiiig
tenant. Court of Record in every Town named in the said Schedule

(B.) to this Act annexed, in which the Body Corporate named

in conjunction with the said Borough in the said Schedule shall

be dissolved by virtue of this Act, whether the same shall

have been established by Usage, Statute, or otherwise, shall

continue in the same Manner as if this Act haH not been

passed, until the Lord Lieutenant shall think proper to deter-

• mine the same ; and at any Time it shall be lawful for the

Lord Lieutenant, by an Order under his Hand, to declare

that any such Court shall be discontinued at a Time to be

mentioned in such Order, and to be not less than Two Calendar

Months after the Date of such Order; and every such Order

shall be advertised in the DuSlin Oazette ; and at the Time

appointed for that Purpose in such Order such Court of

Record, and all Powers, Authorities, and Jurisdictions thereof,

shall wholly cease and determine, save only as to the Execution

of any Decrees or Orders of the said Court theretofore lawfully

made ; and the present Judge and other Officers of the said

Court shall, during the Continuance thereof, remain in their

respective Offices, .notwithstanding he, they, or any of them

. may have ceased to hold any Office by virtue of which he or

they shall be such Judge or Officer or Officers; and upon

any future Vacancy in tne Office of Judge of any such Court

the Lord Lieutenant shall appoint a fit Person, being a Barrister

of not less than Six Years standing, to be Judge of such Court

during the Continuance thereof and his good Behaviour; and

upon any Vacancy in any other Office belonging to such Court

the Judge of the Court shall appoint a fit Person to supply

such Vacancy.

Recorder to be CLXVI. And be it enacted, That the Recorder for the

a Justice of the Time being of any Borough, as well of Dublin as of any other

FMoeforthe Borough, shall be a Justice of the Peace of and for such

Borough, although he may nor have such Qualification by
Estate as is required by Law in the Case of any other Person
being a Justice of the Peace for a County; and such Recorder
shall have Precedence in all Places within the Borough of
which he may be the Recorder next after the Mayor thereof:
Provided always, that no Person being such Recorder as afore-
said shall be eligible to serve in Parliament for such Borough,
nor shall he be an Alderman, Councillor, or Police Magistrate
of such Borough ; but nothing in this Act contained shall be
construed to disqualify any such Recorder from being eligible
to sit in Parliament otherwise than is herein provided : Pro-
vided also, that in case of Sickness or unavoidable Absence

2 the

1 840. Municipal Corporations^ Ireland, Cap. 1 08. ' 797

the Recorder of any Borough shall be empowered, under his
Hand and Seal, with the Consent of the Lord Chancellor,
Keeper or Commissioners of the Great Seal in Ireland^ for the
Time being, to appoint a Deputy Recorder, being a practising
Barrister of Six Years standing, to act for him at the Sessions
of the Peace then next ensuing, and in such Court of Record,
for any Time not exceeding Three Calendar Months* and no
longer or otherwise.

CLXVIL Provided nevertheless, and be it enacted, That no Ju«tlceitoiinke
Recorder or Person assigned as aforesaid to keep the Peace before acting,
within any such Borough shall be capable of acting as Re-
corder or Justice of the Peace within such Borough until he
shall have taken the Oaths provided to be taken by Justices of
the Peace, except any Oath as to Qualification by Estate, and
until he shall have made, before the Mayor or before any Two
or more of the Aldermen or Councillors of such Borough, or if
there shall not be any Mayor, Alderman, or Councillor, before
any Justice of the Peace for the County in which such Borough
shall be situate, or any adjoining County, (who is and are
hereby authorized and required to administer the same,) a
Declaration in the following Form ; (that is to say,)

* J -(4.-B. do hereby declare. That I will faithfully and im-
< partially execute the OflSce of Recorder [or Justice of the

* Peace] for the Borough of » according to the
' best of my Judgment and Ability.'-

CLXVIlI. And be it enacted. That the Recorder of every SearioMofUie
Borough continued or appointed under this Act shall hold, once forSeBoi^Ijgh,
in every Quarter of a \ear, or by Adjournment or otherwise, ofvhichthe
at such other and more frequent Times as the said Recorder R«»rder is to
in his Discretion may think fit, or as the Lord Lieutenant shall ^^^^ *
from Time to Time think fit to direct, a Court of Quarter Ses-
sions of the Peace in and for such Borough, of which Court the
Recorder of such Borough shall sit as the sole Judge; and such
Court of Quarter Sessions of the Peace shall be a Court of Re-
cord, and shall have Cognizance of all Crimes, Offences, and
Matters whatsoever cognizable by any Court of Quarter Ses-
sions of the Peace for Counties in Ireland ; and the said Re-
corder shall have Power to do all Things necessary for exercising
such Jurisdiction, notwithstanding his being such sole Judge, as
fully as any such last-mentioned Court : Provided nevertheless,
that no Recorder by virtue of his Office shall have Power to
exercise any of the Powers herein specially vested in the Council
of such Borough.

CLXIX. Provided always, and be it enacted. That in every In ^h«t Cmb
Case in which any Court of Quarter Sessions of the Peace for a ^e'^f l^-
County shall be holden in any Borough named in either of the rate Court of
said Schedules (B.) and (I.), or within Seven Miles therepf, a«*rt« Ses-
at the Time of the Incorporation of such Borough, in pur- g^ughg.
suance of such Petition as aforesaid, no Grant of a separate
Court of Quarter Sessions for such Borough shall be made,
notwithstanding any Petition for such Qrant, so long as such

3 E 2 Court

798

Cap.lO&

Municipal CorporationSf Ireland. 8 & 4 Vict.

Mayor, in the
Absence of the
Recorder and
Deputy Re-
corder, may
open and ad-
journ the Court.

Ca]ntal Juris-
dictions, and all
other Criminal
Jurisdictions in
Boroughs, other
than are speci-
fied in this Actf
abotished.

Proriso.

ORbnderseom*
mitted to Bo-
rough Sessions
whose Jurisdic-

Court of Quarter Sessions for the County shall continue to be
so holden as aforesaid.

CLXX. And be it enacted, That^ in the Absence of the
Recorder and Deputy Recorder, the Mayor shall be authorized
and required, at the proper Times appointed for the holding
of such Court of Sessions of the Peace in and for such Borough,
to open the said Court, and to adjourn over the holding of the
same, and to respite all Recognizances conditioned for appear-
ing at the same, until such further Day as such Mayor then
and there, and so from Time to Time, shall cause to be pro-
claimed : Provided nevertheless, that nothing in this Act con-
tained shall authorize or require any such Mayor to sit as a
Judge of the said Court for the Trial of Offenders, or to do
any otlier Act in the Character of a Judge of such Court,
save only in opening and adjourning the said Court, and re-
spiting the said Recognizances in manner aforesaid: Provided
also, that in the Town of Carrickfergus^ until the Grant of a
Charter of Incorporation, and the Election of a Council under
the Provisions of this Act, and that in the Absence of the Re-
corder and Deputy Recorder, tlie Clerk of tlie Peace, or other
Person discharging the Duties of that Office, and the Registrar
of the Court of Record, instead of the Mayor, shall and they
are hereby respectively authorized to open and adjourn over
the said respective Courts, and to respite Recognizances con-
ditioned for appearing at the sam&

CLXXI. And be it enacted. That after the First Day of
January in the Year following that in which this Act shall come
into operation in any Borough, all Powers and Jurisdictions
to try Treasons, Capital Felonies, and all other Criminal
Jurisdictions whatsoever, granted or confirmed by any Law,
Statute, Letters Patent, Grant, or Charter whatsoever to any
Mayor, Bailiff, Alderman, Recorder, or other Corporate or
Chartered Officer, or Corporate or Chartered Justice of the
Peace whomsoever, in that Borough, except the Recorder of
DubKuj and all Right of any Body Corporate in that Borough,
or any of the Members thereof, by virtue of any Law, Statute,
Letters Patent, Grant, or Charter whatsoever, to elect or
nominate any Justices to keep the Peace in or for any Borough,
or by any Members of any such Corporate Body to act as such
Justices of the. Peace in or for any Borough, other than is
herein declared, shall cease : Provided nevertheless, that nothing
in this Act contained shall be construed to restrain or prevent
the holding of any Court of Gaol Delivery or General or
Quarter Sessions of the Peace in and for any Borough for which
such Court may now be holden, until the said I^irst Day of
January^ but every such Court may be holden in like Manner
and with the same Powers until the said First Day of January
as if this Act had not been passed.

CLXXIL And be it enacted. That after th^ last-named
First Day of January every Person who shall then stand
committed to take his Trial at any Court of Gaol Delivery,

General

1840, Munidpd CorporaiUmM^ Irdand. Cap.lO& 799

General or Quarter Sessions of the Peace for any Borough, ^on is taken
charged with any Offence which the Recorder of such Borough *^'i^tJ^ ^.
afetr the said First Day o{ January will not have the Jurisdiction jomiog County.
to try, may be lawfully removed and committed to the Gaol
or House of Correction of the County in which or adjoining to
which such Borough is situated, there to remain and take his
Trial at the next Court of Quarter Sessions for such County,
if the Oflence is cognizable by a Court of Quarter Sessions,
and if not, then before the Judges of Oyer and Terminer and
Gad Delivery at their next Circuit; and all .Persons, bound
by Recognizance to prosecute and give Evidence against such
Offenders shall be bound to appear to prosecute and give their
Evidence at the Court at which such Offenders shall be tried
as aforesaid ; and all such Recc^nizances, and all Depositions^
relating to such Charges, shall be transmitted to the proper
Officer of the Court where such Offenders shall be tried ; and
the Sheriff, Under Sheriff, Gaolers, and other Officers of the
County in which such Offenders shall be so tried are hereby
authorized and required in every such Case to receive every
Prisoner so committed to their Custody, and him safely to keep
until delivered by due Course of Law ; and the Judges of Assize
and others named in Her Majesty's Commissions of Oyer and
Terminer and Gaol Delivery, or the Justices for the County,
as the Case may be, in which such Offenders shall be tried, are
hereby authorized and required to hear and determine all such
Cases, and to order the Payment of the usual and fit Expences
of the Prosecutors and Witnesses and all other Costs and Ex-
pences which in like Case may be directed to be paid by Order
of the Court

CLXXIII. And be it enacted. That after the last-named County Justices
First Day of January the Justices assigned or hereafter to be J?''.*^.*^'™"
assigned to keep the Peace in and for the County in which any B^J^j^^hich
Borough is situated, to which Her Majesty shall not have iMvenotaaepa-
granted that a separate Court of Sessions of the Peace shall be rate Court of
holden in and for the same, shall exercise the Jurisdiction of ^JJ^°^***®
Justices of the Peace in and for such Borough as fully as by
Law they and each of them can or ought to do in and for the
said County ; and no Part of any Borough in and for which a
separate Court of Quarter Sessions of the Peace shall be holden
shall be within the Jurisdiction of the Justices of any County
from which such Borough before the passing of this Act was
exempt, any Law, Statute, Letters Patent, Charter, Grant, or
Custom to the contrary notwithstanding: Provided also, that
it shall be lawful for every Justice of the Peace of any such
Borough as last aforesaid (not being a Stipendiary or Police
Magistrate) to attend from Time to Time with the Justices of
the Peace in and for any such County as last aforesaid, and,
with the Ces^-payers associated with them, to hold Special or
Presentment Sessions for the Purposes, in the Places, and at
the Times appointed, according to the Provisions of the Act
passed in the Session of Parliament held in the Sixth and
Seventh Years of the Reign of His late Majesty King WiUiant

3 E 3 the

800

Cap. 10&

Municipal CarporationM* Ireland. j3 & 4 Vicr.

Chartered Ad-
miralty Juri»-
dictions abo-
lished.

Jurisdiction
of Court of
Record*

$&7W.4.c.ii6. the Fourth, intituled An Act to consolidate cand canmd ihe Laws

relating to the Presentment of Public Money bu Grand Juries in
Ireland, or any Act for the Amendment uiereof, and to do
all Acts in respect of such Special or Presentment Sessions
as fully as any Justices of the Peace in and for the said
County by Law can or ought to do, so as that such Special or
Presentment Sessions are held within such Borough, or within
Seven Miles of such Borough, or some Part thereof.

CLXXIV. And be it enacted, That from and after the pass-
ing of this Act so much of all Laws, Statutes, and Usages, and
so much of all Royal and other Charters, Grants, and Letters
Patent heretofore granted to any Borough, or any Body Corpo-
rate in any Borough, whereby such borough, or any Place
within the Precincts or Liberties of the same, or such Body
Corporate, or the Freemen or Inhabitants of the same, claims or
claim to be exempted and released from the Jurisdiction and
Office of the Lord High Admiral of England^ or of the High
Court of the Admiralty of England or Ireland^ or whereby
any such Body Corporate, or any Mayor, Bailiff, Recorder,
Steward, or other Chartered or Corporate Officer of any Bo-
rough, has or claims any thing belonging to the Office of
Admiral, whether or not to be exercised by virtue of any Com-
mission to them or any of them to be directed, shall be and
the same is hereby repealed.

CLXXV. And be it enacted. That in every Borough to
which Her Majesty shall have granted, or in which there shall
continue to be, a separate Court of Sessions of the Peace, or a
Court of Record for the Trial of Civil Actions as aforesaid,
there shall be holden or continue to be holden a Court of
Record for the Trial of Civil Actions; and the Recorder of
such Borough shall be the sole Judge of such Court, and in all
Cases where by Charter or Custom there is or ought to be
holden such a Court of Record, shall have Jurisdiction to* hold
and continue such Court at such Times and Places, and with
such Rules and Practice, and with the same Powers and Juris-
diction as belonged to the said Court at the Time of the pass-
ing of this Act ; and in every Case in which such Court had
not, before the passing of this Act, Authority to try, in manner
herein-after provided for, such Actions as are hereinnafter men-
tioned, such Recorder shall have Authority to try, in a summary
Way as herein-after provided. Actions of Assumpsit, Covenant,
and Debt, whether the Debt be by Specialty or on Simple
Contract, and all Actions of Trespass or Trover for taking
Goods and Chattels, provided the Sum or Damages sought to be
recovered shall not exceed Twenty Pounds, and either the
Cause of Action shall have accrued within such Borough, or the
Defendant or One of the Defendants shall be resident therein,
and also all Actions of Ejectment between Landlord and
Tenant wherein the annual Kent of the Premises of which Pos-
session is sought to be recovered shall not exceed Twen^
Pounds ; and also to try, according to the Course of the Com-
mon Law, Actions of Assumpsit, Covenant, and Debt, whether

the

1840. Munidpal Corparaiianti Irdand. Cap.lO& 80V

the Debt be by Specialty or on Simple G>iitract, and all
Actions of Trespass or Trover for taking Goods and Chattels,
provided the Sum or Damages sought to be recovered shall not
exceed Fifty Pounds, and the Cause of Action shall have accrued
within such Borough ; and such Actions shall not be removed
or removeable to any of Her Majesty's Superior Courts, by
Writ of Certiorari or any other Process, save Writ of Error
after Judgment, where the Proceeding is according to the
Course of the Common Law: Provided also, that every such
Judge respectively from Time to Time may make Rules for re-
gulating the Practice and Pleading of such Court over which he
presides, but so that no such Rules shall be of Force until
they shall have been allowed and confirmed by the Judges of
Her Majesty's Court of Queen's Bench in Dublin, or any
Three of them : Provided also, that nothing in this Act shall
abridge, alter, or affect the Jurisdiction of any Assistant Bar-
rister, or Chairman, or the Recorder of the City of Dublin, in
any Proceeding by Civil Bill under any Act or Acts of
Parliament now in force in Ireland.

CLXXVL And be it enacted. That in every Borough, being Appointment of
a County of a City or County of a Town, wherein toe Office S^^or*a«li
of Clerk of the Crown or Clerk of the Peace is now by Law of the PcMe^
in the Appointment of the Corporation of such Borough, or
any Member or Officer thereof, or the Court of Quarter Sessions
or Justices of such Borough, or held by any Officer of any such
Corporation in right of his Office, and in every Borough, not
being a County of a City or County of a Town, to which a
separate Commission of the Peace shall be granted, it shall and
may be lawful for the Lord Lieutenant to grant from Time
to Time to any Person the Offices of Clerk of the Peace and
Clerk of the Crown of such Borough, or either of them ; and
the Clerk of the Peace of the County of Londonderry and the
Coroners of the said County shall, whenever after the passing
of this Act such Offices respectively shall become vacant, be
appointed and elected in the same Manner as the Clerk of the
Peace and Coroner of any other County at large in Ireland :
Provided always, that nothing herein contained shall prejudice
or affect any Right which any Person may have to any such
Office, by reason of any such Appointment heretofore legally
made.

CLXXVn. And be it enacted. That in any Borough wherein Appointment
there shall be a Court of Record for the Trial of Civil Actions coSfrfR^
the Recorder shall appoint such Officers and Servants as are c^ &e.
necessary for carrying on the Business and executing the Pro-
cess of such Court ; and that no Registrar or other Officer of
such Court shall, by himself or his Partner, practise as an
Attorney in such Court.

CLXXVIIL And be it enacted. That no Suit commenced Existing Suitl
in any Court of Record in any Borough before the passing of "^^^1^^
this Act shall abate by reason of any Change that shall have ciumffe of
been worked in the Constitution of such Court by the Provisions J^&otm.
of this Act, but that the same may be heard and determined

3 £ 4 as

«

802 Cap. 108. Municipal Corporationsy IrdancL 3 & 4 Vict*

as if it had been commenced before such Judge accoitling to
the Provisions herein-before contained in that Behalf.
Who to be CLXXIX. And be it enacted, That from and after the

Jurors. Time when this Act shall come into operation in any Borough,

including the City of Dublin, every Person being a Burgess of
any Borough wherein there shall be a separate Court of Ses-
sions of the Peace, or a Court of Record for the Trial of Civil
Actions, (who would be qualified to serve on a Jury according
to the Provisions of an Act passed in the Session of Parliament
holden in the Third and Fourth Years of the Reign of His
d&4W.4.f.9i. late Majesty King William the Fourth, intituled An Actjbr con-

solidating and amending the Laws relative to Jurors and Juries in Ire-
land,) shall be qualified and liable to serve on Grand Juries at
Sessions in such Borough, and also upon Juries for the Trial
of all Issues joined in any Court of Sessions of the Peace
and in any Court of Record for the Trial of Civil Actions
triable within the Borough of which such Person shall be a
Burgess ; and the Clerk of the Peace of every such Borough
shall give public Notice of the Time and Place of holding every
such Sessions of the Peace Ten Days at least before the holding
thereof, and in Boroughs being Counties of Cities or Counties
of Towns the Sheriff thereof and in other Boroughs the Cleric
of the Peace thereof, shall. Seven Days at the least before the
holding thereof, cause to be summoned a sufficient Number
of Persons, being qualified and liable as aforesaid, to serve as
Grand Jurors at such Sessions ; and in Boroughs being Counties
as aforesaid the Sheriff, and in other Boroughs the Clerk of
the Peace and Registrar of the Court of Record respectively,
shall also cause to be summoned not less than Thirty-six nor
more than Sixty Persons, so liable and qualified as aforesaid,
to serve as Jurors at every such Sessions, and at the holding of
every such Court of Record for the Trial of Causes ; and such
Summons shall be made by showing to the Person to be sum-
moned, or in case he shall be absent from the usual Place of
his Abode by leaving with some Person therein inhabiting, a
Note in Writing under the Hand of such Sheriff, Clerk of the
Peace^ or Registrar respectively, containing the Substance of
such Summons ; and such Sheriff or Clerk of the Peace re-
spectively shall make out a List of the Names of such Persons
so summoned as Grand Jurors ; and such Sheriff, Clerk of the
Peace, or Registrar respectively shall also make out a Panel
of such Persons so summoned other than Grand Jurors ; and
such List and Panel shall respectively contain therein the
Christian Names and Surnames, Places of Abode, and Descrip-
Fine for Non^ tions of the several Persons therein named; and if any Person,
attendance. having been duly summoned to attend on any Jury, shall not

attend in pursuance of such Summons, or, being thrice called,
shall not answer to his Name, or after his Appearance wil-
fully withdraw himself from the Presence of the Court, the
Court shall impose such Fine upon every Person so making
default (unless some reasonable Excuse shall be proved to the
Satisfaction of the Court) as the Court shall think meet ; and

if

<

] 840. Mmidpal CarporationSi Ireland. Cap. 1 08. 809

if any Person on whom such Fine shall be imposed shall refuse
to pay the same to the Person who shall be authorized by the
Court to receive the same, it shall be lawful, for the Court then
or at its next Sitting, by Order of the Court, signed by the
Clerk of the Peace or Registrar respectively, to cause to be
levied, by Distress and Sale of the Goods of the Person on
whom such Fine shall have been imposed, every such Fine,
and the reasonable Charges of such Distress and Sale; and
every Fine so received shall be paid to the Treasurer of the
Borough, to be by him carried to the Account of the Borough
Fund herein-before mentioned : Provided nevertheless, that no
Person shall be summoned and compelled to serve as a Juror at
such Sessions or Court of Record ofiener than once in any One
Year, unle^ every Person qualified and liable to serve shall
have been summoned once during that Year.

CLXXX. And be it enacted, That after the Time when this Justices, aw.
Act shall come into operation in any Borough every Member of exempt from
the Council for the Time being of the Borough, and Justice as- j^^ except
signed to keep the Peace therein, and every Officer of Police the Grand Jury,
therein, and the Treasurer and Town Clerk for the Time being
of every such Borough, shall be exempt and disqualified from
serving on any Jury summoned within such Borough respec-
tively, save and except the Juries summoned for an Assize or
Gaol Delivery.

CLXXXL And be it enacted. That in all Cases of Debt or Proceedings by
liquidated Damages in which the Plaintifi" shall be desirous of Att«jhm«it8
proceeding in the Court of Record of any Borough by way Record^ **
of Attachment of Goods, the PlaintiiF or One of the Plaintiffs,
or some Person able to depose to the Facts of his own Know-
ledge, shall first make Affidavit before the Recorder or the
Mayor (who is hereby empowered to take such or any other
Affidavits in the said Court) of the Cause of Action, and that
the same has accrued within such Borough, or else, where the
Debt or Damages do not exceed Twenty Pounds, that the
Defendant or One of the Defendants is resident therein, (de-
scribing such Defendant by his Name, Addition, and Residence
particularly,) and that the Deponent is apprehensive that such
Debt or Damages is or are in danger of being lost to the
PlaintiiF, unless aided by Process of the said Court to attach
the Goods of the Defendant ; and thereupon it shall be lawful
for such Recorder or Mayor to issue an Attachment directed
to the proper Officer of the Court to be appointed in that
Behalf as aforesaid, requiring him, according to the Form
Number 1. in Schedule (£•) to this Act annexed, to attach the
Goods of the Defendant within the Borough ; and thereupon
such Officer is hereby authorized and required to seize such
Goods, and to detain the same until the Defendant shall have
given Special Bail to pay such Sums of Money as may be
adjudged to the Plaintiff in that Suit, which Bail may be
taken either by the Recorder or by the Mayor of such Bo-
rough : Provided always, that in any Borough in which by Process by
Usf^e or Charter the Goods, Monies, or Credits of the Defen- Foreign At-

dant ''''^'^^'

804 Cap«10& Munkipal Carporatitnu, Irdand. 3&4Vict.

dant may, by Process of Foreign Attachment, be attached in
the Hands of a Third Person, such Process by Foreign Attach-
ment may, until Parliament shall otiierwise provide^ be pro-
ceeded upon in the Court of Record of such Borough under
this Act, with such Rules of Practice, and with the same
Powers and Jurisdictions, as belonged to the said Court at the
Time of the passing of this Act : Provided always, that no such
Foreign Attachment shall be issued unless a Common Attach-
ment against the Goods of the Defendant shall first have issued,
and unless thereupon a further Affidavit shall be made as
aforesaid, describing the Goods, Monies, or Credits sought to
be attached in the Hands of such Third Person, and stating
that the same belong to the Defendant ; and such Third Person,
in case he claims a Property in such Goods, shall be permitted
to give Bail for the same in manner aforesud.
'WheiethePio- CLXXXII* And be it enacted. That upon the Appearance
ceedingsfliiail q[ the Defendant upon any such Common Attachment, and
j^J upon the Appearance of the Garnishee upon any such Foreign

Attachment, the Plaintiff*, in all Cases where the Debt or
Damages do not exceed Twenty Pounds, shall proceed by
way of Civil Bill thereupon, and not according to the Course
of the Common Law, by filing such Civil Bill in the said
Court, and giving Notice in Writing of such Filing, together
with a Copy of such Civil Bill,* to the Party or his Attorney in
the Proceeding. ^

FormofPra- CLXXXIIi. And be it enacted, That in all such Cases^
eeeding. and in all other Cases wherein the Debt or Damages do not

exceed Twenty Pounds, and the Plaintiff shall elect to proceed
by serviceable Process only in such Court of Record, and in all
Coses of Ejectment triable in such Court of Record, and also
in all Cases in which the Recorder of any Borough has now
by Law any Jurisdiction of proceeding in any Case by Way
of Civil Bill, the Proceeding shall be^ as nearly as Circum-
stances will admit, in the Forms, and according to the Course,
and with such Right of Appeal to a Judge of Assize or at Nisi
Prius of the County or City in which, for such Purpose, such
Borough or any Part tliereof shall be situate, as is by Law
provided in Cases of Civil Bills determinable before any As-
sistant Barrister, Chairman, or Recorder, as the Case may be;
and in Cases where the Plaintiff* shall proceed in such Court
according to the Course of the Common Law, and shall recover
in Debt or Damages an Amount not exceeding Twenty Pounds,
such Plaintiff shall not recover any Costs of Suit, unless the
Judge before whom any such Case shall be tried shall certify
upon Record under his Hand that the Case was a proper Case
to be tried according to the Course of the Common Law,
Attornicsin CLXXXIV. And be it enacted. That any Attorney of any

^wtofBe- of the Superior Courts of Record in Dublin shall be ad-
missible to practise in the Court of Record of any such
Borough, without Payment of any Fee or Stamp Duly upon
such his Admission, and may continue to practise therein so
long a» he continues an Attorney of some of the Superior

Courts

1840. MunUnpal CorpmUians, Irdetnd. Cap. 108. 806

Courts of Record aforesaid, and is in all other respects duly
qualified to act and practise as such Attorney.

CLXXXV. <And whereas in several of the Boroughs in Court of Om.

< Ireland there have been Courts for the Recovery of Small """"^

< Debts in a summary Way, commonly called Courts of Con-
^ science, and such Courts, when well regulated, have been

< found useful to the poorer Inhabitants of the said Boroughs,
^ and it is expedient to make n^w and further Provisions for the
^ Establishment and Regulation of such Courts in certain

< Cases ;' be it enacted, That from and after the passing of this

Act aU the Powers, Authorities, and Jurisdictions of any ex^ *

isling Court for the Recovery of Small Debts, commonly called
the Court of Conscience, in every Borough, whether the same
iBball have been established by Usage, Statute, or otherwise^
shall continue in the same Mwner as if this Act had not been
passed, until the Lord Lieutenant shall think proper to deter-
mine the same; and at any Time it shall be lawful for the
Lord Lieutenant, by an Order under his Hand, to declare that
any such Court shall be discontinued at a Time to be men-
tioned in such Order, and to be not less than Two Calendar
Months after the Date of such Order ; and every such Order
shall be advertised in the Dublin Gazette; and, at the Time
appointed for that Purpose in such Order, such Court of
Conscience^ and all Powers, Authorities, and Jurisdictions
thereof, shall wholly cease and determine, save only as to the
l^xecution of any Decrees or Orders of the said Court there-
tofore lawfully made.

CLXXXVI. And be it enacted, That in case the Lord LordLkute-
Lieutenant, with the Advice aiid Consent of Her Majespr's Privy ^'JP^^^^^
Council in Ireland^ shall at any Time think it expedient that ^undl, mi^
any Court of Conscience now existing shall be continued under appoint a Court
such Regulations as are herein contained, or that a Court of ^^^jI^Rb.
Conscience shall be established under such Regulations in any guiationaof uie
Borough where no such Court now exists, provided that there Act in any Bo-
shall then be a Court of Record in such Borough, then the Lord ^^^"^^
Lieutenant shall, upon the Application of the Council or
Commissioners acting under this Act for such Borough, direct
that there shall be such a Court, either before the Mayor
of the said Borough, or the Deputy of such Mayor duly ap-
pointed by him by Writing under his Hand, with the Consent
of the Council of such Borough, signified by a Resolution
of such Council duly convened for that Purpose, or before
such Barrister as hereinafter mentioned, a Court for the Re* \
covery of Small Debts, to be called the Court of Conscience
of such Borough, and that the Mayor of the said Borough or
his Deputv for llie Time being duly appointed, or such Bar-
rister, shall be the President or Judge of such Court ; and the
Lord Lieutenant shall, upon the Application of the Council, (if
he shall tliink proper,) appoint a tit Person, being a Barrister
at Law of not less than Six Years standing, who shall be and
be called the Judge of the Court of Conscience for such

Borough,

806

Rq^ukting the
Office of Pre-
sident of the
Court of Coa-

acieace.

Cap. 108. Municipal Corparaiioju, Irdaxid. 3 & 4 Vicr.

Borough, and shall hold such Office during good Behaviour ;
and in the event of any Vacancy in such Office, the Lord Lieu-
tenant shall appoint thereto another Person qualified as afore-
said; and from and after the Appointment of such President
or Judge in such Borough, a Court shall be holden for the
Recovery of Small Debts, to be called the Court of Conscience
of such Borough ; and the President or Judge of such Court
shall have full Power and Authority to hear and determine,
in a summary Way, Causes in all Small Debts, between
Party and Party, not exceeding in Amount the Sum of Forty
Shillings, where the Cause of Action shall have accrued within
the said Borough, or the Defendant shall reside within tlie
same.

CLXXXVIL * And whereas the Office of President of the

* Court of Conscience in the City of Dublin is now' by Law

* vested in, and the Duties thereof are performed by, the

* Alderman who shall have served in the Office of Lord Mayor

* for the next preceding Year, and for the Term of One Year
< next after he shall have served in that Office ;' be it enacted,
That from and after the passing of this Act all the Powers,
Authorities, Usages, and Jurisdictions of the Alderman who
now is President of the said Court of Conscience, and of the
Alderman now in Office as Lord Mayor of the City of Dubtin,
who having served in the Office of Lord Mayor in the present
Year would, but for the foregoing Provisions of this Act, be
the President of the said Court in the next succeeding Year,
shall continue in the same Manner as if this Act had not
been passed ; and the said Two Aldermen, as Presidents suc-
cessively of the said Court, shall and may, each during his
Year of Office as such President, call to his Assistance any Per-
son who shall have been at the Time of the passing of this Act
an Alderman, Sherifi^, or Sheriflfs Peer of the said City, as hath
been heretofore usually done and practised, and shall re-
spectively be entitled to the Fees and Emoluments which, if this
Act had not been passed, they would respectively be entitled
to acquire or to enjoy in respect of the said Court of Con-
science ; and in all Cases in which an Appeal from any Decision
or Order of the said Court of Conscience is now by Law given
to the Party aggrieved by such Decision or Order, to the Chief
or any Judge of any of Her Majest/s Supreme Courts of Law
in Ireland sitting at Nis: Prius, such Party shall be entitled to
such Appeal in the Manner now by Law allowed, as fully as
if this Act had not been passed : Provided always, that in case
of the Death, Resignation, or Removal from such Office of
either of said Aldermen during his Term of Office, the Per-
son to be appointed under this Act Judge or President of the
Court of Conscience of the City of Dublin shall act as such
Judge or President, instead of the Alderman so dying, re-
signing, or being removed, for and during the Residue then
unexpired of the Term of Office of the Alderman so dying,
resigning, or being removed, with the like Powers, Authori-
ties,

1840*. Municipal Corporations, Ireland. Cap« 108* 807

ties, Usages, Jurisdictions, an(jl in like Manner to all Intents
and Purposes, as such Alderman, but for such Event, might
have continued to act

CLXXXVIIL And be it enacted, That all the Powers, Further regu-
Authorities, and Jurisdictions of the Alderman elected in the jj* pfj^^Se^f'of
present Year to (ill the said Office of Lord Mayor of the City the Court of
of Dublin^ and who would but for the foregoing Provisions be Conscience.
President of the said Court of Conscience in the Year suc-
ceeding his Year of Office, shall continue in the same Manner
as if this Act had not been passed ; and such Alderman shall
.for the Year which shall next follow the Expiration of One
Year from the Day of his entering upon the Office of Lord
Mayor be President of such Court, with the Benefit of the like
Assistance from an Alderman, Sheriff, or SherifPs Peer ; and
from the Decisions or Orders of such Court there shall be the
same Right of Appeal as is lastly herein-before provided for.

CLXXXIX. And be it enacted. That the said Court shall Proceedings
be held at such Times, and in such Place within the said Bo- '^^"^^
rough, as the Council or Commissioners acting for the said
Borough shall direct; and the Proceedings in the said Court
shall be by Summons in the Form Number 2. specified in
Schedule (E.) to this Act annexed, stating the Names of the
Parties, Plaintiff and Defendant, the Nature and Amount of
the Debt, and the Time and Place when and where the Defen-
dant is required to appear and answer the said Claim ; and such
Summons shall be served on the said Defendant personally,
or, in case of Difficulty in effecting personal Service arising
from the Acts or Contrivance of the said Defendant, by
serving the same in such Manner as the President of the said
Court shall direct, and in such Case a Copy of the Order for
such Substitution of Service shall be served along with and
in the same Manner as the Summons ; and in all Cases the
Summons shall be served in manner afore mentioned One
clear Day at the least previously to the Hearing of the Cause ;
and in case the said Defendant shall appear, or if the Plaintiff
shall prove by Affidavit (which, and all other Affidavits in the
said Ck)urt, the said President is hereby empowered to take)
the due Service of the said Summons, or Summons and Order
as aforesaid, the President of the said Court shall proceed to
bear the said Cause, and the Statement of the said Party or
Parties, or their Attorney or Attomies, and all competent
Witnesses and other legal Evidence produced by them or
either of them, and shall determine the same : Provided always,
that it shall be lawful for either Party to require the other to be
examined upon Oath touching the said Claim, but that neither
of the said Parties shall be admitted by his own Evidence, on
Oath or otherwise, to support his own Case.

CXC. And belt enacted, That upon such Evidence as shall Order of Court
be adduced, and the Admissions of the said Parties, if required of Conacwnce.
to be examined as aforesaid, the said President shall decide
upon the Case, and shall make an Order either for the Pay-
ment of the Sum claimed by the Plaintiff or any Part thereof,

together

808 Cap. I Oa Municipal Corptn-atians, Ireland. 3 8c 4 Vicr.

together lyith his Costs of Suit, according to a Table of Costs
to be settled for the said Courts in manner herein-after pro-
vided, or for dismissing the said Summons, and in such Case
to order the Plaintiff to pay to the Defendant his reasonable
Costs according to the said Table, or may adjourn the Cause
to some other Day, as Justice may require; and every such
Order shall specify a Time within which such Payment of Debt
and Costs, or of Costs, as the Case may be, shall be made,
either by Instalments or otherwise ; and every Order dismiss-
ing such Summons shall be expressed therein to be either
** on the Merits " or ** without Jrrejudice to any other Pro-
ceeding for the said Demand f* and in case the Party against
whom such Order for the Payment of the said Debt and Costs,
or of such Costs, shall be made, shall not pay the Amount
thereof pursuant to the Terms of the said Order, it shall be
lawful for the President of the said Court, upon Affidavit made of
the Service of a Copy of such Order on such Party personally,
or at his Dwelling House, Office, or Shopj or last known Place of
Residence within the said Borough, and of the Nonpayment of
any Sum of Money mentioned in such Order pursuant to the
Terms thereof, to issue his Warrant under his Hand to levy
the Amount thereof by Distress and Sale of the Goods of the
said Party.
ReliMringi and CXCL And be it enacted, That no Rehearing of any
^PP^^^ Cause shall be had in the said Court, except only in Cases
of CoiMKienoe. ^^^re the Same shall have been dismissed " without Prejudice

to any other Proceeding," as aforesaid ; and that if any Party
shall think himself aggrieved by any such Order of tlie said
Court, either for Payment of the said Debt and Costs, or for
dismissing his Cause on the Merits as aforesaid, it shall be
lawful for such Party to appeal therefrom to the Recorder of
the said Borough ; provided, that in case of such Appeal the
Party so appealing shall give Notice of such Appeal to the
President of the said Court, and also to the opposite Party in
the said Cause ; and the said Appeals^ may be forthwith pro-
ceeded upon before such Recorder at the Court of the said
Recorder, if then holden, or at the next or any subsequent
Court of such Recorder to be held within Six Calendar Months
from the Time of the Service of such Order upon the Party so
appealing ; and such Recorder shall have full Power and Au-
thority to proceed to hear such Cause, and to rescind and vary
or reverse or affirm the said Order, either for the Payment
of the said Debt and Costs, together with reasonable Costs of
such Appeal, pursuant to the said Table of Costs, or for the
Payment of such Costs only as aforesaid, as Justice shall require,
and in case of Nonpayment of the Sum or Sums of Money
. mentioned in such Order, on like Affidavit of the due Service
thereof in manner aforesaid,, to issue his Warrant under his
Hand to levy the Amount thereof by Distress and Sale of the
Goods of the said Party in the same Manner as the said Presi-
dent of the said Court of Conscience is hereby authorized :
Provided always^ that such Notice of Appeal shall not operate

to

N

1840. Municipal Corparatiana^ Ireland. Cap. 109. 809

to stay Execution of any Order or Warrant of the said Pre-
sident of the said Court of Conscience, unless the Party appeal-
ing therefrom shall enter into a Bond to the Mayor of the said
Borough) by himself and Two sufficient Sureties jointly and
severaUy bound in double the Amount of the Sums mentioned
in such Order, that such Party so appealing shall prosecute
such Appeal with Effect, and in case such Order shall be
affirmed, in the whole or in part, on such Appeal, to pay the
Sum mentioned in such Order of Affirmation, either for Debt
and Costs, or for Costs : Provided always, that such Bond shall
not be liable to any Stamp Duty.

CXCII. And be it enacted. That the President of the Book* of Pro-
said Court of Conscience, or the Town Clerk under his Order, ^JJ^]^^j*
shall make or cause to be made fair and regular Entries in kq>t.
Books to be provided by the Town Clerk, under the Direction
of the Council, for that Purpose, of all Judgments, Orders,
Directions, Regulations, Acts, and Proceedings of the said
President in or relating to the Execution of the several Powers
and Authorities vested in him as Judge in such Court as
aforesaid, and shall sign the same ; and such Entries, when so
signed, shall be allowed in Evidence in Proof of the Proceed-
ings of such Court in all Qourts whatsoever; and if any Person
within the Jurisdiction of the said Court, after having been
duly served with a Summons to be issued by the Clerk
thereof, and paid or tendered his reasonable Expences to at-
tend and give Evidence at a Time and Place in such Summons
mentioned, on behalf of any Plaintiff or Defendant, shall refuse
or neglect to appear pursuant to such Summons, due Proof
being made of the Service of such Summons, and no sufficient
Cause for his Non-appearance being shown to the Satisfaction
of the Court upon Affidavit, or if the Person so served with
such Summons shall appear and refuse to give Evidence
touching the Matter in question, then and in every such
Case it shall be lawful for such President, if satisfied upon
Affidavit that such Person not appearing was duly served with
such Summons, and was a material Witness for the Party on
whose Behalf he was so summoned, or that such Person appear-
ing and refusing to give Evidence as aforesaid was a compe-
tent and material Witness for the Party on whose Behalf he
was called, to impose any Fine not exceeding Fifty Shillings
on every such Person; and in case such Fine shall not be
paid forthwith, such Fine may be levied by Distress and Sale
of the Goods of the OflFender, by Warrant under the Hand of
such President, rendering the Overplus (if any), after deducting
such Fine, and the Costs and Charges of such Distress, to the
Owner of the Goods; and such I<ine, when levied, shall be
paid over to the Party on whose Behalf such Person shall have
been summoned or called upon to give Evidence ; and in case
any Person shall be guilty of a Contempt of the said Court, it
shall be lawful for such President to direct that such Offender
be taken into Custody, and any Officer of the Court, with or
without the Assistance of any other Person, may take such

Offender

810

Cap. 108.

Municipal Corporations, IrekauL 3 & 4 Vicr.

Appointment
of Officers of
Courts of Con-
science.

Fees payable to
the Clerk of
the Peace, and
the Registrar
and Officers of
the Court of
Record.

Clerks to Jus-
tices, to be en-
titled to Fees
chargeable

Offender into Custody accordingly r and the said President
shall then examine into such Contempt, and then, upon his
own View, or upon Oath of One or more other Persons, impose
a Fine not exceeding Fifty Shillings for each Offence on each
Offender ; and if such Fine shall not be forthwith paid such
President may commit the Offender to any lawful Prison
within such Borough for any Time not exceeding Twenty
Days, or such Fine may be levied by Distress and Sale of
the Goods of the Offender in manner aforesaid, and paid to
the Treasurer of such Borough to the Credit of the Borough
Fund, and such Offender may be detuned in Custody until
the rising of the Court on the Day of his Offence^ and for One
Hour after.

CXCIII. And be it enacted. That it shall be lawful for the
Judge of the Court of Conscience of any Borough named in
the said Schedules to appoint and remove at his Pleasiu-e a
Clerk and other necessary Officers of such Court.

CXCIV. And be it enacted, That the Council of every Bo-
rough shall and they are hereby required, within Six Calendar
Months next after their Election, to make and setde a Table
of the Fees which shall be taken by the Clerk of the Peace
in those Boroughs in which a separate Court of Session of
the Peace shall be holden, and in those Boroughs in which
there shall be a Court of Record and a Court of Conscience^ a
Table of the Fees to be taken by the Registrar and Officers of
such Courts ; and such Tables of Fees shall be submitted to
the Chief Justice and other Justices of Her Majesty's Court
of Quetjcn's Bench in Ireland ; and when such Tables of Fees
shall be confirmed and allowed by such Chief Justice or other
Justices, or any Three of them, either as such Table shall
have been submitted to them, or with such Alterations, Addi-
tions, or Abatements as they shall think proper, the Fees there-
in mentioned may thenceforth be lawfully taken by the Person
therein named to be entided thereunto ; and it shall be lawful
for the Council of such Borough, from Time to Time as
Occasion may require, to make new Tables of Fees to be
taken instead of the Fees contained in the Tables which shall
liave been made as aforesaid, which new Tables shall be con-
firmed and allowed in tlie Manner herein-before mentioned,
otherwise the same shall be of no Validity; and that, until
Tables of the Fees so to be taken in any such Borough shall
have been made and confirmed as aforesaid^ it shall be lawful
for such Clerk of the Peace at the Sessions for any such Bo-
rough to take the Fees authorized by the Table for the Time
being to be taken by the Clerk of the Peace at tlie Sessions
for the County within or adjoining to which such Borough is
situated, and for the Registrar and Officers of such Court of
Record or Court of Conscience to take tlie Fees usually taken
by them before the passing of this Act.

CXCV. And be it enacted. That in those Boroughs to which
a Commission of the Peace shall have been granted, the Clerk
to the Justices shall be entitled to such Fees (and no other)

as

1840« MwxUipal OsfpoToiumsy Irdand. Cap. 108. 811

as are chargeable by and under an Act paaaed in the Session undfr Aet
of Parliament holden in the Seventh and Eighth Years of the 7&bO.<i.«.67*
Reign of His Majesty King George the Fourth^ intituled Jn
Adtjbr the better Admimstration of Justice at the holding ofPettg
Sessions bg Justices of the Peace in Ireland, subject to such Orders
of the Justices as in that Act provided.

CXC VI. And be it enacted, That the Town Clerk of every Table of Fms
Borough shall cause a true Copy of the Tables of Fees in to be hung up.
force for the Time being to be hung up in a conspicuous Part
of the Room in which the -Business of his Office is transacted,
and also in the Room wherein the Justices of the Peace of
such Borough shall sit for transacting their Business, and also
in the Room wherein the Court of Sessions of the Peace for
the Borough shall be held, and also in the Court of Record
and Court of Conscience of the said Borough respectively.

CXC VII. And be it enacted. That when by any Act any AppHcetion of
Penalties or Forfeitures are or shall hereafter be made reco- P*^****
verable in a summary Manner before any Justice or Justices
of the Peace, and by such Act respectively the same are or
shall be limited and made payable to Her Majesty, or to any
Body Corporate, or to any Person whomsoever, save and except
the Informer who shall sue for the same, or any Party ag«
grieved, in every such Case the same^ if recovered and adjudged
before any Justice of any Borough in which a separate Court
of Sessions of die Peace shall be holden as aforesaid, shall,
notwithstanding any thing in such Act respectively contained,
be recovered for and adjudged to be paid to the Treasurer
of such Borough for die Time being, to the Credit and on
account of the Borough Fund of such Borough, or where there
shall be no Borough Fund, be paid to or for the Use of the
Parish or Union where such Offence shall have been com*
mitted, to be applied in aid of the Poor Rate of such Parish
or Union ; and no such Penalty or Forfeiture, or Share of such
Penalty or Forfeiture, shall in any Case be recovered by or ad-
judged to be paid to any other Person than the said Treasurer,
unless such Person be the Informer or the Party aggrieved:
Provided always, that nothing herein contained shall extend to
any Penalties or Forfeitures recovered under any Act relating
to the Customs, or to Trade or Navigation, and sued for by the
Direction of ^the Commissioners of Her Majesty's Customs,
which shall be paid to such Person as the said Commissioners
shall direct to receive the same.

CXCVIIL And for the more effectual Prosecution of Of- Limitation of
fences punishable upon summary Conviction by virtue of this ^™*: ^^^ J^^
Act, be it enacted. That the Prosecution for every such Offence fences puoish-'-
shall be commenced within Twelve Calendar Months after able on sum.
the committing of the Offence, and not otherwise ; and that |I^^^ ^1°"
where any Person shall be charged, on the Oath of a credible and Summons '
Witness, with any such Offence, before a Justice of the Peace, of Offenders.
the Justice may summon the Party charged to appear before
any Two Justices, of the Peace acting in and for the Borough
in which such Offence shall have been committed, at a Time
[No. 52, Price 2d.] 3 F and

812 Cap. 108« Municipal Corporatiom, Ireland^ 3 & 4 Vict*

and Place to be named in such Sommons ; and if such Party
shall not appear accordingly, the Justices of the Peace then*
and there present (upon Proof of the due Service of tlie Sum-*
mens, by delivering a Copy thereof to the Party, or by de-:
livering such Copy at the Party's usual Place of Abode to*
some Inmate thereat, and explaining the Purport thereof to such*
Inmate,) may either proceed to hear and determine the Case
in the Absence of the Party, or may issue their Warrant for
apprehending and bringing such Party before them, as they
shall think proper.
Power to sum- CXCIX. And be it enacted, lliat it shall be lawful for any
mon Witnesses, Justice of the Peace acting in and for any Borough to issue

his Summons requiring any Person to appear before any such
Justices of the Peace for the Purpose of giving Evidence touch*
Penalty for ing any Offence against this Act; and if any Person so sum«*
Diaobedienoe df moned shall neglect or refuse to appear at the Time and
ummons, c pj^^^ appointed by such Summons, and no reasonable Ex-
cuse for his Absence shall be proved before the Justices of
the Peace then and there present, or if any Person appearing in
obedience to such Summons shall refuse to be examined on
Oath touching any such Offence by the Justices then and
there present, every Person so offenditig shall, on Conviction
thereof before the said Justices, or any other Justices of the
Peace, forfeit and pay such Sum of Money, not exceeding
Five Pounds, as to the convicting Justices shall seem meet;
No Witness or and no Person, although liable to the Rate contributing to the
Justice to be Borough Fund of any Borough, shall be deemed an incom-
^rSd o7 V^^^^^ Witness in proof of any Offence against this Act by
Ratcabilitj. reason of any Penalty or Forfeiture for such Offence being
applicable to the Use of such Borough Fund ; and no Justice
of the Peace shall be disabled from acting in the Execution of
this Act by reason of his being liable to the Rate contributing
to the Borough Fund of any Borough.
^Payment of CC. And be it enacted, That the Justices of the Peace

Peiulties, and ^y whom any Person shall be summarily convicted and ad-
ins the^saml* judged to pay any Sum of Money for any Offence against this

Act may adjudge that such Person shall pay the same either
immediately or within such Period as the said Justices shall
think fit ; and in case such Sum of Money shall not be paid
at the Time so appointed, the same shall be levied by Dis^
tress and Sale of the Goods and Chattels of the Offender, with
the reasonable Charges of such Distress ; and it shall be lawful
for such Justices to order the Offender to be detained in
safe Custody until Return can conveniently be made to the
Warrant of Distress, unless the said Offender shall give sufficient
Security, to the Satisfaction of such Justices, for his or her
Appearance before them on such Day as shall be appointed fer
the Return of such Warrant of Distress, such Day not being
more than Eight Days from the Day of taking the Security,
and which Security the said Justices are hereby empowered
to take by way of Recognizance or otherwise; and if upon
the Return of such Warrant it shall appear that no sufficient

2 Distress

1840. Mtmicipal Corporatiansj Ireland. Cap. 106. 813

Distress can be had thereupon, or in case it shall appear to the
Satisfaction of such Justices, either by the Confession of the
Offender or otherwise, that the Offender hath not sufficient
Goods and Chattels whereon such Sum of Money and Costs
may be levied were a VV^arrant of Distress issued, such Justices
shall not be required to issue such Warrant of Distress, and
thereupon it shall be lawful for any such Justices, and they are
hereby authorized and required, to cause such Offender to be
imprisoned, with or without hard Labour, in the Common Gaol
or House of Correction, as to the convicting Justices shall seem
meet, for any Term not exceeding One Calendar Month where
the Sum to be paid shall not exceed Five Pounds, and for
any Term not exceeding Two Calendar Months in any other
O^, the Imprisonment to cease, in each of the Cases afore-
said, upon Pajrment of the Sum due.

CCI. And be it enacted. That the Justices of the Peace be- Form of Con-
fore whom any Person shall be summarily convicted of any ^c^io"*
Offence against this Act may cause the Conviction to be drawn
up in the following Form of Words, or in any other Words to
the like Efiect, as the Case may require ; (that is to say,)

}]gE it remembered. That on the Day

of in the Year of our Lord

in the Borough of in tlie County of A.O.

is convicted before us, J. P. and J. J. P., Two of Her Majesty's
Justices of the Peace for the said County [or Borough, or
otherwise as the Case may &e], for that the said A. O. did [Jiere
specify the Offence^ and tlie Time and Place token and where the
same was committed^ as the Case may (e] ; and we do adjudge
that the said A. O. shall for the said Offence forfeit the Sum
of and shall pay the same immediately [or shall

pay the same on or before the Day of ]

to the Treasurer for tlie said Borough, to be by

him applied according to the Directions of the Statute in that
Case made and provided. Given under our Hands the Day
and Year first above mentioned.'
CCn. And be it enacted, That any Person who shall think Appeal ajraimt
himself aggrieved by any summary Conviction in pursuance ^JJ^J^U ^ct.
of this Act may appeal to the next Court of General or
Quarter Sessions of the Peace to be holden, not less than
Twelve Days after such Conviction, for the County or Division
of the County, or for the Borough wherein the Cause of Cook
plaint shall have arisen, provided that such Person shall give to
the Complainant a Notice in Writing of such Appeal, and of
the Cause and Matter thereof, within Three Days after such
Conviction, and Seven clear Days at the least before such Ses*
sions, and shall also either remain in Custody until the Sessions,
or within such Three Days enter into a Recognizance, with a
sufficient Surety, before a Justice of the Peace, conditioned
personally to appear at the said Sessions, and to try such Ap^
peal, and to abide the Judgment of the Court thereupon, and
to pay such Costs as shall be by the Court awarded ; and upon
such Notice being given, and such Recognizance entered into,

3 F 2 .the

8U

Cap. 10&

Municipal CorporaiianSf Ireland. 3 & 4 ViCT.

ConTictionsnot
to be quashed
for Want of
Form.

Limitation of
Actioni, &c.

Notice of
Action.

General Imuc.

Tender of
Amendi^&e.

Saving the
Rights of the
GoTemor and
Assistants of
Ixmdon of the
Kew Plantation

the Justice before wbom the same shall be entered into shall
liberate such Person, if in Custody ; and the Court at such
Sessions shall hear and determine the Matter of the Appeal,
and shall make such Order therein, with or without Costs to
either Party, as to the Court shall seem meet, and in case of
the Dismissal of the Appeal or the Affirmance of the Conviction
shall order and adjudge the Offender to be dealt with and
punished according to the Conviction, and to pay such Costs
as shall be awarded, and shall, if necessary, issue Process for
enforcing such Judgment.

CCIIl. And be it enacted. That no Conviction, Order, War-
rant, or other Matter made or purporting to be made by
virtue of this Act shall be quashed for Want of Form, and no
Warrant of Commitment shall be held void by reason of any
Defect therein, provided that it be therein alleged that it is
founded on a Conviction, and there be a good and valid Con-
viction to sustain th^ same ; and where any Distress shall be
made for levying any Money by virtue of this Act, the Distress
jtself shall not be deemed unlawful, nor the Party making the
same be deemed a Trespasser, on account of any Defect or
Want of Form in the Summons, Conviction, Warrant of Dis-
tress, or other Proceedings relating thereto, nor shall the Party
distraining be deemed a Trespasser ab initio on account of any
Irregularity afterwards committed by him, but the Person ag-
grieved by such Irregularity may recover full Satisfaction for
the special Damage, if any, in an Action upon the Case.

CCIV. And, for the Protection of Persons acting in the
Execution of this Act, be it enacted. That all Actions and
Prosecutions to be commenced against any Person for any
thing done in pursuance of this Act shall be commenced
within Twelve Calendar Months after the Fact committed, and
not otherwise ; and Notice in Writing of such Action, and of
the Cause thereof, shall be given to the Defendant One Calen-
dar Month at least before the Commencement of the Action ;
and in any such Action the Defendant may plead the General
Issue, and give this Act and the special Matter in Evidence,
at any Trial to be had thereupon; and no Plaintiif shall
recover in any such Action if Tender of sufficient Amends shall
have been made before such Action brought, or if a sufficient
Sum of Money shall have been paid into Court after such
Action, by or on behalf of the Defendant ; and if a Verdict
shall pass for the Defendant, or the Plaintiff shall become Non-
suit, or discontinue any such Action after Issue joined, or if
upon Demurrer or otherwise Judgment shall be given against
the Plaintiff, the Defendant shall recover his full Costs as be«
tween Attorney and Client, and have the like Remedy for the
same as any Defendant hath by Law in other Cases.

CCV. And be it enacted. That nothing in this Act con-
tained shall extend to prejudice, diminish, alter, or take away
any of the Rights, Privileges, Powers, or Authorities vested in
or enjoyed by, or Duties or Liabilities imposed upon, the
Society of the Governor and Assistants of London of the new

Plantation

1840. Mtmidpal Corporationij Ireland* Cap. 108. 815

Plantation in UUter within the Realm of Ireland^ under or by ^ W«ter, and
virtue of any Charter or Charters heretofore granted to them m^J^ ^
by the Crown, or of any Statute or Statutes in anywise relating
thereto, or any Rights, Privileges, Powers, or Authorities
vested in or enjoyed by, or any Liabilities imposed on any Lord
of any Manor, or any Person or Persons other than the Member
or Members of a Body Corporate in his or their Corporate Ca-
pacity, or a Person or Persons elected or appointed by any
such Body Corporate, or some Member or Members thereo£

CCVI. * And whereas an Act was passed in the last Ses- Officeis to

* sion of Parliament, intituled An Act to restrain the Alienatian J^]J^j^^

* of Corporate Property in certain Toumt in Ireland, whereby it RemovaL

< is provided that no Person who should have been appointed

< to any Office or Place of Profit in or by any of the said

* Bodies Corporate since the Sixteenth Day of February in the
^ Year One thousand eight hundred and thirty-six should be

* entitled, by reason of ^such Appointment, to have any Com-

* pensation for the Loss of such Office or Place of Profit, or

* of the Fees and Emoluments thereof, in case Provision should
^ be thereafter made by Parliament for removing him or au-
^ thorizing his Removal from such Office or Place of Profit^ w

< for amending or abolishing the same :' Be it enacted, That
every Officer of any Borough or Body Corporate, except those
appointed since the Sixteenth Day of February One thousand
eight hundred and thirty-six, who shall hold any Office of Profit
at the Time when this Act shall come into operation in such-
Borough, whose Office shall be abolished, or cease or become
unnecessary, by reason of this Act, or wha shall be removed
from his Office under the Provisions of this Ac^ or deprived of
Fees or Emoluments to which he would have been entitled if
this Act had not been passed, and who shall not be re-appointed
under this Act, shall be entitled to have an adequate Compen-
sation, by way either of a Sum in gross or of Annuity, at the
Option of and to be assessed by the Council, Commissioners,
or Guardians acting under this Act for that Borough, and paid
out of the Borough Fund, or Town Fund or Corporate Pro-
perty or Funds vested in the Guardians under this Act, as the
Case may be, for the Salary, Fees, and Emoluments of the
Office which he shall so cease to hold, regard being had to
the Manner of his Appointment to the said Office^ and his
Term or Interest therein, and all other Circumstances of the
Case; and every Person entitled to such Compensation as
aforesaid shall deliver to the Town Clerk, or in case such
Person shall himself be Town Clerk then to the Treasurer
of the Borough, a Statement under the Hand of such Person,
setting forth the Amount received by him or his Prede-
cessors in every Year during the Period of Five Years next
before the passing of this Act, on account of the Salary, Fees,
Emoluments, Profits, and Perquisites in respect whereof he
shall claim such Compensation, distinguishing the Office, Place,
Situation, Employment, or Appointment in respect whereof
the same shall have been received, and containing a Declaration

3 F 3 that

816 Cap. 10& Municipal Corporations^ Ireland. 3 & 4 Vicr*

that the same is a true Statement according to the best of the
Knowledge, Information, and Belief of such Person, and also
setting forth the Sum claimed by iiim as such Compensation ;
and the Town Clerk or Treasurer, as the Case shall- be, shall
lay such Statement before the Council, Commissioners, or Guar*
dians acting under this Act for that Borough, who shall take
the same into consideration, and determine thereon ; and imme'-
diately upon such Determination being made the Person pre*
ferring such Claim, if he shall not himself be the Town Clerk,
shall be informed thereof by Notice in Writing under the Hand
• of the Town Clerk ; and in case such Claim shall be admitted
in part and disallowed in part, such Notice shall specify the
Particulars . in which the same shall have been admitted and
disallowed respectively ; and in case the Person preferring such
Claim shall think himself aggrieved by the Determination of
the Council, Commissioners, or Guardians acting under this
Act for that Borough thereon, or in case One Third of the
Members of the Council, Commissioners, or Guardians acting
under this Act for that Borough shall subscribe a Protest against
the Amount of Compensation allowed by such Determination
as excessive, it shall be lawful for the Person preferring such
Claim, or any Member of the Council, Commissioner, or Guar-
dian, as the Case may be, who shall subscribe such Protest, to
appeal to the Lords Commissioners of Her Majesty's Treasury,
who shall thereupon make such Order as to them shall seem
just; and such Order, signed by Three or more of such Lords
Commissioners, shall be binding on all Parties : Provided always^
that if the Council, Commissioners, or Guardians so acting for
such Borough shall not determine on such Claim within Six
Calendar Months after the aforesaid Statement shall be deli-
vered to the Town Clerk or Treasurer, as the Case shall be,
such Claim shall be considered as admitted : Provided also,
that it shall not be lawful for any Member of the Council, Com-
missioner, or Guardian to subscribe such Protest as aforesaid
except within such Period of Six Calendar Months : Provided
also, that the Person preferring such Claim, if any Member of
the Council, Commissioner, or Guardian shall so require, upon
receiving Notice in Writing signed by the Town Clerk, unless
such Person shall himself be Town Clerk, in which Case no
such Notice sliall be requisite, shall from Time to Time attend
at any Meeting or adjourned Meeting of the Council, Commis-
sioners, or Guardians for the Investigation of such Claim, and
then and there, upon his Oatli or solemn Affirmation, to be
taken or made before the Mayor or Chairman (who is hereby
authorized to administer the same), shall answer all such Ques-
tions as shall be asked by any Member of the Council, Commis-
sioner, or Guardian, touching the Matters set forth in the
Statement subscribed by such Person as aforesaid, and produce
all Books, Papers, . and Writings in his Possession, Custody, or
Power relating thereto : Provided also, that every such Officer
who shall be continued in or re-appointed to such Office under
the Provisions of this Act, and who shall be subsequently re-
moved

1840. Mmudpd Corporations^ Ireland. Cap. 108. 817

moved from such Office for any C^use other than such Mis-
conduct as would warrant Removal from any Office held during
good Behaviour, shall be entitled to Compensation in like
Mdnner as if he had been forthwith removed under the
.Provisions of this Act, and had not been continued in or
re-appointed to such Office : Provided also, that the Provisions
herein-before contained with respect to such Notice, Protest,
and Appeals as aforesaid, and with respect to the said Lords
Commissioners making such Order as aforesaid, and with respect
to the Person claiming Compensation delivering such State-
ment, and attending such Meeting or Meetings, and submitting
« to such Examination on Oath, and answering such Questions,
and producing such Books, Papers, and Writings as aforesaid,
and with respect to the Powers of Investigation of the Town
Council, and all other Matters in respect of such Claim, shall
apply to any Claim or Compensation of any of the Persons
herein -after mentioned or specially provided for.

CCVII. * And whereas it may be expedient to make, with Spedal ProTi-
* certain Limitations, special Provisions by way of Compen- ""j^^ono"'
^ sation for the Persons herein-after mentioned, which shall not certain Penons
^ be applicable to others ;* be it enacted. That the Town Council in the City of
of the Bprough of DMin shall award, by way of Compensation, ^"*******
to Robert Dichenson, a Sum not exceeding the Amount of One
Fourth Part of the Moiety of the Profits of any such Office of
such Borough as he may have held jointly with any other Person
on the Third Day of February One thousand eight hundred
and forty, in respect of which Office he would be entitled to
Compensation under the Provisions herein-before contained if
he had been appointed thereto previous to the Sixteenth Day
of February in the Year One thousand eight hundred and thirty-
six : Provided nevertheless, that such Compensation so to be
awarded to the said Robert Dickenson shall not exceed the
annual Sum of Three hundred Pounds, or such gross Sum as
it might be just to award in respect of such annual Sura: Pro-
vided also, that in case die Town Council of the said Borough
shall appoint or employ the said Robert Dickenson^ solely or
jointly with any other Person, to be Town Clerk of the said
Borough, or the Law Agent of the Corporate Body of the said
Borough, or of the said Town Council, the said Robert Dickenson
shall thereupon perform the Duties incident to such Appoint-
ment or Employment, and such Emoluments as he may derive
by reason of such Appointment or Employment shall be taken
and applied, as far as the same shall extend, in or towards the
Discharge of such Sum as shall be so awarded to him as afore-
said: Provided also, that in case he shall be so appointed or
employed, and shall be afterwards removed from such Appoint-
ment or Employment for such Misconduct as would warrant
Removal from any Office held during good Behaviour (but not
otherwise), he shall forfeit such Compensation so to be awarded
as aforesaid ; but in case he sliall be so removed for any other
Cause^ he shall be entitled to such Compensation so to be
^warded as if he had been an Officer forthwith removed under

3 F 4 the

818 Cflp. 108. Municipal Corporatiansy Ireland. 3&4ViGTi

the Provisions of this Act, and bad not been continued in or

re-appointed to such Office.
Assistant Auc- CCVlII. * And whereas under an Act passed in the Parlia*
I^TZ OflTe * ^^^^ °^ Ireland in the Twenty-eighth Year of the ReigA of
notwithstond- * King George the Third, in relation to the Business of Pawn-
ing Removal * brokers in Dublin^ the Sword-bearer, and the Marshal of the

or MaiJ^ja^"*"^ * ^'^y °^ Dublin, and their Assistants, have enjoyed certain

* Privileges of acting in certain Districts of the said City as

* Auctioneers for the Sale of the forfeited Pledges of Pawn^

* brokers : And whereas the said Sword-bearer and Marshal
^ have from Time to Time appointed Assistant Auctioneers for

* the Purposes aforesaid, who have received and retained a Part

* of the lawful Emoluments derived under the said Act from

* Auctions and Sales of the said Pledges ;' be it enacted, That
in case each or either of them the said Sword-bearer and
Marshal shall be removed from being such Sword-bearer and
Marshal, or Sword-bearer or Marslial respectively, and shall
not be reappointed, and shall be entitled to Compensation
tinder this Act, then and in such Case such Assistant shall, on
exhibiting and authenticating to the Town Council the Original,
and delivering to the Town Council a true Copy of his Depu-
tation or Appointment as such Assistant, be, until Parliament
shall otherwise provide, continued in his Employment as
Auctioneer or Assistant, subject to all the Conditions, Agree-
ments, and Obligations on his Part contained in or arising
from such Deputation or Appointment, and subject to the
Payment of such Sums as any such Assistant was liable to pay
Under such Deputation or Appointment as aforesaid as was in
force on the Third Day of February One thousand eight hundred
and forty, such Sums to be paid to the Sword-bearer or Marshal
respectively, for the Time being, or otherwise as the Town
Council shall order ; and such Assistant shall be liable to be
dismissed by such Sword-bearer or Marshal respectively, or by
such Town Council, for the Violation of any Stipulation or
Agreement, or the Non-fulfilment of any Obligation, by the
Violation or Non-fulfilment of which, according to such Depu-
tation or Appointment, the same would or might have been
revoked or have become void : Provided always, that it shall be
lawful for the Town Council, if they shall think fit, to remove
such Assistant from his said Employment without such Violation
or Non-fulfilment as aforesaid ; but that in case of such Removal
he shall be entitled to Compensation in respect of his Share of
the net Emoluments of his said Employment as if he were an
OflScer of the Borough or Body Corporate entitled to Compen*
sation under this Act : Provided always, that the total Amount
of Compensation which may be allowed or awarded on account
of any Claim or Claims of the said Sword-bearer and Marshal^
and any such Assistant, in respect of such Privileges as afore-
said, shall not in any Event exceed in the whole the Amount
of the net Emoluments received by them respectively under the
said last-men tiojiied Act of the said Parliament o( Ireland: Pro*
vided also, that all the Provisions herein contained in relation

5 to,

1840. Municipal Corporations, Ireland. Cap. 108. 619

to, or so far as they may concern or affect, any such Assistant,
or any such Sword-bearer or Marshal, shall be subject to such
Provisions as shall be made by any Act of Parliament which
may be passed in relation to Pawnbrokers; and that no Sword-
bearer or Marshal, or Assistant, or other Person hereafter
appointed, or who shall hereafter act in relation to the Auctions
or Sales of any forfeited Pledges of Pawnbrokers, shall be
entitled to any Compensation for any Loss of any Employment,
Office, or Emoluments by reason of any Act which may be passed
in relation to Pawnbrokers, or of any Regulations or Proceedings
tcf be had or made thereunder.

CCIX. And be it enacted. That it shall be lawful for the Pro™on re-
Town Council of the Borough of Dublin to grant, by way of 'J^^j^"!!!**
Compensation, to each of the present Four junior Aldermen of Dublin,
the City of Dublin such Sum (not exceeding One Fourth of the
Amount of the average Profits received as Judge or President
of the Court of Conscience in Dublin by each Person who for
the Five Years ending the Twenty-ninth Day o( September in the
Year One thousand eight hundred and thirty-eight served the
Office of Lord Mayor of the said City or by his Deputy) as to
such Town Council, or to the Lords Commissioners of the
Treasury on Appeal, shall seem just ; and each such junior
Alderman shall furnish and verify on Oath to such Town Council
a Statement of such Profits in lieu of the Statement herein*
before required to be made of the Amount received by the
Person claiming Compensation, or his Predecessors: Provided
always, that in case any of such junior Aldermen shall, since
the Month of August One thousand eight hundred and thirty-
nine, have received, or shall have acquired any Title to, any
Sum or pecuniary Benefit which ought justly to be taken into
account in considering his Claim to Compensation under this
Act, such Sum or Benefit shall be treated either as extinguishing
such Claim, or as applicable to diminish the Amount which
might otherwise be awarded to him as aforesaid.

CCX. And be it enacted. That in the Case of any Borough Compensation
named in the said Schedule (A.) or in the said Schedule (B.) SJ^"*"^**^
in which there shall be a Body Corporate under the Provisions tifiarteundCT*
of this Act, the Amount of the Sum or Annuity payable to any CoauntinSnL
Person as such Compensation as aforesaid, if not forthwith paid,
shall be secured to such Person by Bond under the Common
Seal of the Borough out of whose Funds the same shall be
payable^ in a sufficient Penalty, conditioned for the Payment
to such Person, his Executors or Administrators or Assigns, of
the Amount of such Sum, with Interest, and all Arrears thereof
(if any) accrued due before the Date of such Bond; and when
any Person shall be entitled to any Annuity, Pension, Allowance,
Stipend, or Sum of Money, payable out of the Borough Fund
of any Borough, the said Council of such Borough shall give
such Bond, securing to such Person, his Executors and Admi*
nistrators, such Annuity, Pension, Allowance, Stipend, or Sum
of Money, with all Arrears thereof, if any, accrued due before

the

820 Gap.lO& Mtmicipal Corporations^ Ireland. 8&4Vict.

the Date of such Bond; and in the Case of any Borough named
in the said Schedule (B.) to which no such Charter of Incorpo-
ration shall have been granted as aforesaid, the Amount of the
Sum or Annuity payable to any Person as such Compensation
as aforesaid, if not forthwith paid, shall be secured to such
Person by Certificate in Writing under the Seal of the Com-
missioners or Guardians acting for the Borough out of the
Town Fund of which the same shall be payable^ stating that
the Town Fund of the Town in which such Person shall be or
have been in Office is liable to the Payment to such Person,
his Executors, Administrators, or Assigns, of the Amount of
such Sum, with Interest and all Arrears (if any) accrued due
before the Date of such Certificate respectively : and when any
Person shall be entitled to any Annuity, Pension, Allowance,
Stipend, or Sum of Money payable out of the Town Fund of
any Borough which shall be sufficient for Payment thereof, the
said Commissioners or Guardians acting for such Borough shall
give a Certificate under their Common Seal to such Person that
such Town Fund is liable to the Payment to such Person, his
Executors and Administrators, of such Annuity, Pension, Al-
lowance, Stipend, or Sum of Money, with all Arrears thereof
^if any) accrued due before the Date of such Certificate; and
every such Bond and Certificate shall be prepared and executed
at the Expence of such Borough Fund or Town Fund respec-
tively, and delivered to the Person entitled to such Compen-
sation as soon as conveniently may be after the Amount thereof
shall have been determined as aforesaid by the said Council,
Commissioners;, or Guardians, as the Case may be, or shall
have been determined, in the event of such Appeal as afore-
said, by Order of the said Lords Commissioners of the
Treasury.
When tiie Act CCXI. And be it enacted. That within Ten Days after the
shaU come into passing of this Act the Poor Law Commissioners shall certify
^'^^ under their Hands and Seals to the Lord Lieutenant the Name

of each of those Boroughs named in the said Schedule (A.) in
which any Rate for the Relief of the destitute Poor in Ireland
shall have been then made, and as soon as any Rate for the
Relief of the destitute Poor in Ireland shall have been made in
any other of the Boroughs named in tlie said Schedule (A.)
shall certify under their Hands and Seal to the Lord Lieu-
tenant that such Rate shall have then been made, and such
Commissioners shall state in every such Certificate the Day on
which such Rate shall have been made; and upon the Poor
Law Commissioners so certifying as to any of the Boroughs
named in said Schedule (A.) the Lord Lieutenant shall cause
such Certificate to be published in the Dublin Gazette^ with a
Declaration that upon the Day happening next after the Ex-
piration of Twelve Calendar Months from the Day so to be
stated in such Certificate this Act shall be in force in such
Borough or Boroughs respectively named in the Certificate ;
and upon such Day this Act shall come into operation, com-
mence.

184a Mmidpd Q>rporation$i IreUmd. Cap.lO& 821

inence, and be in force in the Borough or Boroughs named in
such Certificate.

CCXII. * And whereas it may happen that the several Pro- Periods o<m-
« visions of this Act cannot be carried into effect within the ^^^^on^"*

* several Periods herein-before specified and limited in that aod Election

* Behalf;' be it therefore enacted^ That it shall be lawful for may be deferred
the Lord Lieutenant of Ireland, if he shall think fit, by the ^^^^ ^
Advice of Her Majesty's Privy Council there, to ordet any
convenient Day after this Act shall come into operation in any

Borough for doing the several Matters required or authorized
by this Act to happen or to be done on the Fifth Day of Sep^
tember in the First Year in which tliis Act shall come into
operation in that Borough, instead of the said Fifth Day of
September^ and in such Case all Matters mentioned in such
Order shall be done in the said Year on such Day as shall be
mentioned in that Behalf in such Order, as if the Day men-
tioned in such Order had in every Instance been mentioned
in this Act, instead of the said Fifth Day of September^ and not
otherwise ; and all Things required or authorized by this Act
to happen or to be done on any other Day, or within any Time
from or before or after any Day named in this Act, shall be
done in the said First Year on such other Days and within
such other Times as shall have, in. point of Time, whether prior
or subsequent, the same Relation to the Day so ordered by the
Lord Lieutenant, instead of the Fifth Day of September, as the
Days and Time mentioned in this Act have to the said Fifth
Day of September, but if any such Day fall on a Sunday, then
on the following Day; and no Person shall be entitled to be
enrolled in the Burgess Roll of any Borough in the First Year
in which tliis Act 'shall come into operation in that Borough
unless he would have been entitled on the Fifth Day next before
the Day so ordered by the Lord Lieutenant to have his Name
included in some Churchwarden's List, if such List had been
made out on the said Fifth Day next before the Day so
ordered.

CCXIIL And be it enacted, That the Accounts of the Re- Accounts to 4>e
ceipt and Expenditure of every Corporation, or of such Com- '«f«Ted to Com-
missioners as aforesaid, or of the Governors of the Hospital and PubUc Ac-
Free School of King Charles the Second, Dublin, shall, from counts,
and after the passing of this Act, be referred by the Secretary
of State to the Commissioners appointed or to be appointed for
auditing Public Accounts under an Act passed in the Twenty-
fifth Year of the Reign of His Majesty King George the Third,
intituled An Act for the better examining and auditing the PubUc S56.s. c.52.
Accounts of this Kingdom, also under an Act passed in the Forty-
sixth Year of the Reign of His said late Majesty King George
the Third, intituled An Act for making more effectual Provision for 46G.S. ci4i.
die more speedy and regutax Examination and Audit of the PubUc
Accounts of this Kingdom, and also under an Act passed in the
First and Second Years of the Reign of His late Majesty King
George the Fourtli, intituled An Act to alter and abdish certain i&sG.4.c.i8i.

Forms

822

Cap. 108.

Municipal Corporations, Ireland, 3 & 4 Vicr.

Treasury em^
powered to
make new
Arrangements
and Relations
for auditing
Public Ac-
counts.

Interpretation
Clause.

Forms of Proceedings in the Exchequer and Audit Office relative
to Public Accountants, and for making further Provisions far the
Purpose offadlitating and expediting tiie passing of Public Accounts
in Great Britain, and to revder perpetual and amend an Act passed
in the Fifty fourth Year of His late Majesty, for the effectual JEr-
amination of the Accounts of certain Colonial JEisvenues; and all the
Powei*s and Provisions now in force of the same Acts shall extend
and be applicable to the Examination, Audit, and Discharge of
the Accounts of the said Boroughs by the said Commis-
sioners, as far as their Powers and Provisions are applicable
thereto.

CCXIV. And be it enacted. That it shall be lawful for the
Commissioners of Her Majesty's Treasury for the Time being,
or any Three or more of them, from Time to Time, by Warrant
under their Hands, to direct such new Arrangements in the
Office of the said Commissioners for auditing Public Accounts,
and to assign to the Commissioners, individually or collectively,
the Exercise of such Duties, and to make such Orders and
Regulations in respect to the Conduct of the Business of the
Office, as the said Commissioners of Her Majesty's Treasury
shall deem expedient, and best calculated to ensure tlie
most prompt and speedy Examination and efficient Audit
of the Accounts of the Receipt and Expenditure of the said
Boroughs.

CCXV. And be it enacted, ITiat in the Construction of this
Act the Word " Borough " shall be construed to mean City,
Borough, or Town Corporate named in One of the Schedules to
this Act annexed, and where the Name of such Borough has
belonged to a County of a City or County of a Town shall be
construed to include in its Meaning County of a City or County
of a Town ; and unless there be something in the Subject or
Context repugnant to such Construction the Words " Body
Corporate " shall be construed to mean the Body Corporate of
a Borough named in One of the Schedules to this Act annexed,
and also to include all Guilds and Fraternities of, within, or
connected with the Body Corporate of any siich Borough ; and
the Word " Burgess " shall be construed to mean Citizen, in
the Case of a City ; and the Word " County " shall be construed
to mean County or Riding ; and the Word " Trustees " shall
be construed to mean Trustees, Commissioners, or Directors,
or the Persons charged with the Execution of a Trust or public
Duty, by whatever Name they are designated ; and the Word
*^ Parish " shall be construed to extend to any Extra-parochial
Precinct or Place as well as a Parish ; and the Word " Land '*
shall be construed to include any Land, whether the same shall
or shall not have any Building thereon ; and the Words ^^ Lord
Lieutenant " shall be construed to mean tlie Lord Lieutenant,
Lords Justices, or other Chief Governor or Governors oi Ireland;
and the Words ** Lord Chancellor ** shall be construed to mean
the Lord Chancellor, or Lord Keeper or Lords Commissioners
for the Custody of the Great Seal ; and that in all Things

herein

1840. Mmicipal CarporatianSf Irdcmd. Cap. 108. 623

herein provided to be done, until the First Election of Coun-
cillors in any Borough under this Act shall have been declared,
the Word ** Mayor " shall be construed to mean the Chief
Officer of a Borough, by whatever Name he is now called, or ^
when there mav be no such Chief Officer the Returning Officer
at Elections ot Members to serve in Parliament for such Bo-
rough, or when there may be neither any such Chief Officer or
Returning Officer then such Person as the Lord Lieutenant for
the Time being shall by Writing under his Hand appoint to
perform the Duty of Mayor under the Provisions herein con-
tained; and in describing any Person or Thing any Word
importing the Singular Number shall be construed to mean
also several Persons or Things respectively, unless there be
something in the Subject or Context repugnant to such Con-
struction ; and that no Misnomer or inaccurate Description of
any Person, Body Corporate, or Place named in any Schedule
to this Act annexed, or in any Roll, List, Ward List, Notice,
or Voting Paper required by this Act, shall hinder the full
Operation of this Act with respect to such Person or Place,
provided that such Person or Place shall be so named as to be
commonly understood; and in all Cases where an Oath or Affi-
davit is required under this Act the Affirmation or Declaration
of a Quaker, Moravian, or Separatist shall be accepted in lieu
of such Oath or Affidavit.

CCXVI. Provided always, and be it enacted, That nothing Act not to ei-
in this Act contained shall extend to or comprise any Property, ^ny rf^Fia^"^
not derived from the Crown or from Parliament, belonging to ternities.
or in Possession of any Fraternity or Guild within or connected
with any of the said Bodies Corporate, but that it shall be lawful
for the Members of such Fraternity or Guild to dispose of and
appropriate such Property (but subject to any charitable Trust,
lawful Debt or Engagement, if any, previously affecting the
same, or contracted or undertaken in respect thereof) towards
such public Object or charitable Purpose as shall be agreed
upon and determined by the Members of such Fraternity or
Guild, or a Majority of such Members present at any Meeting
or Meetings to be held at any Time after the passing of this
Act, and to be specially convened for the Purpose of determining
as to the future Disposition of such Property.

CCXVIL And be it enacted. That this Act may be amended Act may be
or repealed by any Act to be passed in this present Session of *""»<^«<*» *«•
Parliament.

SCHE-

624

Gapbioa

Jlftmtici)»i/ Corporations, Jrdand. 3 & 4 Vicr.

SCHEDULES to which this Act refers.

Schedule (A.)

•

i

•

Borough.

1

6

g

<

10

1

9

80

Style of Corporate Body.

Belfast -

The Sovereign, Free Burgesses, and Com-

monalty of the Borough of Belfast.

ClONM£L

2

6

18

The Mayor, Free Burgesses, and Com-
monalty of the Town of ClonmeL

Cork -

8

16

48

The Mayor, Sheriffs, and Commonalty
of the City of Cork.

Drogheda

8

6

18

The Mayor, Sheriffs, Burgesses, and Com-
monalty of the County of the Town
of Drogheda.

Dublin

15

15

45

The Right Honourable the Lord Mayor,
Sheriffs, Commons, and Citizens of the
City of Dublin.

' The Mayor and Citizens of the City of
Kilkenny.

Kilkenny

2

6

1

18

* The Portreeve, Burgesses, and Com-
mons of the Borough or lown of
Irish town.

Limerick

5

10

80

The Mayor, Sheriffs, and Citizens of the
City of Limerick.

Londonderry -

3

6

18

The Mayor, Commonalty, and Citizens
of Londonderry.

Slioo

8

6

18

The Provost, Free Burgesses, and Com-
monalty of the Borough of Sligo.

Waterford -

5

10

30

The Mayor, Sheriffs, and Citizens of the
County of the City of Waterford in the

w

Kingdom of Ireland.

Schedule (B.)

Borough.

Ardee -

Armagh

Athlone

Style of Corporate Body.

The Portreeve, Burgesses, and Commons of the Cor-
poration of Atherdee.

The Sovereign, Free Burgesses, and Commonalty of die
Borough of Armagh.

The Sovereign, Bailiffs, Burgesses, and Freemen of the
Town of Athlone.

1840.

Mw^cqkd CcrporaHom^ Irekaid^ Cap* 108.

885

Borough.

Athy -
Bandon -
Boyle -

Callan -

Carlow -

CARRICKFfiRGUS

Cashel

Charleville -
Cloohnakiltt
Coleraine
Dingle -
Dundalk
dungannon -
Knnis -
Enniscorthy -
£nniskillen -

J

Fethard
Galway

GOREY -

Kells -

KiNSALE

Longford

Maryborough

monaghan

Style of Corporate Body.

The Sovereign, Bailifisy Free Burgesses, and Commonalty

of the Borough of Athy.
The Provost, Free Burgesses, and Commonal^ of the

Borough of Bandon Bridge.
*The Borough Master, Free Burgesses, and Commonal^

of the Borough of Boyle.
The Sovereign, Burgesses, and Freemen of Callan.
The Sovereign, Free Burgesses, and Commonalty of the

Borough of Catherlagh.
The Mayor, Sheriff, Burgesses, and Commonalty of the

Town of Carrickfergus.
The Mayor, Aldermen, Bailiffs, Citizens, and Commons

of the City of Cashel.
The Sovereign, Bailiffs, and Burgesses of the Borough

of Charleville.
The Sovereign, Free Burgesses, and Commonalty of the

Borough of Cloghnakilty.
The Mayor, Aldermen, and Burgesses of the Town of

Coleraine.
The Sovereign, Burgesses, and Commonalty of the Town

of Din^le-i-coueh.
The Bailiff, Burgesses, and Commonalty of the Borough

of Dundalk.
The Provost, Free Burgesses, and Commons of the

Borough of Dungannon.
The Provost, Free Burgesses, and Commonal^ of the

Town of Ennis.
The Portreeve, Free Burgesses, and Commonalty of the

Borough of Enniscorthy.
The Portreeve, Free Burgesses, and Commonalty of the

Borough of Enniskillen.
The Sovereign, Chief Burgesses, Portreeve, and Freemen

of the Town of Fethard.
The Mayor; Sherifis, Free Burgesses, and Commonalty

of the Town and County of the Town of Galway.
The Sovereign, Bui^esses, and Free Commons of the

Borough imd Town of NewborougL
The Sovereign, Provost, Burgesses, and Commonalty 6f

the Borough of Kells.
The Sovereign, Burgesses, and Commonalty of the Town

of Kinsale.
The Sovereign, Bailifis, and Burgesses of the Borough of

Longford.
The Burgomaster, Bailiffs, Burgesses, and Commonalty

of Maryborough.
The Provost, Free Burgesses, and Commonalty of the

Borough of Monaghan.

82S

Cap. 108.

Municipal Carpordtiansy Ireland. 3 & 4 Vict.

Borough.

Style of Corporate Body.

Naas -

Navak -

New Ross
portarlington

Strabane

Tralee -

Trim -

TUAM -

Wexford

WiCKLOW
YOUGHAL

The Sovereign, Provost, Burgesses, and Commonalty of

Naas.
The Portreeve, Burgesses, and Freemen of the Town or

Borough of Navan.
The Sovereign and Burgesses of New Ross.
The Sovereign, Bailifis, and Burgesses of the Borough and

Town of rortarlington.
The Provost, Free Burgesses, and Commonalty of the

Town of Strabane.
The Provost, Free Burgesses, and Commonalty of the^

Borough of Tralee.
The Portreeve, Burgesses, and Freemen of Trim.
The Sovereign, Free Burgesses, and Commonalty of the

Borough of Tuam.
The Mayor, Bailiffs, Free Burgesses, and Commonalty of

the Town or Borough of Wexford.
The Portreeve, Free Burgesses, and Commonalty of the

Town of Wicklow.
The Mayor^ Bailiffs, Burgesses, and Commonalty of the

Town of Youghal.

Schedule (C.)

1.— BELFAST.

GENERAL BOUNDARY.

Belfast. — From the Point at which the River Blackstaff meets the Watercourse
which flows along the Street called Done^l Pass, along the said
Watercourse, to the Point at which Donegal Pass crosses the Aqueduct
which supplies the Town; thence, Southward, along the Aqueduct
to the Point at which the same joins the Stream by which it is fed ;
thence^ Westward, along the said Stream to the Point at which the
same meets Blackstaff Lane; thence along the South Side of Black-
staff Lane to the Centre of the Brick Building of the Reservoir or
Fountain; thence in a straight Line to a circular Building at a
Springhead or Well called Tea Lane Fountain ; thence in a straight
Line to another circular bricked Fountain or Well in the Grounds
near the Flax Mill belonging to Messrs. Murphy and Company ;
thence in a straight Line to the South-eastern Angle of the Boundary
of the Townland of Edenderry ; thence, Northward, along the said
Townland Boundary to the Point at which the same meets a Stream ;

thence,

1840. Mwdeipal Carporaiionsf Ireland. Cap. 108. 827

thenccs Westward, along the said Stream to the Point at which the
same meets the Western Wall of Mr. Francis M*Cracken's Rope-
walk ; thence, Northward, along the Wall of the said Rope-walk to
the Point at 'which the same meets the Shank Hill Road; thence in
n straight Line to the Southernmost Point at which the Boundary of '
the new Burying Ground meets the Antrim Road ; thence, North-
ward, along the Antrim Road to the Point at which the same meets
the Read leading from the Antrim Road to the old Road from
Belfast to Carrickfergus ; thence along the said Road leading to the
old Road to Carrickfergus to the Point at which the same meets the
old Road from Belfast to Carrickfergus; thence, Northward, along
the old Road from Belfast to Carridcfergus to the Point at which
the same meets the MHl Water ; thence, Eastward, along the Mill
Water to the Point at which the same meets the Shore of Belfast
Lough; thence in a straight Line across Bel&st Lough to the Nortli-
^astern Point of the Boundary of the Townland of Ballymacarrett ;
thence. Southward, along the Boundary of the Townland of Bally-
macarrett to the Southernmost Point at which the same meets the
RiTei* Lagan; thence. Southward, along the River Lagan to the Point
at which the same meets the River Blackstaff ; thence along the *
liiver BlackstafF to the Point first described.

To be divided into Five Wards, according to the following
Boundaries ; and in every such Ward there shall l>e
Two Aldermen and Six Councillors.

No. L — Dock Ward.

Firom the South-eastern Angle of Donegal Quay, Westward, along
Donegal Quay, to the Point at which the same meets Waring
Street ; tliuence along Waring Street to the Point at which the
same meets Mary Street; thence, Northward, along Mary
Street to the Point at which the same meets Ck>rdon Street ;
thence, Westward, along Gordon Street to the Point at which
the same meets Grattan Street ; thence along Grattan Street to
the Point at which the same meets Green Street; thence along
Green Street to the Point at which the same meets Academy
Street; tlience, Northward, along Academy Street to the
Point at which the same meets Great Patrick Street ; thence,
Westward, alon^ Great Patrick Street to the Point at which
the same meets Frederick Street; thence along Frederick Street
to the Point at which the same meets North Queen Street ;
thence. Southward, i^ng 'North Queen Street to the Southern
Angle of the Boundary Widl of the Belfast Poorhouse; thence,
Westward, along the new Antrim Road to the Point at which
the same meets the Boundary of the Borough; thence^ North-
ward, and along the Bounckry of the Borough, to a Point
in the Channel Three hundred Feet from the West Shore of
Belfast Lough ; thence in a straight Line to the Point first
described.

[No 53. Price 2rf.] 3 G

828 Cap. 108. Municipal CorparaHom^ Ireland. 3 & 4 Vict.

No. 2. — St. Anne's Ward.

From the Point at ivhich Waring Street meets Mary Street,
Northward, along Mary Street to the Point at which the same
meets Gordon Street; thence, Westward, along Gordon Street
to the Point at which the same meets Gr^ttan Street : thence
along Grattan Street to the Point at which the same meets
Academy Street; thence, Northward, along Academy Street
to the Point at which the same meets Great Patrick Street ;
thence, Westward, along Great Patrick Street to the Point at
which the same meets Frederick Street; thence along Frederick
Street to the Point at which the same meets North Queen
Street ; thence. Southward, along North Queen Street to the
Southern Angle of the Boundary Wall of the Belfast Poor-
house ; thence. Westward, along the new Antrim Road to the
Point at which the same meets the Boundary of the Borough ;
thence. Westward, along the Boundary of the Borough to the
Point at which the same meets the Old Lodge Road ; thence,
Eastward, along the Old Lodge Road to the Point at which
the same meets North Street ; thence. Eastward, along North
Street to the Point at which the same meets Waring Street ;
thence along Waring Street to the Point first described

No. 3 Smithfield Ward.

From the Point at which North Street meets Rosemary Street,
along Rosemary Street, to the Point at which the same meets
Hercules Place; thence. Southward, along Hercules Place,
passing in front of the Northern Bank, to the Northern End
of Donegal Place ; thence along Donegal Place to the Point at
which the same meets Donegal Square North; thence. West-
ward, along Donegal Square North to the Point at which the
same meets Wellington Place ; thence along Wellington Place
to the Point at which the same meets College Square East;
thence, Northward, along College Square East to the Point at
which the same meets College Square North ; thence. Westward,
along College Square North to the Point at which the same
meets Durham Street; thence. Northward, along Durham
Street to the Point at which the same meets Pound Street ;
thence along Pound Street to the Point at which the same
meets the Boundary of the Borough ; thence. Northward, along
the* Boundary of the Borough to the Point at which the same
meets the Old Lodge Road ; thence. Eastward, along the Old
Lodge Road to the Point at which the same meets North
Street; thence. Eastward, along North Street to the Point first
described.

No. 4. — St. Oeorges Ward.

From the South-eastern Angle of Donegal Quay, Westward, along
Merchant's Quay, to the Point at which the sanie meets Waring
Street; thence along Waring Street to the Point at which the
same meets Rosemary Street ; thence along Rosemary Street

to

1840. Mumdpal Carpmxdam, Irdand. Cap. 108. 829

to the Point at which the same meets Hercules Place; thence»
Southward, along Hercules Place, and passing in front of the
Northern Bank, to the Northern End of Donegal Place; thence
along Donegal Place to the Point at which the same meets
Donegal Square North; thence^ Eastward, along Donegal
Square North to the Point at which the same meets Chichester
Street ; tlience along Chichester Street to the Point at which
the same meets the River Lagan; thence^ Southward, along
the River Lagan to the new Bridge over the River Lagan ;
thence, Eastward, along the new Road from Belfast to Bangor
to the Point at which the same meets the old Road from Bel&st
to Bangor; thence^ Eastward, along the Bangor Road to the
Point at which the same crosses the Boundary of the Borough ;
* thence. Northward, along the Boundary of liie Borough to the

Point in the Cliannel, Three hundred Feet from we West
Shore of BelfiuBt Lough; thence in a straight Line to the Point
first described.

No. 5. — Cromac Ward.

From the Point at which the Boundary of the Borough crosses
Pound Street, Southward, along Pound Street, to the Point at
which the same meets Durham Street; thence along Durham
Street to the Point at which the same meets College Square
North; thence along College Square North to the Point at
which the same meets College Square East ; thence along College
Square East to the Point at which the same meets Wellington
Place; thence along Wellington Place to the Point at which
the same meets Donegal Square North ; thence along Donegal
Square North to the Point at which the same meets Chichester
Street ; thence along Chichester Street to the Point at which
the same meets the River Lagan ; thence, Southward, along the
River Lagan to the new Bridge over the River Lagan ; thence,
Eastward, along the new Road from Belfast to Bangor to the
Point at which the same meets the old Road from Belfast to
Bangor; thence. Eastward, along the Bangor Road to the Point
at which the same crosses the Boundary of the Borough ; thence,
Southward, along the Boundary of the Borough to the Point
first described.

2— CLONMEL.

GENERAL BOUNDARY,

Being the Parliamentary Boundary.

Clonmel. — From the Point at which the Western Inclosure Wall of the House
of Lidustry meets the River Suir, along the said Western Wall, to the
Point at which the same meets Marl Street; thence along Saint Ste-
phen's Lane to the Point at which the same meets the Old Cahir Road ;

3 G 2 thence,

89Q Cap«'108. Municipal CorporaHanM^ bdaatL 3 & 4 Vicr.

thence, Eastward, along the Old Cahir Road to the Point at which
the same is met by a Lane running Northward; thence, Northward,
along the said Lane to the Point, at wliich the same is met by the first
Bank on the Right; thence, Eastward, along the said Bank to the
Point at which the same is met by a Lane coming from the North
and turning to the East; thence. Eastward, along the last-mentioned
Lane to the Point at which the same cneets Hey wood Street ; thence
along a Bank which runs Eastward from a House a little to the South
of the Point last described to the Point at which the said Bank
meets a small Bye Lane leading to the Cashel Road ; dience. South-
ward, along the said Cashel Road to the Point at which the same is
met by the Southern Boundary Wall of the Park or Pleasure Grounds
of Mr. David Maicolmson ; thence along the said Boundary Wall to
the Point where the said Wall iDeets Upper Johnson Street ; thence.
Eastward, along Backbone Lane to the Extremity thereof; thence to
a Point in the new Road to Fethard, wbidk Point is Sixtv-four Yards
to the North of the Spot at which the said Road ia crossed by Bonlie
I^ne; tlience, Southward, for Sixty-four Yards to the said Spot
where the Fetliai^d Road is crossed by Bonlie Lane ; thence. East-
ward, along Bonlie Lane for about Six hundred and forty-four Yards
to a Point at which the same is met by a Bank on the Right opposite
a small House; thence, Southward, along the said Bank for the Dis-
tance of about Two hundred and nine Yards to the Point where it is met
by another Bank running Eastward; thence, Eastward^ along the last-
mentioned Bank for about Fifty Yards to a Pohit where the same
makes an Angle in turning to the South; thence, Southward, for
about Fifty Yards along a Bank which leads to a Bye Road to
Powerstown until the said Bank reaches the said Bye Road ; thence.
Eastward, along the said Bye Road for the Distance of about Two
hundred and seventeen Yards to the Spot where it is met by the first
Bank on the Right ; thence in a straight Line to the most Northern
Point of a Bank on the Southern Side of the Dublin Road, which
Point is distant al)out Four hundred and sixty -four Yards from a
Stone in Barrack Street which marks the South-eastern Corner of
the Ordnance Land ; thence along the last-mentioned Bank to the
Point at which the same meets tiie River Suir; thence along the
Southernmost Cliannel of the River Suir as far as Moore's Island ;
thence along tlie Channel of the same to the North of Moore's Island
to the Point first described.

To be divided into Two Wards, according to the following
Boundaries; and in every such Ward there shall b6
Three Aldermen and Nine Councillors.

No. L — East fVard.

All that Portion of the Borough situated East of the following
Line ; viz. — From the Point where the Fethard Road intersects
4he Municipal Boundary, Southward, along Upper Johnsoa
Street to the Point of meeting Main Street; thence. Westward,
along Main Street to the Point of meeting Bridge Street, along
the Flour Mills, and over the Goat's Bridge, to the Pbmt where
that Road intersects the Municipai Boundary.

1^0. Municipal Cnrporationt^ Ireland. Cap. 10$^ 801

Na2.— i^crf fVard.

AH tliat Portion of the Borough situated Westward of the Line
described in East Ward*

a— CORK.

GENERAL BOUNDARY.

CouK. — From the Point where Silver Stream Lane meets the Dublin Road,
Northward, along the said Lane, to the Upper Glanmire Road ;
thence in a straight Line and North Direction to the Spring and
Stream that flows into the Gten River ; thence follow the Stream to
the River; thence, West, along the River Glen to the Eastern Wall
of Callaghari*s Distillery ; thence. Northward, along the said Wall to
Spring Lane; thence, E^t, along Spring Lane to Ballyvo Road;
thence in a straight Line and Westerly Direction to the Junction of
the Mallow and old Dublin Roads ; thence in a straight Line and
Westerly Direction to the Junction of Fairfield Lane and Brockles-
bujy Sireet ; thence in a straight Line and Southerly Direction to
the West End of Water Lane ; thence to a Point in Fair Lane Five
hundred Yards to the North of the Junction of the said Lane with
Corbett's Lanc^ ; thence to a Point on the Granagher Road Four
hundred Yards from it^ Junction with Blarney Road; thence in a
straight Line to a Junction of the Lane (near SkillaLane) leading to
die City Gaol with the Blarney Road ; thence along the Lane leading
to the City Gaol to the South-West Corner of the surrounding Wall of
the said Gaol; thence in a straight Line to a Point on the Sunday
Well Road Three hundred Yards to the East of Wellington Bridge;
thence in a straight Line to a Point on the Mardyke Walk Seven
hundred Yards to the Eiast of the f-*ane leading from Wellington
Bridge to the said Mardyke Walk ; thence in a straight Line to the
Road leading to the County Gaol ; thence along the said Road to die
North-east Corner of the surrounding Wall of the said County Gaol;
thence along the said North-east Wall to the Northern Macroom and
Bandon Road ; thence in a straight Line to a Point on the Bandon
Road One hundred and twenty Yards West df the Junction of the
said Road with the Southern Macroom and Bandon Road ; thence in
a straight Line to a Point oti the Kinsale Road Three hundred and
seventy Yards from the Junction of Lough Lane with the Bandon
Road, and measured along die Middle of Lough Lan^ and the Kin-
sale Road ; thence in a straight Line to the Junction df Poula Duff
Road with Gallows Green ; thence in a straight Line and South-east
Direction to the Point where the New Burying Ground Lane meets
Friar's Walk ; thence along the New Burying Ground Lane to the
Carragh Road; thenee in a North-eaat Direction along Che Curragh
Road to Evergreen Road ; thence in a straight Line atnd North-east
Direction to a Point on the Passage Road where a Lane leads from

3G 3 die

882 Cap. 108. Municipal Corporatumsj Ireland. 3 8c 4 Vict.

the said Road to the Junction of the Black Rock Road with Boreen
M anagh Lane ; thence along the said Lane to the Point of Junction
of the said Black Rock Road and Boreen Managh Lane; thence.
East, along the said Black Rock Road to Lucy Ville Lane; thence in
a straight Line to the nearest Point of the surrounding Wall of the
City Gas Works ; thence along the Eastern Wall of the said Gas
Works to the nearest Point of the River ; thence, Eastward, along
the High-water Mark to the Point nearest the Old Castle ; thence
across the River to the first^named Point.

To be divided into Eight Wards, according to the following
Boundaries; and in every such Ward there shall be
Two Aldermen and Six Councillors.

No. L — Lee Ward.

From the Point where Fair Lane meets the Borough Boundary
proceed, Southward, along Fair Lane, Baily's Lane, Rogerson
Lane, Bishop's Lane, Manning's Lane, to Dominick Street;
Eastward, along Dominick Street to Widderly Lane, along
Widderly Lane to the River Lee ; Westward, along the River
Lee to the Borough Boundary ; Northward, along the Borough
Boundary to the Point first described.

No. 2.— St. Patrick's Ward.

From the Point where Fair Lane meets the Borough Boundary
proceed. Southward, along Fair Lane, Baily's Lane, Jlogerson
Lane, Bishop's Lane, Manning's Lane, to Dominick Street;
Eastward, along Dominick Street to Widderly Lane, along
Widderly Lane to the River Lee, thence along the River Lee
to St. Patrick's Bridge; Northward, up Bridge Street,
St« Patrick's Hill, Audley Place; Eastward, along the old
Road to Youghal to the Point at which it is intersected by the
new Road to Ballyhooly ; thence along the new Road to Batly-
hooly to the Boundary of the Borough ; Westward, along the
Boundary of the Borough to the first-named Point.

No. 3. — Olanmire Ward.

From St Patrick's Bridge, I^orth, up Bridge Street, St Patrick's
Hill, Audley Place ; East, along the old Road to Youghal to
the Point at which it is intersected by the new Road to Bally-
hooly ; thence along the new Road to Ballyhooly to the Borough
Boundary; East, along the Borough Boundary to the River
Lee; thence, West, along the River Lee to the Point first
described.

No. 4. — Corn Market Ward.

From Parliament Bridge, East, along the South Channel of the
River Lee to the Borough Boundary ; thence. South, along the
Borough Boundary to Friar's Wpiik ; North, along Friar's Walk

to

1810. MvmcgHd Corporations^ Ireland* Cap. 108. 833

to Cat Lane; West, along Cat Lane, Bluecoat Street, Abbey
Street, Travers Street, Drunam Street ; East, along Sullivan's
Quay to the Point first described.

No. 6. — St. Fin Barr's Ward.

From the Point where Friar's Walk meets the Borough Boundary,
North, along Friar's Walk to Cat Lane ; West, along Cat Lane
to Bluecoat Street, along Bluecoat Street, across Abbey Street,
along Travers Street, Drunam Street, Sullivan's Quay, to Par-
liament Bridge; West, along the Southern Branch of the River
Lee to South Bridge; Northward, up South Main Street to
Great George Street, East, along Great George Street to
Wandesford Street, along Wandesford Street to Clarke's Bridge;
West, along the South Branch of the River Lee to the Borough
Boundary ; South, along the Borough Boundary to the Point
first described.

No. 6. — Mansion House Ward.

From North Bridge proceed, South, along North Main Street to
Great George Street, to Wandesford Street, along Wandesford
Street to Clarke's Bridge; thence. West, along the South Branch
of the River Lee to the Borough Boundary ; North, along the
Borough Boundary to the North Branch of the River Lee;
East, along the North Branch of the River Lee to the Point
first described.

No. 7. — Exchange Ward.

From North Bridge proceed, South, along North Main Street,
along South Main Street, to South Bridge; East, aloi^ the
Soutn Channel of the River Lee to the Point opposite Queen
Street, thence to Queen Street, along Queen Street to South
Mall ; West, along South Mall to Marlboro' Street, along Marl-
boro' Street, across St, Patrick's Street, to Academy Street,
along Academy Street, Halfmoon Street, to the North Channel ;
West, along the North Channel to the Point first described.

No. 8. — Custom House Ward.

From the Point on the South Channel of the River Lee opposite
Queen Street, proceed direct to Queen Street; North, along
Queen Street to South Mall ; West, along South Mall to MarU
boro' Street, along Marlboro' Street, across St Patrick's Street,
to Academy Street, along Academy Street, Halfmoon Street, to
the North Channel ; East, along the North Channel and round
the Island ; and West, along the South Channel to the Point
first described.

dG 4

834 Cap. 108. Mvaddpal Ccrparatiam^ Irehmd. 3 & 4 Vxcx.

4,— DROGHEDA.

GENERAL BOUNDARY.

DaoGUfnA.— From the Point called Liberty Bridge»near Greenhill8,ontheLert
Bank of the River Boyne, East of the Town, where a small Stream
enters the River in an Easterly Direction, up Cord Lane to the South-
east Corner of the Burial Ground; thence, Northerly, along the FavbI
Boundary Wall of the Burial Ground up the Lane to Scarlet Lane ;
thence to the Nortl)-west Corner of the Gaol Wall; thence in a
straight Line to the North-east Corner of Harman's Garden Wall;
thenee, Southerly, round the Garden Wall to the South-west CormT;
thence in a straight Line to the Cross Roads at the Top of Windmill
Lane ; thence to the North Road to the Point where the Parlia-
mentary Boundary crosses it; thence in a straight Line, along tlie
Parliamentary Boundary, to the South-west Corner of Laburnani
Nursery, being about Three hundred Yards ; thence in a straight
Line to the Junction of Mill Lane and CoUon Road ; thence in a
straight Line to Low-water Mark, Left Bank of the River; thence,
diagonally across the River, down Stream to a Sluice where a small
Stream enters the River and the Parliamentary Boundary crosses ;
nhence to the South End of Mr. Ball's House, Ball's Grove; thence
to the Junction of a Lane coming from the South with the Road to
Navau and the Black Lion near a Stone Quarry, and about Two
hundred and fifty Yards South of the River ; thenee in a straight
Line to Levan's Bridge ; thence, keeping the Course of the Brook,
Westerly, to Cooley Bridge ; thence in a straight Line to the South*
east Angle of the Boundary Wall of St. Mary's Churchyard, being
Part of die old Town Walls ; thence in a straight Line to the Dublin
Road at the Point of Junction with a Lane running North from
Cromwell's Mount ; thence in a straight Line to the East End of
Mr. Weir's new House on the Road to Morningtown ; and thence,
across the River to tlie Point first described.

To be divided into Three Wards, according to the follow-*
ing Boundaries; and in every such Ward there shall
be Two Aldermen and Six Councillors.

No. h—fVest Gate Ward.

Commencing at the Borough Boundary on the North Road, and
thence in a South-easterly Direction down the Centre of the
North Road to its Intersection with Fair Street; thence.
Easterly, down Fair Street to its Intersection with Scholes
Lane; thence. Southerly, down Scholes Lane to its Intersection
with West Street ; thenc^ Easterly, down West Street to its
Intersection with Shop Street ; thence^ Southerly, down Shop
Street, over the Bridge, up the Bull Ring^ to its Intersection
with Barrack Lane ; thence, South*westerly, up Barrack Lane,
past the Barracks, to its Intersection with Duleek Street ; tlience

up

1840. Mmicipal QarparaH&iu^ Jrdand. Cap.lO& 835

up Duleek Street to the Borough Boundary at Cooley Bridge ;
tbencet Westerly, round the Borough Boundary, across the
Kiver, along the Boundary, to the Point first named. The
whole of the Area within thb Line to form West Gate Ward.

No. 2— Fair Gaie Ward.

Commencing at the Borough Boundary on the North Road as
before, and coming in a South-easterly Direction down the
Centre of the North Road to its Intersection with Fair Street;
tlience, Easterly, down Fair Street to its Intersection with
Soholes Lane; thence. Southerly, down Scholes Lane to its
Intersection with West Street; thence, Easterly, down West
Street to its Intersection with Peter Street ; thence. Northerly,
up Peter Street to where it meets the Ends of William Street
and Fair Street; thence, Easterly, down William Street to its
Intei-section with Palace Street ; thence, Northerly, up Palace
Street to its Intersection with Scarlet Lane ; thence. Easterly,
down Scarlet Lane to the Borough Boundary; thence, Westerly,
round the Borough Boundary to the Point first named on the
North Road. I'he whole of the Area within this Line to form
Fair Gate Ward.

No. 3. — St. Lawrence Gate Ward.

Commencing at the West End of Saint Lawrence Street, where
that Street, Peter Street, West Street, and Shop Street all meet ;
thence, Nortlierly, up Peter Street till it meets the Ends of Fair
Street and William Street; thence. Easterly, down William
Strt^t to its Intersection inth Palace Street ; thence. Northerly,
up Palace Street to its Intersection with Scarlet Lane ; thence.
Easterly, down Scarlet Lane to the Borough Boundary ; thence.
Southerly, along the Borough Boimdary, crossing the River, and
continuing along the Boundary, to Cooley Bridge} thence^
. Northerly, down Duleek Street, along the Eastern Boundary of
West Gate Ward, to the Intersection of Shop Street, Lawrence
Street, and Peter Street, being the Point first named. The
whole of the Area within this Line to form Saint Lawrence Gate
Ward.

5— DUBLIN.

GENERAL BOUNDARY.

DuBJLiN. — From the Point of Intersection of Park Gate Street with a Road
running Northerly along the Phcenix Park Wall, along the said
Phcenix Park Wall until it meeu the Circular Road, and Easterly,
along the Circular Road to the West End of the Roman Catholic
Chapel of Saint Peter; thence. Northerly, in a straight Line to the
West End of Mr. Hay's MUl about ITiree hundred and Sixty Yards

to

836 Cap. 108. - Municipal Corporations^ Ireland. 3 & 4 Vlcr*

to the Westwai'd of Westmoreland Bridge across the Royal Canal ;
thence in a direct Line across the Royal Canal to its Northern Bank;
thence, South-east, along the Northern Bank of the Royal Canal to
Jones's Bridge; thence, Northwa^rd, along the Road forming the
Continuation of Russell Street and Jones's Bridge to its Junction with
the Clonliffe Road; thence, South-eastward, along said Clonlifie
Road and Ballybough Bridge to the Centre of said Ballybough
Bridge ; thence, Easterly, along the Centre of the River Tolka to
the Centre of Annesley Bridge ; thence, South-east, in the Direction
of a Point distant perpendicularly Northward Three hundred Yards
from the South-east Corner of the Wall extending from Annesley
Bridge to the East Wall, to the Point where such Line is intersected
by the Prolongation of a Line drawn between Two Points, the one
distant Three hundred Yards perpendicularly Eastward from the
North-east Corner of the East Wall, the other distant perpendicularly
Three hundred Yards Eastward from the South-east Corner of
Mr. Halpin's Patent Slip in the Ballast Office Yard; thence, South-
ward, along the last-mentioned Line and in Continuation thereof
until that Line reaches the Mid Channel of the River LiiFey ;
thence. Westward, along the Mid Channel of the River Liffey until
the Line thus drawn is intersected by a Line drawn from the Centre
of Ringsend Bridge to a Point on the Nortli Wall Two hundred and
forty Yards (measured along the said Wall) from its Eastern Ter-
mination ; thence. Southerly, along the last-mentioned Line to the
Centre of Ringsend Bridge; thence. Westward, along the Road to
Dublin (being a Continuation of Great Brunsw^ick Street) until it
intersects Barrow Street ; thence. Southward, along Barrow Street
to its Point of Intersection with Grand Canal Street ; thence, West-
ward, along Grand Canal Street to Macquay Bridge ; thence, in a
Westerly Direction, along the Southern Bank of the Grand Canal to
its Point of Intersection with the Branch leading to the City Basin
near Griffith Bridge ; thence. Northward, in a straight Line to the
Turnpike Gate, No. 3., at the South-west Angle of the Circular
Road; thence, Northward, along the said Road, through Island
Bridge, and over Sarah Bridge across the LifiPey, to its Point of
Intersection ' with Conyngham Road ; thence, Eastward, along
Conyngham Road and Park Gate Street to the Point first de-
scribed.

To be divided into Fifteen Wards, according to the follow-
ing Boundaries ; and in every such Ward there shall
be One Alderman and Three Councillors.

No. 1. — College Ward.

From the Centre of Carlisle Bridge, Southward, along Carlisle
Bridge, Westmoreland Street, the East Side of CoU^e Green
and Grafton Street, to the Point of Intersection of said Grafton
Street with Nassau Street; thence. South-east, along Nassau
Street and Leinster Street to the Point of Intersection of said
Leinster Street' with Park Street; thence. Eastward, along
Park Street and Harcourt Place, to the Point of Intersection

of

1840. Municipal Carporationsj Irdand. Cap. 108. 837

of said Harcourt Place with Cumberland Street ; thence, North-
ward, along Cumberland Street to its Point of Intersection with
Great Brunswick Street; thence, East, along Great Brunswick
Street, the Dublin Road, and Ringsend Bridge, to the Borough
Boundary ; thence. Northward, along tlie Borough Boundary to
the Middle Channel of the River Liffey ; thence, West, through
the Middle Channel of the River Liffey to the Point first
described.

No. 2. — Merrion Ward.

From the Point of Intersection of Nassau Street with Dawson
Street South, along Dawson Street to the Point of Intersection
of said Dawson Street with Saint Stephen's Green North;
thence. South-east, along Saint Stephen's Green North and
Merrion Row to the Point of Intersection of said Merrion Row
with Upper Merrion Street ; thence^ Northward, along Upper
Merrion Street to its Point of Intersection with Merrion Square
South ; thence. South-east, along Merrion Square South, Upper
Mount Street, and Huband Bridge, to the East End of said
Huband Bridge; thence, North-east, along the Eastern Bank
of the Grand Canal to Macquay Bridge ; thence. South-east,
sdong Grand Canal Street to its Point of Intersection with
Barrow Street ; thence. Northward, along Barrow Street to its
Point of Intersection with Great Brunswick Street; thence.
Westward, along Great Brunswick Street to its Point of Inter-
section with Cumberland Street; thence. Southward, along
Cumberland Street to its Point of Intersection with Harcourt
Place; tlience. Westward, along Harcourt Place and Park
Street to the Point of Intersection of said Park Street with
Leicester Street ; tiience, North-west, along Leicester Street and
Nassau Street to the Point first described.

No. 3. — St Stephen's Ward.

From the Point of Intersection of Mercer Street with King Street
South, Southward, along Mercer Street and French Street to
the Point of Intersection of said French Street with Cuff
Street; thence. Eastward, along Cuff Street to its Point of
Intersection with Harcourt Street; thence. Southward, along
Harcourt Street to its Point of Intersection with the Circular
Road; thence, Southeast, along the Circular Road and Eustace
Bridge to the South End of said Eustace Bridge; thence,
North-east, along the Southern Bank of the Grand Canal to the
East End of Huband Bridge ; thence. North-west, along Huband
Bridge, Upper Mount Street, and Merrion Square South, to
the Point of Intersection of said Merrion Square South with
Upper Merrion Street; thence^ South-west, along Upper Mer*
rion Street to its Point of Intersection with Merrion Row;
thence, Nortii-west, along Merrion Row, Stephen's Green North,
and King Street South, ta the Point first described.

B38 Cap. 108. Municipal Corporaiionsy IrekauL 3 & 4 Vicr.

No. 4. — St. Andreufs Ward.

From the Centre of Carlisle Bridge, Southward, along Carlisle
Bridge, Westmoreland Street, the East Side of College Green,
and Grafton Street, to the Point of Intersection of said Grafton
Street with Nassau Street; thence^ Eastward, along Nassau
Street to its Point of Intersection with Dawson Street ; thence.
Southward, along Dawson Street to its Point of Intersection with
Stephen's Green North; thence. North-west, .along Stephen's
Green North and King Street South to the Point of Intersection
of said King Street South with Johnston's Place ; thence. North-
west, along Johnston's Place and Lower Stephen Street to the
Point of Intersection of said Lower Stephen Street with Drury
Lane; thence, Northward, along Drury Lane to its Point of
Intersection with Fade Street; thence, Westward, along Fade
Street to its Point of Intersection with Great George's Street
South ; thence^ Northward, along Great George's Street South
to its Point of Intersection with Dame Street; thence. West-
ward, along Dame Street to its Point of Intersection with Par-
liament Street; thence. Northward, along Parliament Street
and Essex Bridge to the Centre of Essex Bridge ;^ thence. East-
ward, through the Middle Channel of the River LifTey to the
Point first described*

No. 5. — Castle Ward.

From a Point in the Centre of the River Liffey One hundred and
sixty Yards Westward from E^ssex Bridge, Southward, to the
Point of Intersection of Fishamble Street with Essex Quay;
thence. Southward, along Fishamble Street, Werburgh Street,
and Bride Street, to the Point of Intersection of said Bride
Street with Bishop Street; thence. Eastward, along Bishop
Street to its Point of Intersection with Redmond Hill ; thence.
Southward, along Redmond Hill to its Point of Intersection
with Cuff Street; thence, Eastward, along Cuff Street to its
Point of Intersection with French Street; thence. Northward,
along French Street and Mercer Street to the Point of Inter-
section of said Mercer Street with King Street South ; thence.
North-west, along Johnston's Place and Lower Stephen Street
to its Point of Intersection with Drury Lane; thence. Northward,
along Drury Lane to its Point of Intersection with Fade Street;
thence. Westward, along Fade Street to its Point of Intersection
with Great George's Street South; thence. North, along Great
George's Street South to its Point of Intersection with Dame
Street ; thence. Westward, along Dame Street to its Point of
Intersection with Parliament Street ; thence. Northward, along
Parliament Street and Essex Brieve to the Centre of Essex
Bridge ; thence. Westward, through the Middle Channel of the
River Lifiey to the Point first described.

No. 6.' — St Patrick's Ward.

From a Point in tlie Centre of the River Lifiey One hundred and
sixty Yards Westward from Essex Bridge, South, to the Point

of

iB40. Mmticipal Carpmraibntf IreUmd. Cap. 10& 689

of Interaeotion of Fishamble Street with Essex Quay ; thence,
Southward, along Fishamble Street, Werbiirgh Street, and
Bride Street, to the Point of Intersection of said Bride Street
with Bishop Street ; thence, Eastward, along Bishop Street to
its Point of Intersection with Redmond Hill ; thence, South-
ward, along Redmond Hill to its Point of Intersection with CuiF
Street; thence. Eastward, along CuiT Street to its Point of Inter-
section with Harcourt Street; thence, Soutliward, along Har-
court Street to its Point of Intersection with the Circular Road ;
thence, Soutli-east, along the Circular Road and Eustace Bridge
to the South End of said Eustace Bridge; thence, Westward,
along the Southern Bank of the Grand Canal to Clanbrassil
Bridge; thence. Northward, along Clanbrassil Bridge, Clan-
brassil Street, New Street, Patrick Street, and Nicholas Street,
to the Point of Intersection of said Nicholas Street with Back
JUane; thence. North-west, along Back Lane to its Point of
Intersection with High Street; thence, Eastward, along High
Street to its Point of Intersection with School-house Lane;
thence. Northward, along School-house Lane and Skipper's
Alley to the Point of Intersection of said Skipper's Alley with
Merchant's Quay; thence. Northward, in a straight Line to a
Point in the Centre of the River LiflFey Ninety Yards West of
Richmond Bridge; thence. Eastward, through the Middle
Channel of the River Liffey to the Point first described.

No. 7- — St Audeoris Ward.

From a Point in the Centre of the River Liffey One hundred and
fifty-five Yards VVestward from Whit worth Bridge, Southward,
to the Point of Intersection of Meeting House Yard with Ushei^s
Quay ; thence, Southward, along Meeting House Yard and New
Rovv to the Point of Intersection of said New Row with Thomas
Street ; thence. Westward, along Thomas Street to its Point of
Intersection with Meath Row ; thence. Southward, along Meath
How, Meath Street, Brabazon Street, and Brabazon Row, to the
Point of Intersection of said Brabazon Row with New Market ;
thence, Westward, along New Market and Chamber Street to
the Point of Intersection of said Chamber Street with Weaver's
Square ; thence. Southward, along Weaver's Square to its Point
of Intersection with Brow^n Street; thence. Westward, along
Brown Street to its Point of Intersection with Love Lane ; thence.
Southward, along Love Lane and Parnell Bridge to the'; South
End of said Parnell Bridge; thence. Eastward, along the Southern
Bank of the Grand Caned to ClanJ3rassU Bridge ; thence. North-
ward, along Clanbrassil Bridge, Clanbrassil Street, New Street,
Patrick Street, and Nicholas Street to the Point of Intersection
of said Nicholas Street with Back Lane ; thence. North-west,
along Back Lane to its Point of Intersection with High Street;
thence, Eastward, along High Street to its Point of Intersection
with School-house Lane; thence. Northward, along School-
house Lane and Skipper's Alley to the Point of Intersection of
said Skipper's Alley with Merchant's Quay ; thence. Northward,

840 Cap. 10& Municipal CbrparaiianSf Irdoaid. 3 & 4 Vict.

in a straight Line to a Point in the Centre of the River Lifiej
Ninety Yards Westward from Richmond Bridge; thence, West-
ward, through the Middle Channel of the River Liffey to the
Point first described.

No. 8. — St Catherines Ward.

FVoro the Point in the Centre of the River Liffey One hundred
and fifty-five Yards Westward from Whitworth Bridge, South-
ward, to the Point of Intersection of Meeting House Yard with
Usher's Quay; thence, Southward, along Meeting House Yard
and New Row to the Point of Intersection of said New Row
with Thomas Street; ihence. Westward, along 'I'homas Street
to its Point of Intersection with Meath Row; thence, Soutliward,
along Meath Row, Meath Sti^eet, Brabazon Street, and Braba-
20n Row, to the Point of Intersection of said Brabazon Row with
New Market; thence. Westward, along New Market and Cham-
ber Street to the Point of Intersection of said Chamber Street
with Weaver^s Square; thence. Southward, along Weaver's
Square to its Point of Intersection with Brown Street; thence.
Westward, along Brown Street to its Point of Intersection with
Love Lane ; thence. Southward, along Love Lane and Parnell
Bridge to the South End of Parnell Bridge ; thence, North-west,
along the Southern Bank of the Grand Canal to its Point of
Intersection with the Branch leading to the City Basin near
Griffith Bridge ; thence. East, along the Middle Channel of said
Branch of the Grand Canal to a Point opposite Forbes Lane ;
thence, Eastward, along Forbes Lane to its Point of Intersection
with Marrowbone Lane ; thence, North-east, along Marrowbone
Lane, Thomas Court, Bridgefoot Street, and Queen's Bridge, -
to the Centre of Queen's Bridge; thence. Eastward, through
the Middle Channel of the River Liffey to the Point ^rst
described.

No. 9* — St. James s Ward.

From the Centre of Sarah Bridge, Southward, along Sarah Bridge,
through Island Bridge, and along the Circular Road, to the
Turnpike Gate, No. 8, on the South-west Corner of the Circular
Road ; thence. Southward, in a straight Line to the Point of
Intersection of the Grand Canal with the Branch leading to
the City Basin near Griffith Bridge ; thence. East, along the
Middle Channel of said Branch of the Grand Canal to a Point
opposite Forbes Lane ; thence. East, along Forbes Lane to its
Point of Intersection with Marrowbone Lane; thence. North-
east, along Marrowbone Lane to its Point of Intersection with
Thomas Court; thence, Northward, alonq Thomas Court,
Bridgefoot Street, and Queen's Bridge, to the Centre of Queen's
Bridge; thence. Westward, through the Centre of the River
Lifiey to the Point first described

1840. Municipal Carparationsj Ireland. Cap. 108. 8^1

No. 10.— St. PauVi Ward.

From the Centre of Sarah Bridge, in a Northerly Direction, along
the Borough Boundary to its Intersection with the Bradogue
Water to the North-w^st Angle of the Richmond Penitentiary ;
thencre, Southward, idong the West Front of the Richmond
Penitentiary to the South-west Angle of the said Penitentiary ;
thence, Southward, along Grange Gorman Lane and George's
Lane to the Point of Intersection of said George's Lane with
King Street North ; thence, Eastward, along King Street North
to its Point of Intersection with Smitbfield; thence. Southward,
along Smithfield and Arran Street East, across Arran Quay, to
a Point in the Centre of the River Lifiey ; thence, Westward,
along the Middle of the Channel of the River Lifiey to the
Point first described.

No. 11. — Four Courts Ward.

From the Point of Intersection of the West Branch of the Royal
Canal leading from the Royal Canal Harbour with the Borough
Boundary, Northward, along the Borough Boundary to its
Point of Intersection with the Bradogue Water on the Circular
Road ; thence, Southward, along the Bradogue Water to North-
west Angle of the Richmond Penitentiary ; thence. South, along
the West Front of the Richmond Penitentiary to the South-
west Angle of the said Penitentiary; thence. South, along
Grange Gorman Lane and George's Lane to the Point of Inter-
section of said George's Lane with King Street North ; thence,
Eastward, along King Street North to its Point of Intersection
with Smithfield ; thence, Southward, along Smithfield and Arran
Street East, across Arran Quay, to a Point in the Centre of
the River Lifiey ; thence, E^tward, along the Middle Channel
of the River Lifiey to a Point opposite Chancery Place ; thence,
Northward, along Chancery Place, Mountrath Street, Greek
Street, and Beresford Street, to its Point of Intersection with
King Street North ; thence, Eastward, along King Street North
to its Point of Intersection with Coleraine Street; thence.
Northward, along Coleraine Street and Constitution Hill to a
Point in the Centre of the Foster Aqueduct; and thence.
Northward, along the said Branch of the Royal Canal to the
Point first described.

No. 12. — Linen Hall Ward.

From that Point in the Centre of the River Lifiey which is oppo-
site to Swift's Row, Northward, across Ormond Quay to the
Centre of the South End of Swift's Row ; thence. Northward,
. along Swift's Row and Jervis Street to its Point of Intersec-
tion with Great Britain Street ; thence. Eastward, along Great
Britain Street to its Point of Intersection with Granby Row;
thence. Northward, along Granby Row, Rutland Scjuare West,
and Granby Row, to its Point of Intersection with Upper
X).orset Street; thence^ North-east, along Upper Dorset Street

to

842 Cap. 108. Mwucipat Carpartaunut IrtkmcL 3 8c 4 Vtcr*

I

to its Point of Intersection with Blessington Street; thence,
along Blessington Street, and in a straight Line across the
Royal Canal Reservoir, to a Point in the Centre of the West
Branch of the Royal Canal; thence, Sout^iward, along the same
to the Centre of Foster Aqtieduct; thence, Southward, along
Constitution Hill and Coleraine Street to its Point of Intersex:-
tion with North King Street ; thence, Westward, along North
King Street to its Point of Intersection with Beresford Street ;
thence, Southward, along Beresford Street, Gneek Street, Mount-
rath Street, and Chancery Place, across the Quay, to a Point
in the Centr^ of the River LifFey; thence, Eastward, along
the Middle Channel of the River Liffey to tlie Point first
described.

No. l3.~St. Georges Ward.

From the Point of Intersection of the West Branch of the Royal
Canal leading from tlie Royal Canal Harbooi* with the Borough
Boundary, South-east, along the Borough Boundary to Bally-
bough Bridge ; thence^ South-west, along Spring Garden Parade,
Foster Street, Edward Terrace, Clarke Bridge, Summer Hill
Parade, Summer Hiil, and Great Britain Street, to the Point
of Intersection of said Great Britain Street witli Granby Row ;
thence, Nordiward, along Granby Row, Rutland Square West,
and Granby Row, to its Point of Intersection with Upper
Dorset Street ; thence. North-east, along Upper Dorset Street
to its Point of Intersection with Blessington Street; thence
along Blessington Street and in a straight Line across the
Roy^d Canal Reservoir to a Point in the Centre of tl^e said
West Branch of the Royal Canal ; and thence, North-east, along
the same to the Point first described.

No- 14 Post Office Ward.

< •

From that Point in the Centre of the River Liffey which is oppo-

pite Swift's Row, Northward, across Ormond Quay to the Centre

of the South End of Swift's Row; thence, Northward, along

Swift's Row and Jervis Street until it intersects Great Britain

Street; tlience. Eastward, along Great Britain Street until it

is intersected by Marlborough Street; thence, Southward, along

Marllwrough Street, across Eden Quay, to the Centre of the

River Liffey ; thence. Westward, along the Centre of the River

to the Point first described.

No. 15. — Custom House Ward.

From that Point in the Centre of the River Liffey which is oppo-
site Mcu-lborough Street; thence^ Northward, across EklenQuay,
to the Centre of the South End of Marlborough Street ; thence.
Northward, along Marlborough Street until it intersects Great
Britain Street; thence, Eastward, along Great Britain Street,
Summer Hill, and Summer Hill Parade; tlience, Northward,

4 until

1840. Municipal CarporatianSf Ireland. Cap. 108« 843

until it intersects the Borouffh Boundary at Ballybough Bridge ;
thence along tlie said Boundary until it joins the River Li^y,
and in the same Direction to the Centre of the said River;
thence, Westward, to the Point first described.

7.— KILKENNY.

GENERAL BOUNDARY.

Kilkenny. — From the Point South-west of the City where the Brega River
crosses the Road to Clonmel, following the Course of the River,
Northerly, to the Point where the River makes a sudden Turn to
the Eastward, and where the Mill Stream, from a ruined Factory
West of the River, meets the River Brega ; thence in a straight
Line to the Point on the Bonnetstown Road where a By-road
leading to Lousy Bush leaves the Bonnetstown Road; thence in a
straight Line to the Point at the South End of Farmhouse on the
Western Road to Freshford ^belonging to Mr. Purcell, and occupied
by Michael M^Donell; thence in a straight Line across the main
Road to Freshford, and across the River Nore to the Point where
the Road to Ballyragget along the River leaves the old Road to
Castlecomer, and just North of the Police Station at Mount Bril-
liant ; thence, following the old Road to Castlecomer, to the Point
where it joins the new Road leading from the Barracks at a new
House belonging to Mr. Nowlan ; thence in a straight Line to the
Point at the North-east Corner of the Barrack Enclosure, and fol-
lowing the Back or Eastern Wall of the Barracks to the South-
eastern Comer thereof on the Road to John's Well at the Point;
thence in a straight Line across the Clara Road and across William's
Lane to a remarkable Building on a Hill East of the City belong-
ing to Mr. Purcell, called the Gazebo ; thence in a straight Line
across the River Nore to the Point at the South-eastern Comer of
Mr. Scott's Garden on the Road to Bennett's Bridge ; thence, fol-
lowing the Southern Enclosure of the said Garden, and of the ad-
joining Garden of Switzer's Asylum, to the Point where it meets
a Lane leading from the Bennett's Bridge Road to the Waterford
Road ; thence following the said Lane to the Point where it joins
the Waterford Road ; thence in a straight Line to the Point at the
South-western Comer of the Enclosure of the House of Correction ;
thence, following the Western Side of the Enclosure Wall, to the
Point where, if produced, it would meet the Road to Kells; thence,
Westerly, along the Road to Kells to the Point where a Quarry on
the North Side of the Road joins the said Road, and about One
hundred Yards from the Point; thence, turning Northerly, along a
Stone Wall about Ninety Yards to the Point where the said Stone
Wall meets a Lane called Waters's Lane, leading from Upper Patrick
Street towards Mr. Robertson's House called " Rose Hill ;*' thence
[No. 54. Price 2d.J 3 H along

8i4 Cap. 108. Mtinicipdl Corporations^ Ireland. 3 & 4 Vict.

along the said Lane, Westerly, to the Point where it crosses the
River Brega, South of Rose Hill; thence along the.Brega to the
Point first described

To be divided into Two Wards, according to the following
Boundaries ; and in every such Ward* there shall be
Three Aldermen and Nine Councillors.

No. 1. — St Canice's Ward.

All that Portion of the Borough situated Westward of the following
Line ; videlicet, from the Point where the Road from Waterford
intersects the Municipal Boundary, along that Road, to the
Point where it joins Upper Patrick Street ; thence along Upper
Patrick Street, Patrick Street, Rose Inn Street, to its Point of
meeting with King Street or Back Lane, Coal Market, Water-
gate, Bull Alley, \^car's Street, Bishop's Hill ; and thence along
the main Road to Freshford to the Point where the Road
intersects the Municipal Boundary.

1^0.2.— St. John's Ward.

All that Portion of the Borough situated Eastward of the Line
described in Saint Canice's Ward.

8.— LIMERICK.

GENERAL BOUNDARY.

Limerick. — From the Point at the North of King's Island where the Salmon
Weir River flows from the Shannon ; thence along the Course of the
Shannon to the North-east; and thence. Southward, to the Point at
which the same is joined by the Head of the Canal ; thence West-
ward, along the Canal to the Centre of Park Bridge^ which crosses
the Canal ; thence in a straight Line to the Centre of the Cupola
upon the Top of the Lunatic Asylum ; thence, in a straight Line
and South-westerly Direction, to the Point in the Roxborough
Road where it is met by Wilmont Lane ; thence along Wilmont Lane
to the West Pier of a Gate belonging to Mr. Maloney on North
Side of said Lane, and nearly opposite to Wilmot Villa ; thence, in a
straight Line and North-westerly Direction, across Mr. Maloney*8
Field and Two other Fields, till it reaches the Extremity of a small
Lane ; thence, continuing along said Lane, past the Limestone Quarry
of William Hargan, until it reaches Bohirboy Jload ; thence. Westerly,
along Bohirboy Road till it reaches Hore's Street ; thence. North-
westerly, along Hore's Street to the South Circular Road ; thence.
North-easterly, about Twenty-three Yards along the Circular Road
to. where Coprt Brack^ Avenue leads off Norih-westerly ; thence,
4 • North-

1840. Mtmicipal Corporations, Irelaiid. Cap* 1 03. 845

North-westerly, along Court Brack Avenue till it reaches Harvey's
Quay situated at the End of the said Avenue; thence in a straight
Line across the Shannon to Harrington's Quay upon the Clare Side
near the old Ruins of Kilrush Church ; thence^ about Two hundred
Yards, North-easterly, along Barrington's Quay, to the North Cir-
cular Road ; thence, North-westerly, and following the Direction of
the Circular Road to where it meets the Shelbourne and Farrens-
howen Roads; thence along the Farrenshowen Road to where it
crosses the new Ennis Mail Road at nearly Half a Mile from
Wellesley Bridge; thence continuing about One hundred Yards up
the Farrenshowen Road to where there is a Cottage at a Turn in
the Road; thence in a straight Line to the Point where the Killaloe
Road meets the old North Ennis Road ; thence along the Killaloe
Road to the Point where it meets the Black Stick Road ; thence in
a straight Line to the Point first described.

To be divided into Five Wards, according to the following
Boundaries : and in every such Ward there shall be
Two Aldermen and Six Councillors.

No. 1 . — Thomond Bridge Ward.

From the Point of Barrington Quay, along the Municipal Boundary,
to the Point at which tne Head of the Canal joins the Shannon ;
thence. Westward, along the Canal by Park Bridge, dirough
Ball's Bridge, till it reaches the Gannon; thence, South-
westerly, along the Shannon to the Point first described.

No. 2. — John Street Ward.

From die Commencement of the Canal in the Salmon Weir River
to the Centre of the Park Bridge which crosses tlie Canal ;
thence in a straight Line to the Centre of the Cupola of the
Lunatic Asylum ; thence in a straight Line to the Point where
the Wilmont Road meets the Roxborough Road; thence.
Northerly, along the Roxborough Road, Upper William Street,
High Street, Mungret Street, Broad Street, to the Centre of
Ball's Bridge; thence to the Point first described.

No. 3* — Patrick Street Ward*

From the Shannon by a straight Line along Spraight*s Quay and
Horan's Quay, and thence through Denmark Street and the
new Street leading from Denmark Street to High Street; thence.
Eastward, through High Street, Margaret Street, Mungret
Street, Broad Street, to the Centre of Ball's Bridge; thence
along the Stream passing under New Bridge to the Shannon,
and along its Course, Southward, to the Point first described*

Na 4. — WiUiam Street Ward.

From the Shannon, along the Southern Extremity of Patrick Street
Ward, to High Street ; thence. Southward, along tlie Boundary

3 H 2 of

338 Cap. 108. Municipal Cerporations^ Ireland. 3 & 4 Vicr.

No. 4. — St Andrew's Ward.

From the Centre of Carlisle Btidge, Southwstrd, along Carlisle
Bridge, Westmoreland Street, the East Side of College Green,
and Grafton Street, to the Point of Intersection of said Grafton
Street with Nassau Street; thence, Eastward, along Nassau
Street to its Point of Intersection wilh Dawson Street; thence.
Southward, along Dawson Street to its Point of Intersection with
Stephen's Green North; thence. North-west, .along Stephen's
Green North and King Street South to the Point of Intersection
of said King Street South with Johnston's Place ; thence. North-
west, along Johnston's Place and Lower Stephen Street to the
Point of Intersection of said Lower Stephen Street with Drury
Lane; thence, Northward, along Drury Lane to its Point of
Intersection with Fade Street; thence, Westward, along Fade
Street to its Point of Intersection with Great George's Street
South ; thence^ Northward, along Great George's Street South
to its Point of Intersection with Dame Street; thence. West-
ward, along Dame Street to its Point of Intersection with Par-
liament Street; tlience, Northward, along Parliament Street
and Essex Bridge to the Centre of Essex Bridge; thence, East-
ward, through the Middle Channel of the River Liffey to tiie
Point first described.

No. 5. — Castle Ward.

From a Point in the Centre of the River Lifiey One hundred and
sixty Yards Westward from Essex Bridge, Southward, to the
Point of Intersection of Fishamble Street with Essex Quay;
thence. Southward, along Fishamble Street, Werburgh Street,
and Bride Street, to the Point of Intersection of said Bride
Street with Bishop Street; thence. Eastward, along Bishop
Street to its Point of Intersection with Redmond Hill ; thence,
Southward, along Redmond Hill to its Point of Intersection
with Cuff Street; thence, Eastward, along CuiF Street to its
Point of Intersection with French Street; thence. Northward,
along French Street and Mercer Street to the Point of Inter-
section of said Mercer Street with King Street South ; thence.
North-west, along Jolinston's Place and Lower Stephen Street
to its Point of Intersection with Drury Lane; thence. Northward,
along Drury Lane to its Point of Intersection with Fade Street ;
thence. Westward, along Fade Street to its Point of Intersection
with Great George's Street South ; thence, North, along Great
George's Street South to its Point of Intersection with Dame
Street ; thence, Westward, along Dame Street to its Point of
Intersection with Parliament Street ; thence, Northward, along
Parliament Street and Essex Bridge to the Centre of Essex
Bridge; thence} Westward, through the Middle Channel of the
River Liffey to the Point first described.

« *

No. 6.^St. Patrick's Ward.

From a Point in tlie Centre of the River Lifiey One hundred and
sixty Yards Westward from Essex Bridge, South, to the Point

of

1840. Mwikq^pl Corpmdhnt^ IreUud. Cap.lO& 689

of Interseodon of Fishamble Street with Essex Quay ; thence.
Southward, along Fishamble Street, Werburgh Street, and
Bride Street, to the Point of Intersection of said Bride Street
with Bishop Street; thence, Eastward, alon^ Bishop Street to
its Point of Intersection with Redmond Hill ; thence, South-
wai-d, along Redmond Hill to its Point of Intersection with Cuff
Street; thence, Eastward, along Cuff Street to its Point of Inter-
section with Harcourt Street ; thence. Southward, along Har-
court Street to its Point of Intersection with the Circular Road ;
thence, South-east, along the Circular Road and Eustace Bridge
to the South End of said Eustace Bridge; thence. Westward,
along the Southern Bank of the Grand Canal to Clanbrassil
Bridge; thence. Northward, along Clanbrassil Bridge, Clan-
brassil Street, New Street, Patrick Street, and Nicholas Street,
to the Point of Intersection of said Nicholas Street with Back
J^ne; thence. North-west, along Back Lane to its Point of
Intersection with High Street; thence. Eastward, along High
Street to its Point of Intersection with School-house Lane;
thence, Northward, along School-house Lane and Skipper's
Alley to the Point of Intersection of said Skipper's Alley with
Merchant's Quay; thence. Northward, in a straight Line to a
Point in the Centre of the River Liffey Ninety Yards West of
Richmond Bridge; thence, Eastward, through the Middle
Channel of the River Liffey to the Point first described.

No, 7- — St. Audeoris Ward.

From a Point in the Centre of the River Liffey One hundred and
fifty-five Yards Westward from Whit worth Bridge, Southward,
to the Point of Intersection of Meeting House Yard with Usher's
Quay ; tiieuce, Southward, along Meeting House Yard and New
Row to the Point of Intersection of said New Row with Thomas
Street ; thence, Westward, along Thomas Street to its Point of
Intersection with Meatli Row ; thence, Southward, along Meath
Row, Meath Street, Brabazon Street, and Brabazon Row, to the
Point of Intersection of said Brabazon Row with New Market;
thence, Westward, along New Market and Chamber Street to
the Point of Intersection of said Clutmber Street with Weaver's
Square ; thence. Southward, along Weavei^s Square to its Point
of Intersection with Brown Street; thence. Westward, along
Brown Street to its Point of Intersection with Love Lane ; thence.
Southward, along Love Lane and Parnell Bridge to the '.South
End of said Parnell Bridge; thence. Eastward, along the Southern
Bank of the Grand Canal to Clanbrassil Bridge; thence. North-
ward, along Clanbrassil Bridge, Clanbrassil Street, New Street,
Patrick Street, and Nicholas Street to the Point of Intersection
of said Nicholas Street with Back Lane ; thence. North-west,
along Back Lane to its Point of Intersection with High Street;
thence, Eastward, along High Street to its Point of Intersection
with School-house Lane; thence. Northward, along SchooU
house Lane and Skipper's Alley to the Point of Intersection of
said Skipper's Alley with Merchant's Quay ; thence. Northward,

in

840 Cap. 10& Municipal Carporatiom^ Irdand. 3 & 4 Vict.

in a straight Line to a Point in the Centre of the River Liffejr
Ninety Yards Westward from Richmond Bridge; thence, West-
ward, through the Middle Channel of the River LifFey to the
Point first described.

No. 8. — St Catherines Ward.

From the Point in the Centre of the River Liffey One hundred
and fifty-five Yards Westward from Whitworth Bridge, South-
ward, to the Point of Intersection of Meeting House Yard with
Usher*s Quay; thence, Southward, along Meeting House Yard
and New Row to the Point of Intersection of said New Row
with Thomas Street; ihence, Westward, along 'i'homas Street
to its Point of Intersection with Meath Row; thence, Southward,
along Meath Row, Meath Street, Brabazon Street, and Braba-
zon Row, to the Point of Intersection of said Brabazon Row with
New Market ; thence. Westward, along New Market and Cham-
ber Street to the Point of Intersection of said Chamber Street
with Weaver's Square; thence. Southward, along Weaver's
Square to its Point of Intersection with Brown Street; thence.
Westward, along Brown Street to its Point of Intersection with
Love Lane; thence, Southward, along Love Lane and Parnell
Bridge to the South End of Parnell Bridge ; thence, Northrwest,
along the Southern Bank of the Grand Canal to its Pomt of
Intersection with the Branch leading to the City Basin near
Griffith Bridge ; thence. East, along the Middle Channel of said
Branch of the Grand Canal to a Point opposite Forbes Lane ;
thence. Eastward, along Forbes Lane to its Point of Intersection
with Marrowbone Lane ; thence. North-east, along Marrowbone
Lane, Thomas Court, Bridgefoot Street, and Queen's Bridge, >
to the Centre of Queen's Bridge; thence, Eastward, through
the Middle Channel of the River Liffey to the Point tirst
described.

No. 9- — St James s Ward.

From the Centre of Sarah Bridge, Southward, along Sarah Bridge,
through Island Bridge, and along the Circular Road, to the
Turnpike Gate, No. 8, on the South-west Corner of the Circular
Road; thence. Southward, in a straight Line to the Point of
Intersection of the Grand Canal with the Branch leading to
the City Basin near Griffith Bridge ; thence, East, along^ the
Middle Channel of said Branch of the Grand Canal to a Jroint
opposite Forbes Lane; thence, East, along Forbes Lane to its
Point of Intersection with Marrowbone Lane; thence^ North-
east, along Marrowbone Lane to its Point of Intersection with
Thomas Court; thence, Northward, along Thomas Court,
Bridgefoot Street, and Queen's Bridge, to the Centre of Queen's
Bridge; thence, Westward, through the Centre of the River
Lifiey to the Point first described

1840. Municipal Carparatims, Ireland. Cap. 10& 8^1

No. 10.— St. Paul's Ward.

From the Centre of Sarah Bridge, in a Northerly Direction, along
the Borough Boundary to its Intersection with the Bradogue
Water to the North-wpst Angle of the Richmond Penitentiary ;
thence, Southward, along the West Front of the Richmond
Penitentiary to the South-west Angle of the said Penitentiary ;
thence, Southward, along Grange Gorman Lane and George's
Lane to the Point of Intersection of said George's Lane with
King Street North ; thence. Eastward, along King Street North
to its Point of Intersection with Smithfield; thence, Southward,
along Smithfield and Arran Street East, across Arran Quay, to
a Point in the Centre of the River Liffey ; thence, Westward,
along the Middle of the Channel of the River Liffey to the
Point first described.

No. 11. — Four Courts Ward.

From the Point of Intersection of the West Branch of the Royal
Canal leading from the Royal Canal Harbour with the Borough
Boundary, Northward, along the Borough Boundary to its
Point of Intersection with the Bradogue Water on the Circular
Road ; thence, Southward, along the Bradogue Water to North-
west Angle of the Richmond Penitentiary ; thence. South, along
the West Front of the Richmond Penitentiary to the South-
west Angle of the said Penitentiary; thence. South, along
Grange Gorman Lane and George's Lane to the Point of Inter-
section of said George's Lane with King Street North ; thence.
Eastward, along King Street North to its Point of Intersection
with Smithfield; thence, Southward, along Smithfield and Arran
Street East, across Arran Quay, to a Point in the Centre of
the River Liffey ; thence, Eastward, along the Middle Channel
of the River Liffey to a Point opposite Chancery Place ; thence.
Northward, along Chancery Place, Mountrath Street, Greek
Street, and Beresford Street, to its Point of Intersection with
King Street North ; thence. Eastward, along King Street North
to its Point of Intersection with Coleraine Street; thence.
Northward, along Coleraine Street and Constitution Hill to a
Point in the Centre of the Foster Aqueduct; and thence.
Northward, along the said Branch of the Royal Canal to the
Point first described.

No. 12. — Linen Hall Ward.

From that Point in the Centre of the River Liffey which is oppo-
site to Swift's Row, Northward, across Ormond Quay to the
Centre of the South End of Swift's Row ; thence^ Northward,
. along Swift's Row and Jervis , Street to its Point of Intersec-
tion with Great Britain Street ; thence. Eastward, along Great
Britain Street to its Point of Intersection with Granby Row;
thence. Northward, along Granby Row, Rutland Sciuare West,
and Granby Row, to its Point of Intersection with Upper
Dorset Street; thence. North-east, along Upper Dorset Street

to

850 Cap. 1 08. Municipal CorporatianSf Ireland* 3 & 4 Vict.

No. 3. — Western Ward.

From the Point at which the Boyle Mail Coach Road cuts the
Municipal Boundary, along such Road, Pound Street, High
Street, Market Street, Radcliffe Street, Knox's Street, Wine
Street, and the Road which forms the Boundary between the
Townlands of Rathedmond and Knappa^hbeg, to the Point at
which such Road meets the Municipal Boundary; thence.
Southward, along the Municipal Boundary to the Point first
described.

ll.—WATERFORD.

GENERAL BOUNDARY.

Waterford.

From the Point on the North-west Extremity of the Town where
the Yard Wall of the Brewery of Messieurs Davis, Strangman, and
Company joins the River Suir, in a straight Line to the Point where
Summer Hill, Gallows Road, and Morgan's Street meet; thence along
the Military Road, Morrisson's Road, Barrack Street, Manor HiU,
College Street, Bath Street, across John's Pill at Wyse's Bridge,
along Poleberry Street, to near the South Comer of Mr. DeleandePs
House ; thence in a straight Line to where the John's Town Road
and Upper Newtown Road meet ; thence along the Upper Newtown
Road towards East Passage to the Centre of the Road in front of
ihe Orphan House ; thence in a straight Line across the River to
the Roman Catholic Chapel in the Abbey Church Lands; thence in
a straight Line to Mr. Charles Gatson's Cottage on the Side of Mount
Misery ; thence across the River to the Point first described. •

To be divided into Five Wards, according to the following
Boundaries; and in every such Ward there shall be
Two Aldermen and Six Councillors.

No. 1. — Tower Ward.

From the Point at which the River Suir meets Henrietta Sti'eet,
along Henrietta Street, to the Point at which the same meets the
open Space in front of Christ Church ; thence in a straight Line
to Colebeck Street, along Colebeck Street; thence through
Beresford Street to John's Street ; thence through a Part of
Jolm's Street to John's Bridge; thence along the Centre of
John's Pill to Wyse's Bric^; thence along the Municipal
Boundary, Eastward^ to the Kiver Bank, and along the Course
of the River to the Point first described.

1840. Municipal Carparatums, Irdand. Gap. 108. 851

No. 2. — Custom House Ward.

From the Point at which the River Suir meets Hemrietta Street,
along the Boundary of Tower Ward until it meets John's
Street; thence, to the North, through Part of John's Street,
Michael Street, Broad Street, and Barron Strand Street, to the
River; and thence along its Course to the Point first described.

No. 3. — Centre Ward.

From the Quay opposite Baron Strand Street, along the Boundary
of Custom House Ward, to where Patrick's Street crosses it;
along Patrick's Street, Westwards, to Ballybricken ; along the
West Wall of the County Gaol, across Barker Street, along
Henry Street and Hanover Street, to the River ; and thence to
the Point first described.

No. 4.— West Ward.

From the Quay opposite Hanover Street, along the Boundary of
Centre Ward, to where it meets Ballybricken ; thence, West-
wards, along Ballybricken and Morgan Street, to the Point on
the Municipal Boundary where Summer Hill, Gallows Road,
and Morgan Street meet ; thence along the Municipal Boun-
dary across the River. This Ward to include also the whole
Space comprehended within the Parliamentary Boundary on
the North Side of the River Suir.

No. 5. — South Ward.

From the Point in the Municipal Boundary where Summer Hil],
Gallows Road, and Morgan Street meet, along the Boundary of
West Ward, through Morgan Street, Ballybricken, and Patrick's
Street, lo the Boundary of Custom House Wcu-d; alons that
Boundary to the Point where it meets the Boundary of Tower
Ward ; sdong the Boundary of Tower Ward to Wyse's Bridge ;
and thence along the Municipal Boundary to the Point first
described.

852

Cap. loa

Mtmicipal Coffarations, IrtlanJL 3 & 4 Vicr.

Schedule (D.)

No.l.

The List of Burgesses of the Borough of [cr in the Parish,

or Precinct, or Ward of in the Borough of .]

Christian Name and Sunuune of each
Person at full Length.

Street, Lane, or other Place in tlus Boroug^h
\cT Parish, Prednct, or Ward in this Borough]
where the Property in respect whereof the
Party is to be enrolled is situate.

Andrews, Peter
Brady, Thomas

No. 1, Green Street.
No. 3, White's Lane.

Dated the

Day of

in the Year

(Signed) A. B.
Churchwarden of the said Parish [or Town Clerk of
the said Borough, orAldernuui of the said Ward, jfc]

No. 2.

Noi^icE of Claim.

To the Town Clerk of the Borough of

I HEREBY give you notice, That I claim to have my Name enrolled in
the Burgess Roll of the Borough of , and that I occupy [here

describe the House^ IVarehausey Cotrntinff^house^ Office^ or Shop then occupied by
the Claimanty'] in the said Borough, which are rated as being of the net
annual Value of Pounds or upwards ; and that I have occupied the

said Premises [or the said Premises or other Premises, deecrUnng such other
Premises^ within the said Borough,] for the Space of last past.

Dated the

Day of

in the Year
(Signed)

Henry Stiles.

No. 3.

Notice of Objection.

To the Town Clerk of the Borough of

I HEREBY give you Notice, Tliat I object to the Name of Thomas Brady
of White's Lane in this Borough [describe the Person objected to as described

in

1840.

Municipal Corporations^ Ireland.

Cap.lOa

853

in the List of the ChurchwardenSi Town Clerhj or Alderman of the fVard^ tfc.']
being retained on the Burgess Roll of the Borough of
Dated the Day of in the Year

(Signed)

Michael Meares of Ihere state the Place of
Abode and Property in respect of which he is
said to be entitled to be enrolled in tlie List of
the Churchwardens^ Town Clerkf or Alderman
of the Ward, §-c]

No. 4.
List of Claimants.

The following Persons claim to have their Names inserted on the Burgess

Roll of the Borough of

Christian Name

and Surname
of each Chdmant

Present Occupancy.

Fonner Occupancy, as sUted in Uie
Claim.

Heqry Stiles

House, No.lO, Capel
Street.

Shop, No. 17, Henry Street,
during the last Month, previous
tothedlst of August, and House
No. 6, Aston's Quay, during the
Eleven preceding Months.

Dated the

Day of in the Year

(Signed) AB^ Town Clerk.

No. 5.
List of Persons objected to.

The following Persons have been objected to as not being entitled to have
their Names retained on the Burgess Roll of the Borough of

Christian Name and Surname of
each Person objected to.

Property in resipeet of which he it said to he entitled to he
enrolled in the List of the Churchwardens,
Town Clerk, or Alderman of the Ward, &c.

Thomas Brady

No. 3, White's T Ane.

Dated the

Day of in the Year

(Signed) ^.2?., Town Clerk.

854

Cap. loa

Municipal CorporationSf IrdaneL 3 & 4 Vicr.

No. 6.

List of Persons subject to the Payment of [here insert Poor Rate, Grand
Jury Cess, Borough Rate, Sfc. as the Case may requircy'] within the
Limits of the Borough of [here insert the Name of the Baraugh'}, and
within the Collection of the undersigned Collector.

Name

of

Occupier.

Descnptiofi

of Prop^rtj rated

or assessed.

Name
or Situation

of
the Property.

Amount

of Poor Rate, Cess, or Tax,

(as the Cue may be^)

charged thereon.

To

what Time

paid up.

(Signed) CZ>. Collector.

Schedule (E.)

No. 1.
Form of Process of Attachment of Goods in Court of Record.

Boroogliof £.

to wit.

XB. o( jpe., in, ^., [Name,

_fffftfffrfff_ tml AddituM of

Pfcwfty]

Plaintiff, t
CD, of, jpe., in, f^, [Name^ I

^ J

Attach the Defendant by his Goods and Chattels, if
found within the Jurisdiction of this Court, so that
he be before the Recorder of the said Borough
at on day the

Day of next after die Date hereof, to

answer the Plaintiflf s Suit in an Action for the
Sum of [here insert Ae Anunad of the Demand]^
for [here insert the Cause of Actional and have you then tl^re this Writ.

Dated this Day of One thousand eight hundred

G.B^ R^istrar.
To

Defendant.

1840.

Municipal Corporations^ Ireland.

Cap. loa

855

No. 2.
Form of Summons in Court of CoxsaENCE.

Borough of X.

to wit.

ji.B, of, ^.y ID, ^., [Name,

Reridenee, and Addition' of

PkdnHff.]

Plaintiff.
CD. of, ^., in, jre-> [A^oiiie,
Ruidenee, and Addition of
JDefendant.]

Defendant. -

By the President of the Court of Conscience for the
said Borough. The Defendant is hereby required
personally to appear before the said President
at on day the

Day of next after the Date hereof,

to answer the Plaintiff's Suit for the Sura of [here
insert the Amount of the Debf], for [here insert the

Particulars of the Demand}. On default thereof the said President will

proceed as to Justice shall appertain.

Dated this Day of One thousand eight hundred

Signed on behalf of the Plaintiff, 1

Schedule (G.)

Boroughs named in the said Schedule (B.) in which the Body Corporate
appears, from the Report of the Irish Corporation Commissioners
presented to His late Majesty King William the Fourth in the
Year One thousand eight hundred and thirty-five, to be seised or
possessed of or entitled to any Property consisting of any Real
Estate, or of any Personal Estate, exceeding in annual Amount or
Value the Sum of One hundred Pounds.

Ardee.

Cashel.

Naas.

Tuam.

Athlone.

Cloghnakilty.

New Ross.

Wexford.

Athv.
Carlow.

Coleraine.

Strabane.

Wicklow.

Kells.

Tralee.

Youghal.

Carrickfergus.

Kinsale.

Trim.

Schedule (H.)

Boroughs named in the said Schedule (B.) in which the Body Corporate
does not appear from the said Report to be seised or possessed of or
entitled to Property exceeding in annual Amount or Value the Sum of
One hundred Pounds.

Armagh.

Dingle.

Enniskillen.

Maryborough.

Bandon.

Dundalk.

Fethard.

Monaghan.

Boyle.

Dungannon.

Gorey.

Navan.

Callan.

Ennis.

Longford.

Portarlington.

Charleville.

Enniscorthy.

856

Cap. 108.

Municipal Corporaiiontj IrelamL 3 & 4 Vict.

Schedule (I.)

Borough.

Ardfert *
Athenry -
Baltinolass
Bangor -
Belturbet - -
Carlinoford
Castlemartyr -
Cavan -
Charlemont
Duleek - -

Hillsborough -
MisnooE -

KiLBEGGAN «•
KiLDARE -
KiLLILEAOH
KiLMALLOCK
LiFFORD

Newtownards -

MiDDLBTON

I

Thomastown

Style of Corporate Body.

Portreeve, Burgesses, and Freemen of the Borough of

Ardfert in the County of Kerry.
Portreeve, Burgesses, and Freemen of the Corporation

of the Town and Liberties of Athenry.
Sovereign, Burgesses, and Free Commons of the

Borough of Baltinglass.
The Provost, Free Burgesses, and Commonalty of the

Borough of Bangor.
The Provost, Free Burgesses, and Commonalty of the

Town of Belturbet in the County of Cavan.
The Sovereign, Burgesses, and Commonalty of the

Borough of Carlingford.
The Portreeve, Bailiffs, and Burgesses of the Borough

and Town of Castlemartyr.
Tlie Sovereign, Portreeves, Burgesses, and Freemen of

the Town and Borough of Cavan.
The Portreeve, Free Burgesses, and Commonalty of

the Borough of Charlemont.
Portreeve, Burgesses, and Commons of the Town of

Duleek.
The Sovereign, Burgesses, and Free Commons of the

Borough and Town of Hillsborough.
Portreeve, Chief Burgesses, and Freemen of the Town

and Borough of Mistioge.
Portreeve, Free Burgesses, and Commonalty of the

Borough of Kilbeggan.
The Sovereign, Portreeve, Burgesses, and Freemen of

the Borough of Kildare.
The Provost, Free Burgesses, and Commonalty of the

Borough ofKillileagh.
The Sovereign and Burgesses of the Town of Kil-

mallock.
The Warden, Freemen Burgesses, and Commonalty of

the Borough ofLiffer.
The Provost, Free Burgesses, and Commonalty of the

Borough ofNewtowne.
The Sovereign, Bailiffs, Burgesses, and Commonalty of

the Borough of Middleton.
The Sovereign, Provost, and Burgesses of the Town of

Thomastown.

1840. Munidpfd DUtrids Regulation^ IrekauL CapJ09. 857

CAR CIX-

An Act to annex certain Parts of certain Counties of -O^^^^^i^^

Cities to adjoining Counties; to make further Pro- ^^/"^ *^^//y

vision for Compensation of Officers in Boroughs ; to <f^^fj^ /y.

limit the Borough Rate ; and to continue for a limited ^^^-^^/^^^^^^
Time an Act to restrain the Alienation of Corporate
Property, in Ireland. [10th August 1840.]

* ^U^HEREAS by an Act passed in the present Session of

* Parliament, intituled An Act fir the Regylation of Mvad^ s&4Vict c.ios.

* dpcd Corporations in Ireland, it is enacted, that the Boundaries

* of the several Boroughs named in the Schedule (A.) to that
' Act annexed shall, for the Purposes of that Act, be taken

* to be according to the Description of such Boundaries set
' forth in Schedule (C.) to that Act annexed : And whereas
< certain Parts of the Counties of the Cities of Cork^ Dublin^
^ Kilkenny, Limerick^ and Waterford, and of the County of the

* Town of Droffheda, are not under that Act included within
' the said Boundaries, and are not by the said Act, for any
^ Purposes other than the Purposes of the said Act, annexed

* to any County or Counties at large ;' be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Ad«
vice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same. That, for the Purposes of the said re- Defining what
cited Act and of this Act, all Places locally situate or included ^? ?"Y ded
within the Boundaries of any of the said Boroughs, or of any ^thin JJe "
Ward thereof, as deifined under the said Act, shall, from and Boundarie* of
after the Time when this Act shall come into operation as ^^^f^\u
herein-after mentioned, be deemed and taken to be Part or ^^^\if uie
Parts of the County of the City or County of the Town of recited Act and
such Borough respectively, or of such Ward thereof respec- ***** ^^'
tively, and of no other County ; and every Portion, Place, or

Precinct of every County of a City or County of a Town, not
under the said Act and this included within any such Borough,
shall, until Provision in that Behalf shall be otherwise made
under and by virtue of this Act, be One Barony in itself, and
shall, for all Purposes of Grand Jury Presentments and of
Criminal Jurisdiction, and also of Civil Jurisdiction of the
Superior Courts of Common Law in Dublin^ be Part of the
County at large which is adjacent to it, or with which it lias
the largest common Boundary: Provided always, that notliing KottoafToctthe
in this Act contained shall alter or affect any City or County ^*'^**!^"**'y
of a City, Town or County of a Town, or Borough, or the **"". *^
Boundaries thereof, for any Purposes of Parliamentary Re-
presentation, or for any Purpose relating thereunto ; and that
where it is or shall be necessary, for any Purpose of such Repre-
sentation, to describe any Residence or Premises or Place, in
any Oath, Affidavit, or Document, or otherwise, as within a

City

860

Provision for
Valuation under
6&7W.4.C.84.

Prottaion for
Valuation in the
County of
Waterford,
7 W. 4. &
1 Viet. e. hi.

Commissionen
for Valuation
of Waterford
re-appionted.

Cap. 109. Mymdfol Diaries Regvlationj Ireland. 3 & 4 Vict.

of the Treasurer of such Coanty shall be made wifh respect
to those Places to which such Valuations or Proportions ^all
relate : Provided always, that in every Case in which any
Valuation made or to be made by virtue of an Act passed
in the Sessions of Parliament holden in the Sixth and Seventh
Years of His late Majesty King IVilliam the Fourth* intituled
An Act to consolidate and amend the several Acts for the uniform
Vabiotian of Land and Tenements in Ireland, and to incorporate
certain detached Portions of Counties and Baronies with those
Counties and Baronies respectively whereto the same may a^in^
or wlierein tiie same are locally situate^ or by virtue of any other
Act or Acts of Parliament, shall, under the Provisions of
such Act or Acts, be or have been in force and applicable to
any such Barony, Place, or District, or if this Act had not
been passed would be so in force and applicable, regard shall
be had to such Act or Acts, and to any Valuation made or to
be made in pursuance thereof, in the Warrant of the Treasurer
of such County, and in the Levy of Grand Jury Cess of such
County, Barony, and Place or District as aforesaid.

IV. Provided always, and be it enacted. That any such
Place which shall be added by virtue of this Act to the
County of Watevford shall, for the Purposes aforesaid, and
until the said Act of the Sixth and Seventh Years of the Reign
of King William the Fourth shall apply to such Place, be valued
according to an Act passed in the Session of Parliament
held in the Seventh Year of His late Majesty King William
the Fourth and in the First Year of the Reign of Her pre-
sent Majesty, intituled An Act for Hie uniform Valuation of
Ixmds and Tenements in the County of Watertbrd m Ireland, for
tite Purpose of levying the County Rates therein.

V. * And whereas, in order to a due Valuation of the Place
or Places which may under this Act be added to the County
of Waterfordf and to rectify any Errors or Omissions in tlie
Valuation and Table already made out for the County of
Waterford, it is expedient that the Power of the Commis-
sioners appointed under the said last^recited Act should be
continued ;' be it therefore enacted, That the Commissioners

appointed under the said last-recited Act, and now living, be
hereby re-appointed, with all Power conferred upon them by
the said last-recited Act, so &r as the same shall be necessary
for the Purposes herein-after mentioned; and that the said
Commissioners do, with all convenient Speed, and in the
Manner directed by the said Act, make or cause to be made a
Valuation of all Houses and Lands situated within the Place
or Places which by virtue of this present Act shall or may be
added to the said County of Wateiibrdy and that the said Com-
missioners do also, within Three Months from the passing of
this Act, aimend and correct, or cause to be amended and
corrected, all such Errors and Omissicma as may be found by
them to exist in the Valuation already made out by them for
the said County of Waterford; and when the Valuation of the
Place or Places so to be added to the said County of Water^

fird

184a Mufdcipd Dutri€t» Begt^^ Qip,I01>. 861

fird shall have been madey and when the said former Valuation
for the said County shall have been so amended, that the said
Commissioners do act with respect to such new and amended
Valuation in the Manner provided and directed by the said
last-recited .Act, and that cdl such Steps and Proceedings be
taken thereon, and with the like Powers and Authority, as are
directed by the said recited Act with respect to the Valuation in
the said Act mentioned.

V[. And be it enacted, That the Power of the said Com- Their Power
missioners so hereby aj^pointed for the Purposes aforesaid ^ <»aj»n"e fw
shall continue for the Space of One Year from the passing
thereof*

VIL And be it enacted, That it shall be lawful for the Grand Jury of
Grand Jury of the said County of tVaierfardj without any pr^ w*^'!3[ **^
vious Application, at any Presentment Sessions, from Time powered to^*"'
to Time, to present at any Assizes to be raised in the said present for the
County at large all such Sum or Sums, not exceeding in . the ^^p^^ ^f
whole the Sum of Three hundred Pounds, as may be necessary
to defray the Expences of the said Valuation ; and all Monies
so presented shall be paid to such Person or Persons as the
said Commissioners shall, by Writing under their Hands ad-
dressed to the Treasurer of the County, appoint to receive the
same, and the same shall be so paid by such Treasurer accord-
ingly : Provided always, that an Account of the Expenditure
of the first Sum presented to be paid to the said Commis-
sioners shall be laid before the said Grand Jury before any
further Sum be granted to them, and in like Manner no
further Sum shall be granted until the Account of the Sum
previously granted shdl be laid before such Grand Jury and
be approved of.

VIII. And be it enacted. That it shall be lawful for the For the uniting
Lord Lieutenant or other Chief Governor or Governors of ®^ ^"^^
Ireland, upon Application from the Grand Jury of any Borough
which shall be a CounW of a City or County of a Town, and
from the Grand Jury of the County with which such Boroi^h
shall have the longest common Boundary, to order and
direct that such Borough and County may unite in the
building or providing of One Common Gaol, Bridewell,
House of Correction, or other Prison for such Borough and
County ; and in any such Case the Gaols, Bridewells, Houses
of Correction, or other Prisons of such Borou^ and County,
shall be deemed to be united and joined ; and that when the
Gaols, Bridewells, Houses of Correction, or other Prisons of
auch Borough and County shall have been united and joined,
it shall and may be lawful to and for such Grand Juries
respectively to present such Sums as they shall think fit for
the building a new Gaol or Gaols, Bridewells, Houses of Coiv
rection, or other Prisons for the said Borough and County
respectivelv, or for either of them, either together or separate,
as the said Grand Juries respectively shall think proper, in the
same Manner in all respects, and the respective Parts thereof

3 12 shall

86S Cap. 109. Municipal Distriett Begvlaiion, Ire^auL 3 & 4 Vict.

shall be subject to all the same Rules, Conditions, and Con-
sequences, as if the same were separate.
For autiioriang IX. And be it enacted, That it shall be lawful for the
Conteaots for Grand Jury of any Borough to contract with the Grand Jury
of*PrU(Mi^°^ of the County adjoining such Borough, or with which it shall

have the longest common Boundar}', or other Persons having
Authority or Jurisdiction in and over any Gaol or House of
Correction of such County, for the Support and Maintenance,
in such last-mentioned Gaol or House of Correction, of any
Prisoners committed thereto from such Borough ; provided
that no such Contract be entered into by any such Grand
Jury of such County, or other Persons having such Authority
or Jurisdiction, without an Order for that Purpose being made
by such Grand Jury or Persons in their County Book or other
Book in which their Proceedings are entered ; and every such
Contract may either be perpetual or limited to a certain Term
of Years, as the Parties shall mutually agree; and during the
Existence of such Contract every Prisoner who would otherwise
be confined in the Gaol or House of Correction of such Borough
of which the Grand Jury shall so contract may be lawfully
committed or removed to and confined in the Gaol or House
of Correction so receiving him or her under such Contract;
and all Prisoners so confined by Contract, whether before or
after Trial, shall be subject in all Matters and Things to the
same Rules and Regulations as if they were committed thereto
by any of the Justices of such County, and if committed before
Trial shall be triable and tried in the same Manner as if their
OiTences had been committed in a Part of such County not
within such Borough from whence such Person shall come, save
only that if the Gaol or House of Correction so /-eceiving under
Contract a Prisoner committed for Trial shall be situate within
Two Miles of the usual Place of Trial of such Borough wherein
the Offence charged against such Prisoner shall be alleged to
have been committed, it shall be lawful to try such Prisoner
in the Manner heretofore accustomed, or in the Place in which
lie would or might have been tried if this Act had not been
passed, and for the Magistrates or other proper Officer of such
Borough to direct the Removal of such Prisoner for Trial, and
to do all other Acts necessary for such Trial or consequent
thereon.
Maximum Rate X. And be it enacted, That the Maximum Rate of Assess-
or Aoeament. ment of every Borough Rate to be made in any Borough under

the said recited Act shall in no Case in any Borough exceed
One Shilling in the Pound of the yearly Value of the Premises
assessed thereto at which the same shall be estimated for the
Purpose of a Rate for the Relief of the destitute Poor, and
shall not, in any Borough in which an Act passed in the Ninth
9G.4. cSS. Year of the Reign of King George the Fourth, intituled An Act

to make Promnon fir the lighting^ cleansing^ and watching ofCitieSf
Toumi Corporate^ and Market Towne in Ireland, in certain CaseSf
o\ in which any Local Act 6r Acts providing for the paving,

lighting,

1^40. Mwdcipal DiMiru^ lUyuIationj Irela^ Cap. 109. M3

lighting, and cleansing of such Borough shall be in force, exceed
Three-pence in the Pound of such yearly Value of the Premises
so assessed to such Borough Rate as aforesaid: Provided
always, that in any Case in which the Council of any Borough
shall be entitled, as to the Whole or as to any Part of such
Borough which shall not be within the Provisions of any Local
Act for lighting the same, to levy Rates for the Purpose of
lighting such Borough or such Part thereof, then the Rate to
be levied within such Borough or within such Part thereof shall,
in addition to the aforesaid Rate of Three-pence in the Pound,
be of such an Amount as will be sufficient to cover the Expence
of such lighting : Provided also, that in any Borough in which
any Proportion of the Expence of the Constabulary Force in
and for such Borough shall be payable out of the Borough
Fund, then, in addition to the said Kate of Three-pence in the
Pound, there may be levied a Rate of such an Amount as will be
sufficient to cover the Expence of such Constabulary Force:
Provided also, that in every such Case a separate Account shall
be kept of all Monies so levied beyond the aforesaid Rate of
Three-pence in the Pound, and such Monies shall be applicable
only to the Purposes for which they shall have been levied ; and
such Account shall at all reasonable Times be open to the
Inspection of every Rate-payer.

XI. * And whereas Provision is made by the said recited Act Fuither Pro-
for Compensation in certain Cases, and it is deemed expedient ^^*^ ''r^™"
to make further Provision in relation thereto : And whereas ^Jho are to **"
an Act was passed in the last Session of Parliament, intituled receive Com-
An Act to regain the Alienation of Corporate Property in certain ^5"°^?" "?J7
Tovms in Ireland, whereby it is provided that no Person who ^^ct.
should have been appointed to any Office or Place of Profit in s&svict. c.76«
or by any of the said Bodies Corporate since the Sixteenth
Day of February in the Year One thousand eight hundred
and thirty six should be entitled, by reason of such Appoint-
ment, to have any Compensation for the Loss of such Office or
Place of Profit, or of the Fees and Emoluments thereof, in
case Provision should be thereafter made by Parliament for
removing him or authorizing his Removal firom such Office
or Place of Profit, or for amending or abolishing the same;'
be it enacted, That every chartered Magistrate acting by Cor-
porate Appointment, whose Duties and Fees shall have been
regulated by any Act of Parliament now in force in Ireland^ and
every Officer and every Person holding Office within any Borough
or Body Corporate, except those appointed for the first Time
since the Sixteenth Day of February One thousand eight hun-
dred and thirty-six, and every Officer of any* County, who shall
hold any Place or Office of Profit at the Time when the said
first-recited Act shall come into operation in such Borough,
whose Office shall be abolished or cease or become unnecessary
by reason of the said first-recited Act, or who shall be removed
from bis Office and shall not be re-appointed thereto under the
Provisions of the said first-recited Act, or deprived of Fees or
Emoluments to which he would have been entitled if the said

313 firsL-

864 Cap. 109. Municipal Districts Regulation, Irdand. 3 & 4 Vicr.

first-recited Act had not been passed, shall be entitled to have
an adequate Compensation, by way either of a Sum in gross
or of Annui^, at the Option of and to be assessed by the Council,
Commissioners, or Guardians acting under the said first-recited
Act for that Borough, and paid out of the Borough Fund
or Town Fund, or Corporate Property or Funds vested in the
Guardians under the said first-recited Act, as the Case may
be, for the Salary, Fees, and Emoluments of the OflBce which
he shall so cease to hold, or for the Fees or Emoluments of
which he shall be so deprived as aforesaid, regard being bad
to the Manner of bis Appointment to the said Office, and his
Term or Interest therein, (whether such Person shall have held
liis Office for Life, or the Usage shall have been such as to
raise a just Expectation that the Office would continue for Life,
although, in compliance with some Charter, Custom, Bye Law,
or Statute such Person may have been subjected to an annual
or other periodical Election,) and all other Circumstances of
the Case; and every Person entitled to such Compensation as
aforesaid shall deliver to the Town Clerk, or in case such Person
shall himself be Town Clerk then to the Treasurer of the
Borough, a Statement under the Hand of such Person, setting
forth the Amount received by him or his P^redecessors in every
Year during the Period of Five Years next before the passing
of the said first-recited Act on account of the Salary, Fees,
Emoluments, Profits, and Perquisites in respect whereof he shall
claim such Compensation, distinguishing, the Office, Place,
Situation, Employment, or Appointment in respect whereof the
same shall have been received, and containing a Declaration that
the same is a true Statement, according to the best of the
Knowledge, Information, and Belief of such Person, and also
setting forth the Sum claimed by h'im as such Compensation ;
and the Town Clerk or Treasurer, as the Case shall be^ shall
lay sudi Statement before the Council, Commissioners, or
Guardians acting under the said first-recited Act for that
Borough, who shall take the same into consideration, and
determine thereon ; and immediately upon such Determination
being made the Person preferring such Claim, if he shall not
himself be the Town Clerk, shall be informed thei'eof by Notice
in Writing under the Hand of the Town Clerk, and in case such
Claim shall be admitted in part and disallowed in part such
Notice shall specify the Particulars in which the same shall have
been admitted and disallowed respectively; and in case the
Person preferring such Claim shall think himself aggrieved by
the Determination of the Council, Commissioners, or Guardians
acting under the said first-recited Act for that Borough thereon,
or in case One Third of the Members of the Council, Commis-
sioners, or Guardians acting under the said first-recited Act
for that Borough shall subscribe a Protest against the Amount
of Compensation allowed by such Determination as excessive^ it
shall be lawful for the Person preferring such Claim, or any
Member of the Council, Commissioner, or Guardian, as the Case
may be, who shall subscribe such Protest, to appeal to tlie

Commissioners

1840. Municipal Distrkts Beffulatian, Ireland. Cap. 109. 865

Commissioners of Her Majesty's Treasury, who shall thereupon
make such Order as to them shall seem just; and such- Order,
signed by Three or more of such Commissioners, shall be
binding on all Parties : Provided always, that if tlie Council,
Commissioners, or Guardians so acting for such Borough shall
not determine on such Claim within Six Calendar Months after
the aforesaid Statement shall be delivered to the Town Clerk
or Treasurer, as tlie Case shall be, such Claim shall be con-
sidered as admitted : Provided also, that it sliall not be lawful
for any Member of the Council, Commissioner, or Guardian
to subscribe such Protest as aforesaid, except within such Period
of Six Calendar Months : Provided also, that the Person pre-
ferring such Claim, if any Member of the Council, Commis-
sioner^ or Guardian shall so require, upon receiving Notice in
Writing, signed by the Town Clerk, unless such Person shall
himselt beTown Clerk, in which Case no such Notice shall
be requisite, shall from Time to Time attend at any Meeting
or adjourned Meeting of the Council, Commissioners, or Guar-
dians, for the Investigation of such Claim, and then and tliere,
upon his Oath or solemn Affirmation, to be taken or made before
the Mayor or Chairman, (who is hereby authorized to administer
the same,) shall answer all such Questions as shall be asked by
any Member of the Council, Commissioner, or Guardian,
touching the Matters set forth in the Statement subscribed
by such Person as aforesaid, and produce all Books, Papers,
and Writings in his Possession, Custody, or Power relating
thereto: Provided also, that it shall be lawful for any such
Town Clerk to include in the Amount of Compensation to be
so claimed by him, not only tlie Salary and just Emoluments
of his Office of Town Clerk, but also the Profits derived from
the Performance of the Legal Business of the Body Corporate
of the Borough in which he shall be such Town Clerk,
executed by him, in or by reason of his official Capacity, and
the just Emoluments of any other Corporate Appointment held
by such Town Clerk, and usually held in conjunction with or
attached or annexed to the Office of Town Clerk : Provided
also, that in any Case in which such Town Cerk, or any otlier
Officer of any such Borough, shall hold his Office for Life or
during good Behaviour, or where the Usage has been such as
to raise a just Expectation that the Office shall continue for
the Life of the Holder, a Compensation of not less than Two
Thirds of his Profits may be granted to such Officer, calculated
upon an Average of his just Emoluments or those of his Pre-
decessors for the Five Years next before the passing of the said
first-recited Act: Provided also, that every such Officer who
shall be continued in or re-appointed to such Office under the
Provisions of this Act, and who shall be subsequently removed
from such Office for any Cause other than such Misconduct as
would warrant Removal from any Office held during good %

Behaviour, shall be entitled to Compensation in like Manner as
if he had been forthwith removed under the Provisions of this
Act, and had nqt been continued in or re^appoinled to such •

3 I 4 Office:

864 Cap. 109. Municipal DutncU BegviaJtuniy Ireland. 3 & 4 Vicr.

first-recited Act had not been passed, shall be entitled to have
' an adequate Compensation) by way either of a Sum in gross

or of Annui^, at the Option of and to be assessed by the Council,
Commissioners, or Guardians acting imder the said first-recited
Act for that Borough, and paid out of the Borough Fund
or Town Fund, or Corporate Property or Funds vested in the
Guardians under the said first^recited Act, as the Case may
be, for the Salary, Fees, and Emoluments of the Oflice which
he shall so cease to hold, or for the Fees or Emoluments of
which he shall be so deprived as aforesaid, regard being had
to the Manner of his Appointment to the said Office, and his
Term or Interest therein, (whether such Person shall have held
Ills Office for Life, or the Usage shall have been such as to
raise a just Expectation that the Office would continue for Liie,
although, in compliance with some Charter, Custom, Bye Law,
or Statute such Person may have been subjected to an annual
or other periodical Election,) and all other Circumstances of
the Case ; and every Person entitled to such Compensation as
aforesaid shall deliver to the Town Clerk, or in case such Person
shall himself be Town Clerk then to the Treasurer of the
Borough, a Statement under the Hand of such Person, setting
forth the Amount received by him or his Predecessors in every
Year during the Period of Five Years next before the passing
of the said first-recited Act on account of the Salary, Fees,
Emoluments, Profits, and Perquisites in respect whereof be shall
claim such Compensation, distinguishing, the Office, Place,
Situation, Employment, or Appointment in respect whereof the
same shall have been received, and containing a Declaration that
the same is a true Statement, according to the best of the
Knowledge, Information, and Belief of such Person, and also
setting forth the Sum claimed by him as such Compensation ;
and me Town Clerk or Treasurer, as the Case shall be^ shall
lay sucli Statement before the Council, Commissioners, or
Guardians acting under the said first-recited Act for that
Borough, who shall take the same into consideration, and
determine thereon ; and immediately upon such Determination
being made the Person preferring such Claim, if he shall not
himself be the Town Clerk, shall be informed thereof by Notice
in Writing under the Hand of the Town Clerk, and in case such
Claim shall be admitted in part and disallowed in part such
Notice shall specify the Particulars in which the same shall have
been admitted and disallowed respectively; and in case the
Person preferring such Claim shall think himself aggrieved by
the Determination of the Council, Commissioners, or Guardians
acting under the said first-recited Act for that Borough thereon,
or in case One Third of the Members of the Council, Commis-
sioners, or Guardians acting under the said first-recited Act
for that Borough shall subscribe a Protest against the Amount
of Compensation allowed by such Determination as excessive, it
shall be lawful for the Person preferring such Claim, or any
Member of the Council, Commissioner, or Guardian, as the Case
may be, who shall subscribe such Protest, to appeal to the

Commissioners

1840. MumcijHd Districts B^fuktian, Ird^ Cap. 109. 865

Commissioners of Her Majesty^s Treasury, who shall thereupon
make such Order as to them shall seem just; and such- Order,
signed by Three or more of such Commissioners, shall be
binding on all Parties : Provided always, tliat if tlie Council,
Commissioners, or Guardians so acting for such Borough shall
not determine on such Claim within Six Calendar Months after
the aforesaid Statement shall be delivered to the Town Clerk
or Treasurer, as the Case shall be, such Claim shall be con*
sidered as admitted : Provided also, that it sliall not be lawful
for any Member of the Council, Commissioner, or Guardian
to subscribe such Protest as aforesaid, except within such Period
of Six Calendar Months : Provided also, that the Person pre-
ferring such Claim, if any Member of the Council, Commis-
sioner, or Guardian shall so require, upon receiving Notice in
Writinj^ simed by the Town Clerk, unless such Person shall
himsdt beTown Clerk, in which Case no such Notice shall
be requisite, shall from Time to Time attend at any Meeting
or adjourned Meeting of the Council, Commissioners, or Guar-
dians, for the Investigation of such Claim, and then and tliere,
upon his Oath or solemn Affirmation, to be taken or made before
the Mayor or Chairman, (who is hereby authorized to administer
the same,) shall answer all such Questions as shall be asked by
any Member of the Council, Commissioner, or Guardian,
touching the Matters set forth in the Statement subscribed
by such Person as aforesaid, and produce all Books, Papers,
and Writings in his Possession, Custody, or Power relating
thereto: Provided also, that it shall be lawful for any such
Town Clerk to include in the Amount of Compensation to be
so claimed by him, not only tlie Salary and just Emoluments
of his Office of Town Clerk, but also the Profits derived from
the Performance of the Legal Business of the Body Corporate
of the Borough in which he shall be such Town Clerk,
executed by him, in or by reason of his official Capacity, and
the just Emoluments of any other Corporate Appointment held
by such Town Clerk, and usually held in conjunction with or
attached or annexed to the Office of Town Clerk : Provided
also, that in any Case in which such Town Cerk, or any other
Officer of any such Borough, shall hold his Office for Life or
during good Behaviour, or where the Usage has been such as
to raise a just Expectation that the Office shall continue for
the Life of the Holder, a Compensation of not less than Two
Thirds of his Profits may be granted to such Officer, calculated
upon an Average of his just Emoluments or those of his Pre-
decessors for the Five Years next before the passing of the said
first-recited Act: Provided also, tliat every such Officer who
shall be continued in or re-appointed to such Office under the
Provisions of this Act, and who shall be subsequently removed
from such Office for any Cause other than such Misconduct as
would warrant Removal from any Office held during good %

Behaviour, shall be entitled to Compensation in like Manner as
if he had been forthwith removed under the Provisions of this
Act, and had nqt been continued in or re-appointed to such •

3 14 Office:

860

6&7W.4<e.i00tf

Restraining the
ConTeyance of
Corponte Pro-
perty until the
Act for the Re*
gulation of
Municipal Cor*
porationa in
Ireland comes
into operation^
unless bona
fide agreed upon
piefiously to

Cap. 109. Municipal Distrieti Reffulationj Ireland. 3 & 4 Vict.

Office: Provided also, that the Provisions herein-befbre con-
tained .with respect to such Notice, Protest, and Appeals as
aforesaid, and with respect to the said Commissioners of the
Treasury making such Order as aforesaid, and with respect
to the Person claiming Compensation delivering such State*
ment, and attending such Meeting or Meetings, and submitting
to such Examination on Oath, and answering such Questioils,
and producing such Books, Papers, and Writings as aforesaid,
and with respect to the Powers of Investigation of the Town
Council, and all other Matters in respect of such Claim, shall
apply to any Claim or Compensation of any of the Persons m
the said first*recited Act mentioned or specially provided for :
Provided also, that in case Bobert Dichinsoriy for whose Com-
pensation special Provision is made in the said first- recited Act,
shall, after the passing thereof, continue to hold any Corporate
Office, either solely, or jointly with any other Person or Persons,
the Emoluments of any such Office shall be treated as extin-
guishing any Right of the said Bobert Dickinson to Compensation
under the said special Provision if such Emoluments shall
amount to the annual Sum of Three hundred Pounds, and if
such Emoluments be less the said annual Sum shall be treated
as applicable in part Discbarge of such Compensation : PnK
vided also, that nothing in this Act contained shall authorize
he granting or awarding to Robert Dickinson in the said first-
recited Act mentioned any Compensation of or upcn any annual
Sura exceeding the annual Sum of Three hundred Pounds as
n the said first-recited Act mentioned.
XII. < And whereas an Act was passed in the Sixth and
Seventh Years of the Reign of His late Majesty, intituled
An Act to restrain the Alienation of Corporate Property in certain
Towns in Ireland, whereby temporary Provision was made to
the end that the Estate and Effects of the Bodies Corporate
constituted in certain Towns in Ireland might be preserved
and maintained for the Use and Benefit of the Inhabitants
of the said Towns, and upon and for the several Trusts and
Purposes to which the same ought to be applied : And whereas
by Three Acts passed respectively in the last and in the Two
previous Sessions of Parliament, further temporary Provision
was made to the like End: And whereas the Provision so
contained in the last of the said Acts will cease on the Fim
Day of September One thousand eight hundred and forty : And
whereas it is fitting that such Provision should be continued ;'
be it therefore enacted. That no Conveyance, Alienation, Settle-
ment, Charge, or Incumbrance whatsoever, of, out of, or upon
any Lands, Tenements, or Hereditamenjts to which any Body
Corporate, or late or reputed Body Corporate, named in the
Schedules to the said Act of the Sixth and Seventh Years of
His said late Majesty annexed, or any One or more of the
Members of any of the said Bodies Corporate in his or their
Corporate Capacity, or any Person or Persons in Trust for them
or any of them, now have or may hereafter acquire, or on or
before the Sixteenth Day of FAruary One thousand eight hun-
dred

1840. Mmicq>al DUtrids MefftdatUmy Ireland. Cap. 109. 667

dred and thirty^six had or have since then acquired, any Right th« I6th Fe-
or Title, unless in pursuance of some Covenant or Contract or '*™*^ *®^*
Agreement band^fide made or entered into on or before the
said Sixteenth Day of 'FAnuvry by or on behalf of such Body
Corporate, or of some Resolution duly entered in the Corporate
Books of such Body Corporate on or before the said Sixteenth
Day otFtbruary^ shall (except as herein-after provided) be made
or executed by or on behalf of such Body Corporate on or before
the Day of the first Election of Councillors under the said first-
recited Act, in any Borough named in the said Schedule (A.),
or on or before the Twenty-fifth Day of October in the Year
One thousand eight hundred and forty-one in any Borough
named in either of the Schedules (B.) or (I.) to that Act
annexed ; and that no Contract, Covenant, or Agreement to
convey or to charge such Lands, Tenements, or Hereditaments,
entered into after the passing of this Act, and on or before the
Day of the first Election of Councillors under the said first-recited
Act in any Borough named in the said Schedule (A,), or on
or before the Twenty-fifth Day of October in the Year Otie thou-
sand eight hundred and forty-one in any Borough named in
either of the said Schedules (B.) or (L), shall (except as
herein-after provided) be valid ; and no Assignment, Grant, or
Disposition of, or Covenant or Agreement to affect, any Personal
Estate or Estates of any such Body Corporate, which may be
hereafrer made on or before the said Day of the first Election of
Councillors under the said first-recited Act, in any Borough
named in the said Schedule (A.), or on or before the Twenty-
fifth Day of October in the Year One thousand eight hundred
and forty-one in any Borough named in either of the said
Schedules (B.) or (I.), shall (except as herein-after provided)
be valid and effectual: Provided always, that nothing herein
contained shall extend to such Dispositions as may be made
before the said Day of the first Election of Councillors under
the said first-recited Act iii any Borough named in the said
Schedule (A.), or before the Twenty-fifth Day of October in the
Year One thousand eight hundred and forty-one in any Borough
named in either of the said Schedules (B.) or (I.), of any Part
of the Real or Personal Estate of any such Body Corporate, for
paying any just and lawful Debt contracted by them before
the said Sixteenth Yy^yoi February One thousand eight hundred
and thirty-six, or for paying any Debt which such Body Cor-
porate shall have been or may be directed to pay by any Order,
Judgment, or Decree of any Court of Law or Equity, or for
defraying the legal Salaries of necessary Officers, and other legal
and necessary Disbursements of such Body Corporate.

XIII. And be it enacted. That this Act shall come into Time when
operation in each of the said Boroughs of GwA, Dublin^ Droghedoy ***" ^^ *^*
Kilkenny^ Limerick^ and fVaterford on the Day after the Election ^^^^,
of a Town Council under the Provisions of the said Act of

this present Session of Parliament

XIV. And be it enacted. That in the Construction of this Interpretation
Act the Word " Borough" shall be construed to mean City, ^"«••

Borough,

5&6W.4.c.2a

868 Cap. lOd, 1 10, Mmicipal Didrids Eyulatum, Ireland. 3 & 4 Vict.

Borough, or Town Corporate, and shall also be construed to
include in its Meaning County of a City or County of a Town ,
and the Word <^ Borough/' shall be construed to include and
extend to the Limits thereof as the same are defined in and by
an Act passed in the present Session of Parliament, intituled
3& 4 Vict. Jjn j^ci yj|. ^ Emulation of Municipal Corporations in Ireland ;

and the Words ^^Lord Lieutenant" shall be construed to mean

the Lord Lieutenant, Lords Justices, or other Chief Governor

or Governors o( Ireland,

Act may be XV. And be it enacted, That this Act may be amended or

amended, &c. repealed by any Act to be passe4 in the present Session of

Parliament.

^^>uy.^ ^ CAP. ex.

Y/y/^ ^/ An Act to amend the Laws relating to Loan Societies.
J'^y ^c r^//^^. [11th Angmt 1840.]

/^ 9^//n r3 ^ WHEREAS an Act was passed in die Fifdi Year of the

* ^^ Reign of His late Majesty, intituled An Act for the
^ Establidiment of Loan Societies in England and Wales; and to
' extend the Provisions of the Friendly Societies Acts to tlie Islands

* ^Guernsey, Jersey, an^f Man: And whereas it is expedient to
< repeal so mucli of the said Act as relates to the Establishment

* of Loan Societies in England and Wales^ and to make other
Repeal of < Provisions instead thereof:' Be it enacted by the Queen's
5&6W. 4. C.2S. ^Qgj Excellent Majesty, by and with the Advice and Consent
h^i.aft^ of the Lords Spiritual and Temporal, and Commons, in tiiis
provided. present Parliament assembled, and by the Authority of the
Proriflioiu to same. That so much of the said Act as relates to the Establish-
}m 111 force for mg^t of Loan Societies in England and Wales shall be repealed,
Sums^knt pre- except as is herein-after provided : Provided always, that the
▼ious to passing Provisions of the said Act, and all Rules heretofore certified
of this Act jjy ^^ Barrister appointed to certify the Rules of Savings

Banks, and enrolled for the Management of Societies established
under the said Act, shall continue and be in force and appli-
cable for the Recovery of all Sums of Money which have been
lent by any such Society before the passing of this Act, and
may be due and owing or become due in respect of any Loan
made by any such Society previous to the passing of this Act,
according to the Rules of such Society, except where the same
shall be contrary to the Provisions in this Act contained ; and
all such Rules shall be judicially taken notice of and enforced
by all^ Justices in any Proceedings to be had or taken by the
Treasurer or Clerk of such Society for the Recovery of any
Loan or Loans, or any Sum of Money on account thereof.
Society not JL And be it enacted, That no Society certified and en-

U^*Mo^" rolled under the said Act, or Treasurer, Trustee, Clerk, Ser-
for Loans made vant, Or Member thereof, shall be liable to any Penalty or
before puuDg Forfeiture imposed by any Act or Acts relating to Usury on
** account of having reserved or contracted for more than the legal

Rate

1840. Loan Sodeties. Cap. 110. 869

Rate af Interest, either in the Way of Interest, or other Charges
or Expences, in respect of any Loan made by such Society
before the passing of this Act.

III. And be it enacted, That if any Number of Persons Formation of
who have formed or shall form any Society in England for estab- ^^ &cietie«
lishing a Fund for making Loans to the industrious Classes, ^^-^ tbu^^'
and taking Payment of the same by Instalments, with Interest Act
thereon, shall be desirous of having the Benefit of this Act,

such Persons shall cause the Rules framed or to be framed for
the Management of such Society to be certiBed, deposited,
and enrolled in manner hereiii-«fler directed, and thereupon
shall have the Benefit of the Provisions contained in this
Act.

IV. And be it enacted. That Three Transcripts fairly written Three Tran-
or printed, or partly written and partly printed, on Paper or «riptoofRiile»
Parchment, of all Rules made m pursuance of this Act,'^^,^ Bju.,igjgy^
signed by Three Members, and countersigned by the Clerk &c

or Secretary, (accompanied, in the Case of any Amendment of
the Rules, with an Affidavit of the Clerk or Secretary, or one
of the Officers of the said Society, that the Provisions of this
Act have been duly complied widi,) with all convenient Speed
after the same shall be made or amended, and so from Time to
Time after every making or amending thereof, shall be sub-
mitted to the Barrister at Law for the Time being appointed
to certify the Rules of Savings Banks, for the Purpose of ascer-
taining whether the said Rules of such Society, or' Amendment
thereof, are calculated to carry into effect the Intention of the
Parties framing such Rules or Amendments, and are in con-
formity to Law; and that the said Barrister shall advise with Barrister, &c.
the said Clerk or Secretary, if required, and shall give a Cer- to certify the
tificate on each of the said Transcripts, that the same are in Traiwcnpts.
conformity to Law, or point out in what Part or Parts the said
Rules are repugnant thereto ; and that the Barrister for advising Fee payable to
as aforesaid, and perusing the Rules or Amendments of the Barriater.
Rules of each Society, and giving such Certificates as aforesaid,
shall demand no further Fee than the Sum of One Guinea ;
and One of such Transcripts, when certified by the said Bar- One Transcript
rister, shall be kept by the said Barrister, and another returned ^ ^ '^'P' ^y
to the Society, and the Third of such Transcripts shall be trans- i|iotL*r"*^Vn.
niitted by such Barrister lo the Clerk of the Peace for the edtotheSociety,
County, City, or Borough wherein such Society shall be formed, ^^^^ ***« '^^^^
and by him laid before the Court of General Quarter Sessions, awkof Peace,
or Adjournment thereof, held next afler the Time when such
Transcript ^shall have been so certified and transmitted to him Justices to cou-
as aforesaid ; and the said Court is hereby authorized and ^"" ^"^**"
required, without Motion, to allow and confirm the same ; and
such Transcript shall be filed by such Clerk of the Peace with
the Rolls of the Sessions of the Peace in his Custody, without
Fee or Reward ; and that all Rules and Amendments thereof, Rul«> &c. to
from the Time when the same shall be certified by the said b«bind^whcn
Barrister, shall be binding on the several Members and Officers Barrister/

of

870

Cap. 1 10.

Loan Societies^

d&4Vicr.

Ko confirmed
Rule to be al-
tered but at a
General Meet-
ing of the
Society, &c.

Limitation of
Fee payable to
Banister.

Rules to be
entered in a
Book to be
kept by the
Officer of the
Society.

of the said Society, and the Borrowers and Sureties, and all
other Persons havin^i^ Interest therein.

V. And be it enacted, That no Rule, certified in manner
aforesaid, shall be altered, rescinded, or repealed unless at a
General Meeting of the Members of such Society, convened by
Notice, written or printed, signed by the Secretary or President
or other principal Officer or Clerk of such Society, in pursuance
of the enrolled Rules, or of a Requisition for that Purpose
fiigned by Three or more of the Members of such Society,
such Notice to be forwarded by Post or otherwise to every
Member of the Society Seven clear Days at least before the
Day appointed for such Meeting; and such Alterations or
Repeal shall and may be made with the Concurrence of the
Majority of the Members of such Society tlien and there
present.

VL And be it enacted, That the said Barrister shall be enti-
tled to no further Fee for or in respect of any Amendment of
any Rules enrolled under this Act, or which have been before
the passing of this Act enrolled under the said Act of the
Fifth Year of His late Majesty, upon which One Fee has been
already paid to the said Barrister within the Period of Three
Years.

VII. And be it enacted, That all Rules from Time to Time
made and in force for the Management of any such Loan So-
ciety, and duly certified and enrolled, shall be entered in a
Book or Books to be kept by an Officer of such Society to be
appointed for that Purpose, which Book or Books shall be open
at all seasonable Times for the Inspection of all Members of
such Society, and of the Persons receiving Loans from such
Society, and shall be binding on the several Members and
Officers of such Society, and the several Persons receiving
Loans from the same, and their Representatives, as well as those
Parties who may become the Sureties for the Repayment of
any Loan, their Executors or Administrators; and all such
Persons and Parties shall be deemed to have full Notice of the
enrolled Rules of the Society by the Deposit thereof witli the
Clerk of the Peace or Town Clerk, as required by this Act,
and by the Entry thereof in such Book or Books; and the
Entry of such Rules in such Book or Books as aforesaid, or the
Transcript thereof, deposited with the Clerk of the Peace or
Town Clerk, or a true Copy of such Transcript examined with
the Original, and proved to be a true Copy, or the Copy cer-
tified by the Barrister at Law appointed for that Purpose, shall
be received as Evidence of such Rules respectively in all Cases,
and no Certiorari shall be brought or allowed to remove any
such Rules into any of Her Majesty's Courts of Record ; and
every Copy of any such Transcript deposited with any Clerk
of the Peace or Town Clerk as aforesaid shall be made with-
out Fee or Reward, except the actual Expence of making
such Copy ; and such Copy shall not be subject to any Stamp
Duty.

VIIL And

1840. Loan Societies. Cap. 110. 871

VIII. And be it enacted, That all Monies and Securities Property of
for Money, and all Chattels whatsoever, belonging to any such ?**2w xiS^
Society, shall be vested in a Trustee or Trustees for the Use thereof.

and Benefit of such Society and the Members thereof their Ex-
ecutors and Administrators respectively, according to their,
several Shares and Interests therein, and after die Death,
Resignation, or Removal of any Trustee or Trustees shall vest
in the surviving or succeeding Trustee or Trustees for the same
Estate and Interest as the former Trustee or Trustees had
therein, and subject to the same Trusts, without any Assignment
or Conveyance whatever, and also shall for all Purposes of
Suit, as well Criminal as Civil, at Law or in Equity, in anywise
concerning the same, be deemed to be the Property of the
Person or Persons appointed to the Office of Trustee or Trus-
tees of such Society for the Time being, in his or their proper
Name or Names without further Description ; and such Person
or Persons are hereby respectively authorized to bring or
defend, or cause to be brought or defended, any Suit, Criminal
as well as Civil, at Law or m Equity, concerning the Property
or any Claim of such Society, and to sue and be sued, plead
and be impleaded, in his or their proper Name or Names, as
Trustee or Trustees of such Society, without any other Descrip-
tion ; and no Suit shall abate or be discontinued by the Death
of such Person or Persons, or his or their Removal from the
Office of Trostee or Trustees as aforesaid, but the same shall
and may be proceeded in and by or against the succeeding
Trustee or Trustees ; and such succeeding Trustee or Trustees
shall pay or receive like Costs for the Benefit of or to be reim-
bursed from the Funds of such Society as if the Suit had been
commenced in his or their Name or Names.

IX. And be it enacted. That for every Sum of Money de- Societietto
posited or to be deposited with any Loan Society, otherwise "^® Debon- ^
than by way of Gift, it shall be lawful for such Society, if they *""**

shall think fit, to issue a Debenture, to be registered in the
Books of the Loan Society by whom such Debenture shall be
payable ; and no such Debenture shall be liable to any Stamp
Duty or Parliamentary Imposition whatever.

X. And be it enacted, That no Treasurer, Trustee, or other Trustees sign-
Officer of any Loan Society subscribing a Debenture shall be '"« ^^!Sif'^
individually responsible, in Person or Property, for the Payment {jabiTuSMB ^
of the same, or of any Interest thereon ; but such Debenture specially under-
shall be a Charge on the Capital and Property of the Society *^*"-
alone, unless such Treasurer, Trustee, or other Officer shall,

in the Instrument or by Writing at the Foot or on the Back
thereof declare his or their Willingness to be so liable in Person
or Property; and such Understanding shall only apply to the
specific Sums so guaranteed.

XL And be it enacted. That in case any Debenture Holder, SumsunderSOL
Depositor, or other Claimant entitled to receive any Sum not ^[^p^"*^
exceeding Fifty Pounds out of the Funds of any such Loan Society payabl*
Society, shall die, it shall be lawful for the Trustees or Trustee 'without Pro-
thereof, from and after the Expiration of Three Calendar Months Jjj^tJti^^

after any deoetied

874

Cap. 110.

l/HJOi Societies.

8&4Vicr.

Power for So-
cieties to reduce
Demand to
enable Courts
of Request to
adjudicate, pro-
vided they
accept the same
in full.

Trea&urer of
any Loan So-
ciety to sue for
Securities
granted to his
Predecessor.

Sum to be de-
manded for
InquirieSi

Sum (or In-
terest

according to the Course and Practice of such Courts ; and in
such Case the Act or Acts, and all Provisions therein relating
to such Court and the Powers thereof, shall be applicable to
the Recovery of the Sum so due on such Note.

XVIII. And be it enacted, That in case the whole Sum
that shall appear to be due on any such Note shall exceed the
Amount for which such Court shall have Jurisdiction, and such
Treasurer or Clerk shall declare to the Court that he is will-
ing to accept such Sum of Money as the said Court shall be
enabled to adjudge and order to be paid, in full of the whole
of such Amount so due as aforesaid, then, in every such Case,
the Court shall adjudge such Sum or Sums to be paid by the
Defendants or Defen&nt, not exceeding the Amount for which
such Court shall have Jurisdiction, as to the Court shall seem
just; and such Treasurer or Clerk shall be precluded from
afterwards proceeding in any other Court, or before any Jus-
tice, for or on account of such Debt

XIX. And be it enacted, That it shall be lawful for the
Treasurer or Clerk for the Time being of any Loan Society,
whose Rules shall have been duly certified as aforesaid, to sue
for and recover, for the Use of such Society, the Amount of
any Note or other Security, which shall have been passed or
made payable to the Treasurer for the Time being of such
Society, whether or not any Change or Changes shall have
taken place in the Person by whom the said Office of Trea-
surer or Clerk may be filled.

XX. And be it enacted, That it shall be lawful for the
Trustees or Trustee of any Society established under the Pro-
visions of this Act to demand and receive from any Person
applying for a Loan, at the Time of giving out the Form of
Application, such Sum as shall be specified in the enrolled
Rules, not exceeding One Shilling and Sixpence, for the Form
of Application, and theExpence of making Inquiries into the
Character and Solvency of the Applicant, and his proposed
Sureties, which Sum tlie Society shall not be bound to return,
although no Loan shall be granted ; provided that such Inquiry
shall be made within Fourteen Days from the Time when the
Application Paper shall have been returned to the Office of the
Society, duly filled up, as required by the enrolled Rules.

XXL And be it enacted. That it shall be ilawful for the
Trustees or Trustee of any Society established under the Pro-
visions of this Act to demand and receive from every Person to
whom a Loan shall be made, by way of Discount, at the lime
of making the same, the full Amount which shall be specified
by the enrolled Rules of the Society, not exceeding in the whole
the Rate of Twelve Pounds by the Hundred, for the full Term
of One Year, and to receive the Amount of the Principal Sum
by Instalments, at such Time or Times, and in such Proportion
or Proportions, as shall be specified by the enrolled Rules,
but so nevertheless that the first Repayment shall not be paid
sooner than the Eleventh Day after the Day on which the
Loan shall have been actually granted aud advanced, and

5 that

1840. Loan Societies. Cap. 110. 875

that the Time and Manner:of paying such Instalments shall be
taken into account in the Calculation of the Interest to be paid,
and to take a Note of Hand for the whole Amount of the Loan,
by which the same or so much thereof as shall then remain
unpaid shall be recoverable immediately on failure of the
Payment of any Instalment, without being liable on account
thereof to any of the Forfeitures or Penalties imposed by any
Act or Acts relating to Usury.

XXII. And be it declared and enacted, That the Instal- 'Sew Schein««
ments to be paid, and the corresponding Sum charged for must be ccrtu
Interest, may be such as is expressed in any One of the Schemes of j^ational**"^
mentioned in the Schedule (E.) to this Act annexed, and that Debt Office,
the Scheme which is adopted by any Society, and tlie actual

Number of Shillings and Pence taken by way of Interest for
every Loan, shall be fully and clearly set forth in the enrolled
Rules of such Society ; and that if such Scheme shall in any
respect differ from every one of the Schemes set forth in the
said Schedule (E.), it shall not be lawful for the said Barrister
to certify the Rules of such Society, until a Certificate shall
have been obtained, under the Hand of the Actuary to the
National Debt Office, to the Effect that the Rate of Interest
proposed to be taken, including therein all Charges whatsoever,
except the aforesaid Sum of One Shilling and Sixpence, or so
much thereof as shall be cliarged for the Form of Application
and Expence of Inquiry, is not greater than is allowed by this
Act; for which Certificate the said Actuary shall be entitled
to have a Fee of One Guinea, and no more.

XXIII. And be it declared and enacted. That the said Sum Sums hefelu
of One Shilling and Sixpence, or so much thereof as shall be i^^^^^^i
charged under this Head by each Society, and the Sura so to chMgc«.
be taken by way of Interest, shall be in full of all Charges and
Demands to be made by the said Society for making Inquiry,

and for executing the Note, and for the Purchase of the
Borrower's Pass Book and Copy of the Rules, and all other
Books, Papers, or Things which he is required by the Society
to have, and for all Business whatsoever connected with the
granting of the said Loan ; and that it shall not be lawful by
thp Rules of any such Society to impose any Fine or Penalty
for any Irregularity in making Payment of the Instalments of
the Loan, except by requiring the Balance 6f the Loan then
remaining due and unpaid, or any Part thereof^ to be paid
either forthwith, or within such Time as shall be allowed by
the Rules of the Society ; and that any Clerk, Officer, Agent, Clerks, &c.
or Servant of the Society who by any Device, directly or overcharpng
indirectly, shall knowingly obtain from the Borrower, or any ^-^ l^ Uwfry! '
Surety, Payment of any further or other Sum than is allowed
by the Provisions of this Act, by way of Charge, Contribution,
Liquor Ticket, or for making any Inquiry, giving any Notice,
writing or sending any Letter, or otherwise howsoever, either
for his own Benefit or for the Benefit of the Society, or any
other Person or Party whatsoever, in consideration of the grant-
ing of such Loan, shall be liable to the Penalties of Usurv ; and
[No. 56. Price 2/f.] 3 K 'it

976

Cap. 110.

Loan Societies,

3 & 4 Vict.

InsUknentsnot
to be poid in
advance, nor
Loans to be
ballotted for.

Penalty.

Members to be

competent

Witnesses.

Forms stated in
Schedule may
be used.

Abstract of
Accounts to be
made out yearly,
and sent to the
Barrister.

Copy thereof
to be laid before
Parliament.

it shall be expressed in the enrolled Rules of every such Society
that an Entry must be made in the Borrower's Pass Book of
every Payment made to the Society by any such Borrower,
including the Payment made for Inquiries, and Entries shall be
made therein accordingly.

XXIV. Arid be it enacted. That it shall not be lawful for
any such Society to receive from any Borrower any Sum by way
of Instalment or otherwise, (except the said Sum of One
Shilling and Sixpence, or so much thereof as shall be taken for
the Form of Application and Expences of Inquiry,) before the
Day when the Loan shall be actually advanced and paid to
such Borrower ; nor shall it be lawful for any such Society to
cause the Applicants for Loans to ballot for Precedence, or in
any way to make the granting of any such Loan to depend
upon any Chance, Lot, or other gambling Device whatsoever ;
and every Society which shall onend against this Enactment
shall forfeit all the Benefit of the Provisions of this Act

XXV. And be it enacted, That on the Trial of any Suit
or other Proceeding respecting the Properly of any Society
established under the Authority of this Act, or in any Pro-
ceedings before any Justice of the Peace, or in any Court,
any Trustee, Treasurer, Manager, Shareholder, Officer, Clerk,
or Servant of such Society shall be a competent Witness,
notwithstanding any Interest he may have in the Result of
such Suit or other Proceeding.

XXVI. And be it enacted. That the several. Forms which
are set forth in the Schedules annexed to this Act marked res-
pectively (B.) and (C.) may be used, with such Additions or
Variations as may be necessary to adapt them to the particular
Circumstances of each Case, and that no Objection shall be
made or Advantage taken for Want of Form in any such Pro-
ceedings by any Person whomsoever.

XXVII. And be it enacted. That the Trustees of every
Society established under the Provisions of this Act, or which
may become entitled to the Benefits thereof, shall cause an
Abstract of the Accounts of such Society for each Year to be
made out, and up to the Thirty-first Day of December^ toother
with a Statement of the Funds and Efiects and of the Debts
or Liabilities of such Society, and an Estimate of the clear
net Profit or Loss up to that Period, which Abstract, State-
ment, and Estimate shall be in such Forms, and shall contain
such Particulars connected with the Accounts and Transac-
tions of such Society, as the Barrister appointed to certify the
Rules of Saving Banks shall from Time to Time direct; and
a Copy of such Abstract, Statement, and Estimate, duly certified
to be correct by the Secretary, Treasurer, and at least One
Trustee, shall during the Month of January in each Year be
delivered or sent to the said Barrister, and shall be laid by
him before both Houses of Parliament; and every Society
which shall refuse or neglect to deliver such Account as afore-
said shall be liable to a Penalty of Fifty Pounds, to be reco-
vered, at the Suit of the said Barrister, against the Trustees of

the

1840. Ijoan Societies, Cap. 1 10. 877

the Society, in any of Her Majesty's Superior Courts of Record :
Provided always, that the Trustees shall not be liable, in their Tru«tee« not
Persons or Goods, to the Consequences of any Judgment penonaUyliable.
obtained against them in any such^ Suit, but the same shall
avail and be enforced only against the Stock and Goods of the
Society in their Hands or within their Control.

XXVni. And be it enacted. That this Act shall extend to Extent of Act
England^ Waksy Berwick-upan'Tweed, and the Islands oiGuemsey^
Jersey y and Isle of Man,

XXIX. And be it enacted, That in the Construction of Interpretation
this Act the Word " Writing " shall be construed to mean and Clause,
include Printing or Engraving ; and whenever in this Act, in
describing any Pereon or Thing, the Word importing the
Singular Number or the Masculine Gender only is used, the

same shall be understood to include also seversd Persons or
lliings, and Females as well as Males ; unless there be some-
thing in the Subject or Context repugnant to such Construction*

XXX. And be it enacted, That this Act shall continue in Duration of •
force until the Thirty-first Day of December One thousand eight ^^'
hundred and forty-one.

XXXI. And be it enacted, lliat this Act may be amended Act may be
or repealed by any Act to be passed in this present Session of "°**^*^» *^-
Parliament

SCHEDULE to which this Act relates.

(A.)

Form of Note to be given by Borrower and Surety or

Sureties.

No. Day of 18 .

The [Name of Society] Loan Society, established pursuant
to [here insert the Date of this Session and Chapter of this Act"].

We jointly and severally promise to pay to the Treasurer
for the Time being of the [Name of Oie Society'] Society, at
the Office of the said Society in the Sum

of being the Amount of a Loan granted by. the

said Society to tlie undersigned by weekly Instal-

ments of each; the first Instalment to be payable

on the Day of and, on any Default

in the punctual Repayment of the Instalments, or other Breach
of the Conditions on which the Loan was granted as set fortli
in the enrolled Rules, we jointly and severally promise to pay
on Demand, to the Treasurer. aforesaid, at the Office aforesaid,
so much of the Loan as shall not then have been repaid.

yp -p' (^ \ Places of Residence

jj t' \ and Occupation.

3 K 2

876 Cap. 1 10. LomSodOia. 3&4Vtct.

(B.)

1 Whereas Complaint has this Day been made before
to wit. J nie, one of Her Majesty's Justices of the Peace acting
for the County of [or one of the

Magistrates of the Police Courts of the Metropolis sitting at
the Police Court at within the Metropolitan

District, or as the Case may ic], by on benalf of

the [Name of the Society] Society enrolled pursuant to the Act,
intituled [here insert the Titk of tfds Acf], that you have failed
to make Payment of a certain Instalment [or certain Instalments]
amounting to being Part of a Loan of

Pounds, secured by a certain Note entered into by you and

to the Treasurer for the Time being of the
said Society, dated the Day of One

thousand eight hundred and • These are there-

fore in Her Majesty's Name to require you personally to appear
at before me [or such other Justice acting for the

County of or such other Magistrate of the

Police Courts aforesaid, as shall be then and there sitting on
the Day of , or asjthe Case may ft^l

at of the Clock, then and there to answer the said

Complaint.

Given under my Hand and Seal this Day of

in the Year of our Lord One thousand eight hundred
and

(C.)

1 To all Constables and others. Her Majesty's Officers of
to wit. J the Peace for the County of and all others

whom it may concern.

Whereas on the Day of in the

Year of our L^d One thousand eight hundred and ,

late of the Parish of in the County of

was and is duly convicted before me
one of Her Majesty*s Justices of the Peace acting in and for
the County [or one of the Police Magistrates of the Metropolis
sitting at the Police Court in within the Metro-

politan District, or as the Case may i«], upon .the Oath of
[or as the Case may &«], to a certain Loan Society called
held at in the County of enrolled

under and by virtue of a certain Act of Parliament, intituled
[here insert the Title of this Act] ; for that on the
Day of in the Year of our Lord One thousand eight

liundred and at the Parish of in the

County

1840. Loan Societies. Cap. 110. 879

County of the said being the Party

liable to pay the Money herein-^fter mentioned, did tail to make
full Payment in Money to the Treasurer of the

said Society, of the Sum of Pounds Shillings

and pence, being Part of the Sum of

Pounds lent and advanced to and secured by

Note bearing Date the Day of One

thousand eight hundred and entered into by

the said to the said Treasurer of the said Society,

Demand having been duly made on the said for

the said Sum of Pounds Shillings

and pence previous to the said Day

of on behalf of the said Treasurer of the said

Society, contrary to the said Statute ; and the said
having been duly summoned before me the said Justice [or
Magistrate at the Police Court aforesaid], on the said
Day of to answer the said Complaint, and having [or

not, as Hie Case may ^,] appeared before me in pursuance of
such Summons, on the said Day of

at [or at the Police Court aforesaid], I the said

Justice [or Magistrate] did proceed to hear and determine the
said Complaint, and did adjudge and award the said
to pay the Sum of Pounds Shillings

and pence to the said Treasurer, and which appeared

to me to be due on the said Note, and also the Sum of
Shillings and pence, for the Costs of the said Sum-

mons, Complaint, and Hearing thereof, and making together
the Sum of : And whereas it appears to me the

said Justice [or Magistrate] that the said Sum of
Pounds Shillings and pence have been

duly demanded of the said and that he hath

neglected to pay and satisfy the same : These are therefore to
command you to levy the said Sum of Pounds

Shillings and pence by the Distress and Sale of the

Goods and Chattels of the said • And I do

hereby order and direct the Goods and Chattels so to be dis-
trained to be sold and disposed of within Four Days next after
making such Distress, unless the said last-mentioned Sum of
Money for which such Distress shall be made, and all the
Costs and Charges attending such Distress, shall be sooner paid,
rendering the Overplus, if any, on Demand, to the said

• And you are hereby commanded to certify
to me the said Justice [or Magistrate] what you shall do by
virtue of this Warrant

Given under my Hand and Seal at this

Day of in the Y^ar of our Lord One thousand

eight hundred and

3 K 3

880 Cap. i 10. Loan SocietiA. 3&4Vicr.

(D.)

Form of Bond.

Know all Men by these Presents, That we, A.B» of
Treasurer [as the Case may be"] of the Society, estab-

lished at in the County of and CD.

of and G.H of (as Sureties on behalf of the

said A.B.)y are jointly and severally held and firmly bound to
E.F. and G.jE/1, Trustees of the Loan Society, in the

Sum of to be paid to the said E.F. and G.II. as such

Trustees, or their Successors, Trustees of the said Loan Society
for the Time being, or their certain Attorney ; for which Pay-
ment, well and truly to be made, we jointly and severally bind
ourselves, and each of us by himself, our and each of our
Heirs, Executors, and Administrators, firmly by these Presents,
sealed with our Seals. Dated the Day of

in the Year of our Lord

Whereas the above-bounden A.B. hath been duly appointed
Treasurer [or as the Case may be"] of the Loan Society,

established as aforesaid, and he, together with'the above-bounden
CD. and G.H,, as his Sureties, haye entered into the above-
written Bond, subject to the Condition herein-after contslined :
Now therefore the Condition of the above-written Bond is such,
that if the said A.B. shall and do justly and faithfully execute
his Office of Treasurer [or as the Case may be"] of the said Society
established as aforesaid, and shall and do render a just and true
Account of all Monies received and paid by him, and shall and
do pay over all the Monies remaining in his Hands, and assign
and transfer or deliver all Securities and Effects, Books, Papers,
and Property of or belonging to the said Society, iti his Hands
or Custody, to such Person or Persons as the said Society shall
appoint, according to the Rules of the said Society, together
with the proper or legal Receipts or Vouchers for such Pay-
ments, and likewise shall and do in all respects well and truly
and faithfully perform and fulfil his Office of Treasurer [or
as the Case may be"] to the said Society, according to the
Rules thereof then the above-written Bond shall be void and
of no Effect, otherwise shall be and remain in full Force and
Virtue.

1840.

Loan Societies.

Cap.llO, III.

881

(E.)

No. of
Scheme.

Amount of
Weekly Instalment

Day on or afVer which
the First Instalment is
payable, reckoning the
Day after the Loan as
the First.

Sum which may be

taken by way of Interest

at the Time of

advancing the Loan.

1.

Two Shillings per Five

Eleventh . - •

Six Shillings per Five

Pounds.

Pounds.

2.

Sixpence per Pound

Sixteenth

Twelve-pence per Pound.

3.

Eight-pence per Pound

Twenty-first - - -

Ten-pence per Pound.

4.

Four Shillings per Five

Thirty-eighth -

Four Shillings per Five

Pounds.

Pounds.

5.

Ten -pence per Pound •

Twenty-first

Eight-pence per Pound.

6.

One Shilling per Pound -

Thirty.fiflh -

Eight-pence per Pound.

7.

Two Shillings per Pound -

Seventieth . - .

Eight-pence per Pound*

8.

Two Shillings and Sixpence
per Pound*

Seventy-seventh -

Eight-pence per Pound.

9.

Four Shillings per Pound -

Sixty-second

Sixpence per Pound.

10.

Five Shilb'ngs per Pound -

Sixty-sixth

Sixpence per Pound.

11.

Ten Shillings per Pound -

Seventy third

Sixpence per Pound.

IS.

Twenty Shillings per Pound

Seventy sixth

Sixpence per Pound.

In these Schemes all Instalments afWr the first are to be paid weekly.

Other Schemes may be formed from these by advancing or postponing the Day of Payment of the
first Instalment, provided that the first Payment is not made sooner than the Eleventh Day, and that
not more than One Penny per Pound is added to tlie Interest for every Thirteen Days of such Post-
ponement, or that not less than One Penny per Pound is taken oflf the Interest for every Thirteen
Days of such Advance.

Thus : Scheme 6. may be altered by making the first Instalment payable on the Twenty-second
Day after the Loan, and taking Seven-pence per Pound for Interest, and so of the rest.

ry/ v^ V,

CAP. CXI.

An Act to continue until the Thirty-first Day oi August
One thousand eight hundred and forty-two, and to
extend, the Provisions of an Act of the First and
Second Years of Her present Majesty, relating to
Legal Proceedings by certain Joint Stock Bankinj
Companies against their own Members, and by sue!
Members against the Companies.

[11th August 1840.] ,

Yl^ HERE AS an Act was passed in the First and Second

Years of the Reign of Her present Majesty, intituled An i & 2Vict. c. 96.
Act to extend, until the End of the next Session of Parliament, the
Law relative to Legal Proceedings by certain Joint Stock Banking
Companies against their own Members, and by such Members
against the Companies : And wheceas the said Act has been
continued until the Thirty-first Day of August One thousand
eight hundred and forty by an Act passed in the last Session
of Parliament, and it is expedient that the same should be
further continued :' Be it therefore enacted by the Queen's

3 K 4 most

c

€
€

. 882 Cap. 111,1 12. Joint Stock Banking Companies. 3 & 4 Vict.

most Excellent Majesty, by and with the Advice and Consent

of the Lords Spiritual and Temporal, and Commons, in this

present Parliament assembled, and by the Authority of the

Recited Apt same. That the said first-recited Act shall be further continued

conauued. until the Thirty-first Day of August One thousand eight hundred

and forty-two.
Punishing 11. * And whereas it is expedient to extend the Provisions of

Members of < the said Act hereby continued in manner herein-after stated;'
iMinies embez-" ^^ ^^ enacted, That if any Person or Persons, being a Member
sling Note»,&<;. or Members of any Banking Copartnership within the Meaning

of the said Act, or of any other Banking Copartnership
consisting of more than Six Persons, formed under or in pur-
suance of an Act passed in the Third and Fourth Years of die
a^4W.4.c.98. Reign of King William the Fourth, intituled An Act for giving

to the Corporation of the Governor and Company of the Bank of
England certain Privileges for a limited Period^ under certain
Conditions^ shall steal or endbezzle any Money, Goods, Effects,
Bills, Notes, Securities, or other Property of or belonging to
any such Copartnership, or shall coipmit any Fraud, Forgery,
Crime, or Offence against or with Intent to injure or defraud
any such Copartnership, such Member or Members shall be
liable to Indictment, Information, Prosecution, or other Pro-
ceeding in the Name of any of the OiBcers for the Time being
of any such Copartnership, in whose Name any Action or Suit
might be lawfully brought against d.ny Member or Members of
any such Copartnership for every such Fraud, Forgery, Crime,
or OiTence, and may thereupon be lawfully convicted, as if
such Person or Persons had not been or was or were not a
Member or Members of such Copartnership; any Law, Usage,
or Custom to the contrary notwithstanding.

CAP. CXII.

An Act to apply a Sum out of the Consolidated Fund
to the Service of the Year One thousand eight hun-
dred and forty, and to appropriate the Supplies
granted in this Session of Parliament.

[11th August 1840.]

* Most Gracious Sovereign,

* Tl/'E, Your Majesty's most dutiful and loyal Subjects, the

* Commons of the United Kingdom of Great Britain and

* Ireland^ in Parliament assembled, towards making good the

* Supply which we have cheerfully granted to Your Majesty in

* this Session of Parliament, have resolved to grapt unto Your
Majesty the Sum herein-after mentioned ;' and do therefore
most humbly beseech Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Common^, in this present Parliament assembled,

^ and

1840. Qmsolidated Fund and Jpprapriatunu Cap. 113. 883

and by the Authority of the same. That there shall and may "niere rfiaU be
be issued and appli^ for or towards making good the Supply ^^^^^^^
granted to Her Majesty for the Service of the Year One thou- Year i84o,
sand eight hundred and forty, the Sum of Six millions four 6,482,500/. out
hundred eighty-two thousand five hundred Pounds out of the 2dai«i Fund!
Consolidated Fund of the United Kingdom of Great Britain
and Ireland, and the Commissionei*s of Her Majesty's Treasury
of the United Kingdom of Great Britain and Ireland, or any
Three or more of them, or the Lord High Treasurer of the
United Kingdom of Great Britain and Ireland for the Time
being, are or is hereby authorized and empowered to issue and
apply the same accordingly.

II. And be it enacted, That it shall and may be lawful for The Treasury
the said Commissioners of Her Majesty's Treasury, or any ^^^^ ^
Three or more of them, from Time to Time, by Warrant under Exchequer
their Hands, to cause or direct any Number of Exchequer Bills Bills to be made
to be made out at the Receipt of Her Majesty's Exchequer at *>»* '".?*5*k*'
Westminster for any Sum or Sums of Money not exceeding in ^s G. s. c. i.
the whole the Sum of Six millions four hundred eighty-two
thousand five hundred Pounds ; and such Exchequer Bills shall
be made out in the same or like Manner, Form, and Order,
and according to the same or like Rules and Directions, as are
directed and prescribed in and by an Act passed in the Forty-
eighth Year of the Reign of His Majesty King George tlie Third,
intituled An Act for regulating the issuing and paying off of Exche-
quer Bills.

IIL And be it enacted. That all and every the Clauses, The ciauwi,
Provisoes, Powers, Privileges, Advantages, Penalties, Forfeitures, ^' '" r**Jf*J
and Disabilities contained in the said recited Act passed in the to^u^Act.
Forty-eighth Year of the Reign of His said Majesty shall be
applied and extended to the Exchequer Bills to be made out
in pursuance of this Act, as fully and effectually, to all Intents
and Purposes, as if the said several Clauses, Provisoes, Powers,
Privileges, Advantages, Penalties, Forfeitures, and Disabilities
had been particularly repeated and re-enacted in the Body of
this Act.

IV. And be it enacted. That the Exchequer Bills to be made Interest on
out in pursuance of this Act shall and may bear an Interest not gjj^*^"*'
exceeding the Rate of Three-pence Halfpenny per Centum per

Diem upon or in respect of the whole of the Monies respectively
contained therein.

V. And be it declared and enacted, Tliat it shall and may be Bank of
lawful for the Governor and Company of the Bank of England, England may
and they are hereby empowered, to take, accept, and receive ^ Is^sooL on
the Exchequer Bills authorized to be made out in pursuance the Credit of
of this Act, and to advance or lend to Her Majesty, at the this Act, not-
Receipt of the Exchequer at Westminster, upon the Credit of the JJ^ ^^ ^^
Sum granted by this Act out of the Consolidated Fund of the c. so.
United Kingdom of Great Britain Siud Ireland, any Sum or Sums

of Money not exceeding in the whole the Sum of Six millions four
hundred eighty-two thousand five hundred Pounds, any thing in
an Act passed in the Fifth and Sixth Years of the Reign of

King

884 Cap. 1 1 2. CoTisolidated Fwnd and Apprapriaium* 3 & 4 Vict*

King William and Queen Mary^ intituled An Act for granting to
Their Majesties several Rates and Duties upon tiie Tannage of
Ships and Vessels^ and upon Beery Akj and other Liquors ; and far
securing certain Recompences and Advantages in the said Act men^
tioned to suck Persons as shall voluntarily advance the Sum of One
million five hundred thousand Pounds towards carrying on the War
against France, or in any other Act or Acts to the contrary
notwithstanding.
Bills prepared VI. And be it enacted. That it shall be lawful for the said
A^tto1^*d 1?** Commissioners of Her Majesty's Treasury and they are hereby
vered to the authorized and empowered to cause such Bills as shall be '
Bank as Seen- prepared by virtue of this Act to be delivered from Time to
"^7 ^^' ^^^ Time to the Governor and Company of the Bank of England^

Advances. . i r» • i t> i t o • •

m such Jrroportions as the rublic iService may require, as

Security for any Advance or Advances which may be made

to Her Majesty by the said Governor and Company of the Bank

of England under the Authority of this Act.

Monies raised VII. And be it enacted, That it shall be lawful for the said

BiU r^be"*''^ Commissioners of Her Majesty's Treasury to issue and apply

applied to Ser- ^^om Time to Time all such Sums of Money as shall be raised

vices voted by by Exchequer Bills to be made out in pursuance of this Act to

the Commons, g^^jj Services as shall then have been voted by the Commons

of the United Kingdom of Great Britain and Ireland in this
present Session of Parliament.
Exchequer Bills VIII. And be it enacted, That the Principal Sum or Sums
rli^the'^w.* ^^ Money to be contained in all such Exchequer Bills to be
ing Produce of made forth by virtue of this Act, together with the Interest that
the Consoii- may become due thereon, shall be and the same are hereby
dated Fund. made chargeable and charged upon the growing Produce of the

Consolidated Fund of the United Kingdom of Great Britain and
Ireland in the next succeeding Quarter to that in which the said
Exchequer Bills have been issued ; and it shall be lawful for the
said Commissioners of Her Majesty's Treasury for the Time
being, or any Three or more of them, and they are hereby
authorized from Time to Time, by Warrant under their Hands,
to direct the Comptroller General of the Receipt of the Exche-
quer at Westminster^ in such Manner as they shall think neces-
sary, to grant a Credit on the Exchequer Funds in the Bank
of England unto such Person or Pei^ons as shall be named in
the said Warrant, which Credit shall be chargeable on and paid
out of the growing Produce of the said Consolidated Fund of
the next succeeding Quarter to that in which the said Exchequer
Bills have been issued, for any Sum or Sums of Money not
exceeding in the whole a Sum sufficient to discharge and pay
off the Principal Sum or Sums of Money contained in such
Exchequer Bills then outstanding, and which may have been
made out and issued by virtue of this Act, together with all
such Interest as may be due thereupon..
Monicscoming IX. And be it enacted, That all the Monies coming into the
into the Exche- Exchequer of Great Britain by an Act passed in the present
s'&'i VicLc.4.- Session of Parliament, intituled An Act to apply the Sum of Two

Millions to the Service of the Year One thousqnd eight hundred and

forty ;

1840. Consolidated Fund and Aj^ropriaiioru Cap. 112. Bd5

forty ; ami all the Monies coming into the said Exchequer by and by
one other Act passed in the present Session of Parliament, s & 4 Vkt. c. 7.;
intituled An Act to apply the Sum of Eight Millions out of the
Consolidated Fund to the Service of the Year One tliousand eight
hitndred and forty ; and also the Sum of Eleven Millions granted 11,000,000?. by
by one other Act passed in the present Session of Parliament, gfi^^"®'
intituled An Ad for raising the Sum of Eleven MilUons by Exche* 3&4Vict.ci2.;
quer BiUs fir the Service of the Year One thousand eiglit hundred
andfirty ; and also all the Monies to be raised by Exchequer Monies coming
Bills, not exceeding Three Millions, by virtue of one other ^^471(^0 23
Act passed in the present Session of Parliament, intituled An
Act for granting to Her Majesty until the Fifth Day of July One
thousand eight hundred and forty-one certain Duties on Sugar
imported into the United Kingdom^ for the Service of the Year One
thousand eight hundred and forty ; and also the Sum of Ten 1 0,751, 550?. by
millions seven hundred fifty-one thousand five hundred and fifty gfi^^**^*^
Pounds granted by one other Act passed in the present Session s & 4 vict.
of Parliament, intituled An Act for raising the Sum of Ten c.ioe,;
millions seven hundred Jifty^one thousand five hundred and fifty
Pounds by Exc/iequer Bills^ fir the Service of the Year One ihoU"
sand eight hundred and firty ; and also the Sum of Six million and 6,4S2,500?.
four hundred eighty-two thousand five hundred Pounds by ^{fjl^^**
this Act granted, shall be appropriated, and are hereby ap- pUedasb^re-
propriated, and shall be issued and applied for and towards the after expressed,
several Uses and Purposes hereafter expressed.

X. And it is hereby also enacted. That out of all or any There shall
the Aids or Supplies aforesaid there shall and may be issued ^^yP^^,
and applied any Sum or Sums of Money not exceeding Five for Naval
millions eight hundred twenty-four thousand and seventy-four Services ; viz.
Pounds, for and towards the Naval Services herein-after more
particularly mentioned; (that is to say,) any Sum or Sums of 1,142,504/. for
Money not exceeding One million one hundred forty-two thou- s^Sn^wfd^^^
sand five hundred and four Pounds, to defray the Charge of Marines, &c.;
Wages to Thirty-five thousand one hundred and sixty-five
Seamen and Marines, and to the Ordinai*y and Yard Craft,
which will come in course of Payment during the Year ending
on the Thirty-first Day of March One thousand eight hundred
and forty-one ; and any Sum or Sums of Money not exceeding 602,6io/. for
Six hundred "and two thousand six hundred and ten Pounds, .^'J?^ ^\
to defray the Charge of Victuals to Seamen and Marines in '" ^ *^'
Her Majesty's Fleet and the Ordinary and Yard Craft, to the
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding One 122,0962. for
hundred twenty-two thousand and ninety-six Pounds, to defray ^**j[^^ °^
the Salaries of the Officers and the contingent Expences of the office; ^
Admiralty Office, to the Thirty-first Day of March One thousand
eight hundred and forty -one; and any Sum or Sums of Money 2,98oi for
not exceeding Two thousand nine hundred and eighty Pounds, ^^fig'^^f ^*
to defray the Salaries of the Officers and the contingent Ex- Seamcn, &c;
pences of the Office for the Registry of Merchant Seamen, to
tiie Thirty-first Day of March One thousand eight hundred and
forty-one; and any Sum or Sums of Money not exceeding

Twenty-

886

27,4332. for the
Navy Scientific
Departments ;

123,2362. for
Kaval Estab-
lishmenti at
home;

21,0102: for
Naval Estab-
lishments
abroad;

528,7232. for
Wages of Arti»
ficersy &c. at
home;

28,3302. for
Wages of Arti*
ficers, &c.
abroad;

1,038,6662. for
Naval Stores,
&c. ;

193,1742. for
new Works ia
Yards;

11,6691 for
Medicines, &c. |

110,1302. for
Naval Miscel*
laneous Ser-

vices:

758,6572. for
Naval Half
Pay;

512,355/. for
MUitary Pen-
sions;

Cap. 112. CanioUdated Fund cmd Appropriatim. 3&4Vicr.

Twenty-seven thousand four hundred and thirty-three Pounds,
to defray the Salaries of the Officers and the contingent Ex-
pences of the several Scientific Departments of the Navy, to
the Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding One
hundred twenty-two thousand two hundred and thirty-six
Pounds, to defray the Salaries of the Officers and the contingent
Expences of Her Majesty's Naval Establishments at home^ to
the Thirty-first Day of March One thousand eight hundred and
forty-one; and any Sum or Suras of Money not exceeding
Twenty-one thousand and ten Pounds, to defray the Salaries of
the Officers and the contingent Expences of Her Majesty's
Naval Establishments abroad, to the Thirty-first Day of Mcaxh
One thousand eight hundred and forty-one ; and any Sum or
Sums of Money not exceeding Five hundred twenty-eight thou-
sand seven hundred and twenty-three Pounds, to pay the Wages
of Artificers, Labourers, and others employed in Her Majesty's
Naval Establishments at home, to the Thirty-first Day oi March
One thousand eight hundred and forty-one ; and any Sum or
Sums of Money not exceeding Twenty-eight thousand three
hundred and thirty Pounds, to pay the Wages of Artificers,
Labourers, and others employed in Her Majesty's Naval Estab-
lishments abroad, to the Thirty-first Day of March One thou-
sand eight hundred and forty-one; and^any Sum or Sums of
Money not exceeding One million thirty-e^ht thousand six
hundred and sixty-six Pounds, to defray the Expence of Naval
Stores for the Building, Repair, and Outfit of the Fleet, the
Purchase of Steam Machinery, and for other Purposes con-
nected therewith, to the Thirty-first Day of March One tliou-
sand eight hundred and forty-one; and any Sum or Sums of
Money not exceeding One hundred ninety-three thousand one
hundred and seventy-four Pounds, to defray the Charge of new
Works, Improvements, and Repairs in the Naval Yards, to the
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding
Seventeen thousand six hundred and sixty-nine Pounds, to
defray the Charge of Medicines and Medical Stores, to the
Thirty*first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding One
hundred and ten thousand one hundred and thirty Pounds, to
defray the Charge of divers Naval Miscellaneous Services, to
the Thirty-first Day of March One thousand eight hundred
and forty-one ; and any Sum or Sums of Money not exceeding
Seven hundred fift}'-eight thousand six hundred and fifty-seven
Pounds, to defray the Charge of Half Pay to Officers of the
Navy and Royal Marines, which will come in course of Payment
during the Year ending on the Thirty-first Day of March One
thousand eight hundred and forty-one ; and any Sum or Sums
of Money not exceeding Five hundred twelve thousand three
hundred and fifty-five Pounds, to defray the Charge of Military
Pensions and Allowances which will come in course of Payment
during the Year endbg on the lliirty-first Day of March One

thousand

1840. C(msolidated I^id and Appropriation. Cap. 112. 887

thousand eight hundred and forty-one; and any Sum or Sums 187,86S2. for
of Money not exce^ing One hundred eighty-seven thousand ^*^ PeiwioM ;
two hundred and sixty-three Pounds, to defray the Charge of
Civil Pensions and Allowances, which will come in course of
Payment during the Year ending on the Thirty-first Day of
March One thousand eight hundred and forty-one ; and any I74,S74/. to
Sum or Sums of Money not exceeding One hundred seventy- ^^^y **>•
four thousand three hundred and seventy-four Pounds, to pay Traii»port8,&c.
the Freight of Ships and Transports, and other Charges for
the Victualling and Conveyance of Troops and Stores on account
of the Army and Ordnance Departments, which will come in
course of Payment during the Year ending on the Thirty-first
Day of March One thousand eight hundred and forty-one ; and 68,8412. for
any Sum or Sums of Money not exceeding Sixty-eight thousand S^SSto
eight hundred and forty-one Pounds, to defn^ the Expence of n,s. WaU»:
conveying Convicts to New South Wales and VanDiemeris Land^
which will come in course of Payment during the Year ending
on the Thirty- first Day of Mardi One thousand eight hundred
and forty-one ; and any Sum or Sums of Money not exceeding ioi,7482. for
One hundred and one thousand seven hundred and forty-eight ]J5?^'2 sT^
Pounds, to defray the Charge of Wages for Two thousand addi- men and In- "
tional Men for Her Majesty's Fleet, for Ten Months, to the crewe of Pay
Thirty-first Day of March One thousand eight hundred and *** Offlcept;
ibrty-one, and for the Increase of Pay to Naval Officers, and to
Marine Officers on shore, as recommended by the Naval and
Military Commission, for Nine Months, to the Thirty-first Day
of March One thousand eight hundred and forty-one ; and any 34,is5/. for
Sum or Sums of Money not exceeding Thirty-four thousand ^^^jjl^?*
one hundred and twenty-five Pounds, for the Purchase of Pro- stom, i^;
visions and Victualling Stores, including Freight and other
Charges, for Her Majesty's Fleet, for Ten Months, to the
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding s,750/. for
Three thousand seven hundred and fifty Pounds, for the Pur- F«ra»ture, &e.
chase of Furniture, §t. for the Use of Commanding Officers of ^ »«««;
Her Majest}''s Ships on their Outfit, as recommended by the
Naval and Military Commission, for Nine Months, to the Thirty-
first Day of March One thousand eight hundred and forty-
one; and any Sum or Sums of Money not exceeding One hun- ii82. for addi-
dred and eighteen Pounds for the Purchase of Medicines and ^^ji?**^****
Medical Stores for Her Majesty's Fleet, for Ten Months, to '

the Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding 2i,600iL for
Twenty-one thousand six hundred Pounds, to defray the Ex- ^J^'^^J!^
pence of the accelerated Conveyance of the Mails, by Contract, ^riai
to and from Enghxnd and Alexandria^ for Seven Months, to the
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding s,682ii for In-
Three thousand six hundred and eighty-two Pounds, to defray <^'«*«* ^^ ^■^'^
the Expence of the Increase of Half Pay to Naval and Marine ^**^ *^*
Officers,* as recommended by the Naval and Military Commis- .

sion.

888

There shall
be applied
€,616,S53L
for Army
Senrices ; vii.

3,511,870/. for
Forces in U. K.
and Stations
abroad (except
the East Indies);

164,740/. for
General Staff
Officers, &c. ;

60,146/. for
Allowances to
Officers, &c.
of PubUc
Military
Departments ;

16,701/. for
Hoyal Military
Asylum, &c. ;

92,993/. for

Volunteer

Corps;

15,815/. for
Rewards for
distinguished
Military Ser-

vices;

Cap. 1 12. Consolidated Fund and Appropriation. 3 & 4 Vicr.

sion, for Nine Months, to the Thirty-ifirst Day of March One
thousand eight hundred and forty-one.

XL And it is hereby also enacted, That out of all or any
the Aids or Supplies aforesaid there shall and may be issued
and applied any Sum or Sums of Money not exceeding Six
millions six hundred sixteen thousand eight hundred and fifty-
three Pounds, for and towards the Army Services herein-after
more particularly mentioned; (that is to say,) any Sum or
Sums of Money not exceeding Three millions five hundred
eleven thousand eight hundred and seventy Pounds, to defray
the Charge of Her Majesty's Land Forces for Service in the
United Kingdom of Great Britain and Ireland and on Stations
abroad (excepting the Regiments employed in the Territorial
Possessions of the East India Company), from the First Day
of April One thousand eight hundred and forty to the Thirty-
first Day of March One thousand eight hundred and forty-one,
both Days inclusive; and any Sum or Sums of Money not ex-
ceeding One hundred sixty-four thousand seven hundred and
forty Pounds, for defraying the Charge of General Staff Offi-
cers and Officers of the Hospitals serving with Her Majesty's
Forces in the United Kingdom of Great Britain and Irelcmd Sind
on Foreign Stations (excepting India)^ and of Her Majesty's
Garrison of the Tower of LoTidon^ from the First Day of April
One thousand eight hundred and forty to the Thirty-first Day
of March One diousand eight hundred and forty-one^ both
Days inclusive ; and any Sum or Sums of Money not exceeding
Sixty thousand one hundred and forty-six Pounds, for defray-
ing the Charge of the Allowances to the principal Officers of
the several Public Military Departments in Great Britain^
their Deputies, Clerks, and contingent Expences, from the
First Day of April One thousand eight hundred and forty to
the Thirty-first Day of March One thousand eight hundred and
forty-one, both Days inclusive ; and any Sum or Suras of Money
not exceeding Sixteen thousand seven hundred and one Pounds,
for defiraying the Charge of the Royal Military Asylum and of
the HihemicQi Military School, from the First Day of April One
thousand eight hundred and forty to the Thirty-first Day of
March One thousand eight hundred and forty-one, both Days
inclusive; and any Sum or Sums of Money not exceeding
Ninety-two thousand nine hundred and ninety-three Pounds,
for defraying the Charge of Volunteer Corps, from the First
Day of April One thousand eight hundred and forty to the
Thirty-first Day of March One tliousand eight hundred and
forty-one^ both Days inclusive; and any Smn or Sums of
Money not exceeding Fifteen thousand eight hundred and
fifteen Pounds, for defraying the Charge of Allowances as
Rewards for distinguished Services, and of Allowances to Offi-
cers of Her Majesty's Garrisons holding their Appointments
as Rewards for Military Service in the United Kingdom of
Great Britain and Irekmd^ and on Foreign Stations, from the
First Day of April One thousand eight hundred and forty to
the Thirty-first Day of March One thousand eight hundred and

5 forty-

1 840. Consolidated Fund and Appropriation. Cap. 1 12. 889

forty-one, both Days inclusive ; and any Sum or Sums of 92,ooo/. for
Money not exceeding Ninety-two thousand Pounds, for defray- ^^" General
ing the Charge of the Pay of General Officers in Her Ma- '

jesty's Forces, not being Colonels of Regiments, from the First
Day of April One thousand eight hundred and forty to the
Thirty-first Day of March One thousand eight hundred and
forty-one, both Days inclusive ; and any Sum or Sums of Money 53,5001 for FuU
not exceeding Fifty-three thousand five hundred Pounds, for P^ *'<>«• Retired
defraying the Charge of Full Pay for Reduced and Retired '

Officers of Her Majesty's Forces, from the First Day of April
One thousand eight hundred and forty to the Thirty-first Day
of March One tliousand' eight hundred and forty-one, both
Days inclusive; and any Sum or Sums of Money not exceed- 505,50o/. for
ing Five hundred and five thousand five hundred Pounds, for 5*^-^f^^?'^
defraying the Charge of Half Pay and Military AUowamces to fjecrs-
Reduced and Retired Officers of Her Majesty's Land Forces,
from the First Day of April One thousand eight hundred and
forty to the Thirty-first Day of March One thousand eight hun-
dred and forty-one, both Days inclusive ; and any Sum or Sums 63,608/. for
of Money not exceeding Sixty-three tliousand dix hundred and to^Officereof
eight Pounds, for defraying the Charge of Half Pay and disbanded Fo-
Reduced Allowances to Officers of disbanded Foreign Corps, of re>gnCorps,&c.;
Pensions to wounded Foreign Officers, and of Allowances to
the Widows and Children of deceased Foreign Officers, from the
First Day of April One thousand eight hundred and forty to
the Thirty-first Day of March One thousand eight hundred
and forty-one, both Days inclusive; and any Sum or Sums of 142,984/. for
Money not exceeding One hundred forty-two thousand nine ^"J^^*/**
hundred and eighty-four Pounds, for defraying the Charge
of Pensions to be paid to the Widows of Officers of the Land
Forces, from the First Day of April One thousand eight hun-
dred and forty to the Thirty-first Day of March One thousand
eight hundred and forty-one, both Days inclusive; and any 127,300/. for
Sum or Sums of Money not exceeding One hundred twenty- Comjwssionate
seven thousand three hundred Pounds, for defraying the Charge ' * '
of Allowances on the Compassionate List, of Allowances as of
Her Majesty's Royal Bounty, and of Pensions, Gratuities, and
Allowances to Officers for Wounds, from the First Day of April
One thousand eight hundred and forty to the Thirty-first
Day of March One thousand eight hundred and forty-one,
both Days inclusive; and any Sum or Sums of Money not 1,274,639/. for
exceeding One million two hundred seventy-four thousand six S^!^JJ^
hundred and thirty-nine Pounds, for defraying the Charge of Hospitals, &c.;
Chelsea and Kilmainham Hospitals, of the In -Pensioners of
those Establishments, of the Out- Pensioners of Chelsea Hospital,
of Pensions granted to discharged Negro Soldiers, and of
Pensioners from Hanoverian Corps which served with the
British Array in One thousand seven hundred and ninety-
three, One thousand seven hundred and ninety-four, and One
thousand seven hundred and ninety-five, from the First Day of
April One thousand eight hundred and forty to the Thirty-
first Day of March One thousand eight hundred and forty-one,

" both

800

4S,O0OL for
Superanniuir-
tions in Public
Military De-
partments;

S06,948/. for

Comtnissariat

Department;

58,738/.. for
Half Pay and
Penaions of
Cominitwariat ;

28,000/. for
Naval and
Military Com*
minion:

171,371/. for
Disembodied
Mili^

There shall
bo issued
1,893,358/. for
Ordnance Ser-
vices; vix.

116,874/. for
the Ciyil Es-
tablishments at
the Tower,
Woolwich, &c. ;

106,930/. for the
Corps of Royal
Engineers^ &c, ;

354,073/: for
the Royal
Regiment of
Artillery, &c.

Cap. 1 12* Consolidated Fund and Appropriatunu 3 & 4 ViCT«

both Days inclusive ; and any Sum or Sums of Money not
exceeding Forty-two thousand Pounds, for defraying the
Charge of Allowances, Compensations, and Emoluments in the
Nature of Superannuation or Retired Allowances, to Persons
formerly belonging to the several Military Public Departments
in the United Kingdom of Great Britain and Ireland^ from the
First Day of Jpril One thousand eight hundred and forty to
the Thirty-first Day of March One thousand eight hundred
and forty-one, both Days inclusive; and any Sum or Sums of
Money not exceeding Two hundred and six thousand nine
hundred and forty-eight Pounds, to defray the Charge of the
Commissariat Department, to the Thirty-first Day oi March One
thousand eight hundred and forty-one ; and any Sum or Sums
of Money not exceeding Fifty-two thousand seven hundred
and thirty-eight Pounds, to defray the Charge of Half Pay,
Pensions, and Allowances in the Commissariat Department, to
the Thirty-first Day of March One tliousand eight hundred
and forty-one ; and any Sum or Sums of Money not exceeding
Twenty-two thousand Pounds, to defray the Charge which will
probably be incurred in carrying into effect the Recommenda-
tions of the Commission of Naval and Military Inquiry, appli-
cable to the Officers of Her Majesty's Land Forces, from the
First Day o{July One thousand eight hundred and forty to the
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding One
hundred seventy-one thousand three hundred and seventj'-one
J^ounds, to demiy the Charge of the Disembodied Militia of
Great Britain and Ireland^ to the Thirty-first Day oi March One
thousand eight hundred and forty-one.

Xn. And it is hereby also enacted, That out of all or any
the Aids or Supplies aforesaid there shall and may be issued
and applied any Sum or Sums of Money not exceeding One
million eight hundred ninety-three thousand three hundred and
fifty-eight Pounds, for and towards the Ordnance Services
herein-after more particularly mentioned ; (that is to say,) any
Sum or Sums of Money not exceeding One hundred sixteen
thousand eight hundred and seventy-four Pounds, for defraying
the Salaries of the Civil Establishmentsof the Office of Ordnance
at the Tmoer and Pall Molly at Woolunchy the Out Stations in
the United Kingdom, and at the Foreign Stations, for the
Year One thousand eight hundred and forty — forty-one; and
any Sum or Sums of Money not exceeding One hundred and six
thousand nine hundred and thirty Pounds, for defraying the
Expence of the Corps of Royal Engineers and Sappers and
Miners, for the Year One thousand eight hundred and forty—
forty-one; and any Sum or Sums of Money not exceeding
Three hundred fifty-four thousand and seventy-three Pounds,
for defraying the Expence of the Royal Regiment of Artillery,
the Royal Horse Artillery, the Master Gunners, the Field
Train, the Medical Department, and the Royal Military
Academy at JVooltcicIiy for the Year One thousand eight hundred
and forty — forty-one; and any Sum or Sums of Money not

exceeding

1 840* Consolidated Fund arid Appropriation. Cap. 112. @9 L

•

exceeding Thirty-seven tlioosand seven hundred and fourteen 37,7 i4Z. for
Pounds, for defraying the Salaries to Barrack Masters in the ^JJ^*^
United Kingdom and the Colonies, for the Year One thousand Masters;
eight hundred and forty — forty-one; and any Sum or Sums of 437,711/. for
Money not exceeding Four hundred thirty-seven thousand seven Ordnance
hundred and eleven Pounds, for defraying the Charge of Ord- ^'^ ' '
nance Works and Repairs, Storekeepers Expenditure, Building
and Repair of Barracks, Barrack Masters Expenditure, Pay of
Clerks of Works, 8fc. in the United Kingdom and the Colonies,
for the Year One thousand eight hundred and forty — forty-one,
after deducting Eighty-six thousand and forty*two Pounds for
Credits by Sale of Lands and Premises, Sale of old Stores,
and Rents of Canteens; and any Sum or Sums of Money 180,415/. far
not exceeding One hundred eighty thousand four hundred arid ^Jf*^*"**
fifteen Pounds, for defraying the Charge of the Military and gencies ; ' ***"
Civil Contingencies, also of the Surveys of the United King-
dom, and of that Portion of the Army Exti*aordinaries trans-
ferred to the Ordnance by Treasury Minute, for the Year One
thousand eight hundred and forty — forty-one ; and any Sum 207,000/. for
or Sums of Money not exceeding Two hundred and seven MmtEuT^tore
thousand Pounds, for defraying the Charge for Stores on ac- Branch Ser-
count of Ordnance and Military Store Branch Services, for the ^'«^i
Year One thousand eight hundred and forty — forty-one; and 158,647/. for
any Sum or Sums of Money not exceeding One hundred fifty- gj^'^^u^-
eight thousand six hundred and forty-seven Pounds, for defray- tions. Retired
ing the Charge of the Office of Ordnance, on account of the Allowances,
Allowance to Superannuated, Retired, and Half Pay Officers, Pe"«*>"»'*<'-;
Pensions for good Services, Inventions, and Wounds, for Pen-
sions to Widows and Children of deceased Officers late belong-
ing to the several Ordnance Military Corps, also Allowances,
Compensations, and Emoluments in the Nature of Superan-
nuated or Retired Allowances to Persons late belonging to the
Office of Ordnance and the Barrack Department in respect of
their having held any Public Offices or Employments of a Civil
Nature, and also for the Charge of Widows Pensions, for the
Year One thousand eight hundred and forty — forty-one ; and 285,6S6/. for
any Sum or Sums of Money not exceeding Two hundred eighty- ^^jj^"'
five thousand six hundred and thirty-«ix Pounds, for defraying
the Charge of the Commissariat Supplies in the United Kingdom
and the Colonies, for the Year One tliousand eight hupdred and
forty — ^forty-one ; and any Sum or Sums of Money not exceeding 4,78iiL for
Four thousand seven hundred and eighty-one Pounds^ towards F^^S^T' ^
improving the Defences at Gibraltar, and for the Erection of Fives Courts in
Ball and Fives Courts in certain Barracks in Great Britain^ for Great Britain:
the Year One thousand eight hundred and forty — forty-one;
and any Sum or Sums of Money not exceeding Four hundred 430{. for
and thirty Pounds, for defraying the Elxpences of the Formation Libraries and
of Libraries and Regimental and Female Schools for the Ord- Female School.;
nance Military Corps, for the Year One thousand eight hundred g j^^^ ^^
and forty — forty-one; and any Sum or Sums of Money not Expencesoon-
exceeding Three thousand one hundred and forty-seven Pounds, sequent upon
towards defraying the additional Expences consequent upon j^JS,^ co„.
[No. 57. Price 2rf.] 3 L the misnon.

698 Cap. 112. Cmuo&daied Furd tmd jfypriyniati^ 3&4Vict.

die Naval and Military Commiasion applicable to Her Majes^s

Royal Regiment of Artillery and the Royal Engineers, from die

First Day of July One thousand eight hundred and forty to the

Thirty-first Day of March One thousand eight hundred and

forty-one.

There shall XIIL And it is hereby also enacted, That out of all or any

be issued the Aids or Supplies aforesaid there shall and may be issued

my^off^Ex- ^ *"^ applied any Sum or Sums of Money not exceeding Twenty

chequer Bills millions nine hundred fifty-one thousand five hundred and fifty

charged on the Pounds, to pay off and discharge any Exchequer Bills charged

Aids of 1840. ^^ ^Y^^ ^; jg ^^ Supplies of the Year One thousand eight hundred

and forty now remaining unpaid and unprovided for.
Th6re shall ' XIV. And it IS hereby also enacted. That out of all or any
be issued the Aids or Supplies aforesaid there shall and may be issued

towifj *"^ applied any Smn or Sums of Money not exceeding Three

hundred fifty-four thousand seven hundred and forty»six Pounds,

to defray the Expences of the Services in the CanadoB conse-

173,4422. far qucut upon the late Insurrection in those Provinces; and any

Expedition to Sum q^ Sums of Money not exceeding One hundred seventy-

'"^ three thousand four hundred and forty-two Pounds, towai'ds

defraying the Expences of the Expedition to China.

There shall XV. And it is hereby also enacted, That out of all or any

^^^ the Aids or Supplies aforesaid there shall and maybe issued

%ahaMiJand»i ^"^ applied any Sum or Sums of Money not exceeding Three

thousand five hundred and twenty Pounds, to defray the Chaise

of the Civil Establishment of the Bahama Islands^ and of the

Lighthouses there, to the Thirty-first Day of March One thou-

4,0492. for Btr- sand eight hundred and forty-one ; and any Sum or Sums oC

muOa itkuidMi Money not exceeding Four thousand and forty-nine Pounds,

to defray the Charge of the Civil Establishment of the Ber^

mtidasj to the T-hirty-first Day of March One thousand eight

3,070/. for hundred and forty-one ; and any Sum or Sums of Money not

p^ueEdward'i exceeding Three thousand and seventy Pounds, to defray the

Charge of the Civ^ fistablishment of Prince Edward^s Island, to

the Ihirty-first Day oi March One thousand eight hundred and

lassoiL for forty-one; and any Sum or Sums of Money not exceeding Ten

WuumAfiieas thousand three hundred and eighty Pounds, to defray the

Charge of the Civil Establishments on the Western Coast of

Africa^ to the Thirty-first Day of March One thousand eight

7,0992. for Wu' hundred and forty-one ; and any Sum or Sums of Money not

umAuttraiiai exceeding Seven thousand and ninety-nine Pounds to defi'ay

the Expence of the Settlement of 'Western AustraUa^ to the

Thir^-first Day of March One thousand eight hundred and

ii,79or.for forty-one; and any Sum or Sums of Money not exceeding

yi^a^H^^'^ Eleven thousand seven hundred and ninety Pounds, to defray

Provinces; the Charge of tiie Ik:clesiastical Establishment of the British

North American Provinces, to the Thirty-first Day of March One
18,895/. for thousand eight hundred and forty-one ; and any Sum or Sums
m^t^^S^^Stf ^^ Money not exceeding Eighteen thousand eight hundred

and ninety-five Pounds, to defray the Charge ot the Indian
Department in Canada, to the Thirty-first Day of MarA One
thousand eight hundred and forty«>one ; and any Sum or Sums

of

ISiO. CmtsoUdaiei Fund and Approprhti^ Cap. 1 12. 898

of Money not exceeding Twenty-three thonadnd two huodreid 23f265/. for
and sixty-five Founds, to defray the Charge of the Salaries of cdbnie •**
the Governors, Lieutenant Governors, and others in Her Ma*
Jesty's We$t India Colonies, to the Thirty-first Day of March
One thousand eight hundred and forty 'One; and any Sum or 963/. for
Sums of Money not exceeding Nine hundred and sixty-three -He<vo^»«';
Pounds, to defray the Charge of the Civil Establishment of
Hdigokmdy to the Thirty-first Day of March One thousand eight
hundred and forty^ne; and any Sum or Sums of Money not 14.500/. for
exceeding Fourteen thousand five hundred Pounds, to defray Si.Hekua:
•the Charge of the Civi) Establishment at Saint Helena, and of
Pensions and Allowances to the Civil and Military Officers of
the JSaiT^ /n(2ta Company's late Establishments in that Island,
to tlie Thirty-first Day of Mardi One thousand eight hundred
and forty -*one; and any. Sum or Sums of Money not exceeding 3,900/. for
Three thousand nine hundred Pounds, to defray a Part of the ^"^ ^^•''"
Charge of the Ci%'il Government of Nova Scotia, to the Thirty-
first Day of March One thousand eight hundred and forty-one*

XVI. And it is hereby also enacted. That out of all or any There shall
the Aids or Supplies aforesaid there shall and may be issued ^ *'***!SL
and applied any Sum or Sums of Money not exceeding Two discharge s«i>
Millions, to discharge the like Amount of Supplies granted for pHesfor t8S9;
the Service of the Year One thousand eight luindred and thirty-
nine, or for any preceding Year; and any Sum or Sums of 130,000/. for
Money not exceeding One hundred and thirty thousand Pounds, Civfl Contia-
to defray the Ciiarge of Civil Contingencies, to the Thirty- ^*™'****
first Day of March One thousand eight hundred and forty-one;
and any Sum or Sums of Money not exceeding Eighty-eight 88,6Sd/. for
thousand six hundred and twenty-nine Pounds, to defray, to R«fMirsof
the Thirty-first Day of MircA One thousand eight hundred and f^^f^.
forty-one, the Expence of Works and Repairs of Public Build- nitureof PuUie
ings, and for Furniture, §*c., for various Public Departments, Office*;
and for certain Charges for lighting and watching, and for .
Rates and Taxes, also for the Maintenance and Kepaira of
Royal Palaces and Works in the Royal Gardens, heretofore
charged upon the Civil List ; and any Sum or Sums of Money 9,226/. fjr
not exceeding Nine thousand two hundred and twenty-six ^*P*!J5?**^.
Pounds to defray the Expence of Fittings at the Chapel yiZrim^^^
Koyal and otlier Parts of Saint James' Palace, and other. Ex- ' '

pences connected with Her Majesty's Marriage; and any Sum lo^ooo/. for
or Sums of Money not exceeding Ten thousand Pounds, to S^'Tj""^
defray the Expence of Works and Repairs at the Harbour of "

Kinffstawn, to the Thirty-first Day of March One thousand
eight hundred and forty-one ; and any Sum or Sums of Money 5,435/. for
not exceeding Five thousand four hundred and thirty-five ^f]^***^
Pounds, to defray the Expence of the Improvement of the ^ ^'*
Holyhead and Liverpool Koads, Holyhead Harbour, and for
Repairs to the Conway Bridge, to the Thirty-first Day of
March One tliousand eight hundred and forty-one; and any 25,250/. for nev
Sum or Sums of Money not exceeding Twenty-five thousand Buildings at tii 3
two hundred and fifty Pounds, to defray the Expence of ^"'w*^^"**-"*'
Works and Fittings at the new Buildings at die British Museum,

3 L 2 to

'894

18,593/. Ibrpro-
yiding tempo-
rary Accom-
modation for
Houses of
Pariiament;

90,000/. for
new Houaeaof
Parliament ;

20,000/. for
erecting a
Model Prison ;

2,800/. for the
Museum of
Economic
Geology;

70,OOOL for
Officer* of Par-
liament;

51.000/. for
Salaries, &c. at
the Treasury ;

19.900/. for
Salaries, &c. in
the Home De-
partment;

109,234/. for
Salaries, &c.
ID the Foreign
I>epartment;

24,000/. for
Salaries, &c
in the G>lonial
Department;

26,300/. for
Salaries, &c.
at the Priyy
Council, &C.;

2,423/. for
Salary of Lord
Privy Seal ;

34,000/. for
Office of the

Cap. 112. Consolidated Fund and Appropriation, 3 & 4 Vict.

to the Thirty-first Day of Marok One thousand eight hun-
dred and forty-one; and any Sum or Sums of Money not
exceeding Eighteen thousand five hundred and ninety-three
Pounds, to defray the Expence of providing temporary Ac-
commodation for tne Houses of Parliament, Committee Rooms,
Offices, and temporary official Residences for the Speaker of
the House of Commons, and other OflScers of that House, to
tlie Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding
Thirty thousand Pounds, to defray, to the Thirty-first Day of
March One thousand eight hundred and forty-one, the Expence
of the Works at the new Houses of Parliament ; and any Sum
or Sums of Money not exceeding Twenty thousand Pounds,
towards defraying, in the Year One thousand eight hundred
and forty, the Expence of erecting a Model Prison ; and any
Sum or Sums of Money not exceeding Two thousand eight
hundred Pounds, for the Expences of the Museum of Economic
Geology, to the Thirty-first Day of March One thousand eight
hundred and forty-one ; and any Sum or Sums of Money not
exceeding Seventy thousand Pounds, to defi:ay the Charge of
Salaries and Expences of the Two Houses of Parliament, and
of Allowances to retired Officers of the Two Houses, to the
Thirty-first Dsj o{ March One thousand eight hundred and
forty-one; and any Sum or Sums of Money not exceeding
Fifty-one thousand Pounds, to pay the Salaries, contingent and
other Expences of the Department of Her Majesty's Treasury,
to the Thirty-first Day of March One thousand eight hundred
and forty-one; and any Sum or Sums of Money not exceeding
Nineteen thousand three .hundred Pounds, to pay the Salaries
and Expences of the Office of Her Majesty's Secretary of State
for the Home Department, to the Thirty-first Day of Mardi
One thousand eight hundred and fortyK>ne ; and any Sum or
Sums of Money not exceeding One hundred and three thousand
two hundred and thirty-four Pounds, to pay the Salaries and
Expences in the Department of Her Majesty's Secretary of
State for Foreign Aftairs, and also of the Foreign Messengers
attached to the Department, to the Thirty-first Day of March
One thousand eight hundred and forty-one ; and any Sum or
Sums of Money not exceeding Twenty-four thousand Pounds,
to pay the Salaries and Expences in the Department of Her
Majesty's Secretary of State for the Colonies, to the Thirty-first
Day of March One thousand eight hundred and forty-one ; and
any Sum or Sums of Money not exceeding Twenty-six thousand
three hundred Pounds, to pay the Salaries and Elxpences in the
Department of Her Majesty's Most Honourable Privy Council
and Committee of Privy Council for Trade, to the Thirty-first
Day of March One thousand eight hundred and forty-one ; and
any Sum or Sums of Money not exceeding ^Two thousand four
hundred and twenty-three Pounds, to pay the Salary of the
Lord Privy Seal, to the Thirty-first Day of March One thousand
eight hundred and forty-one ; and any Sum or Sums of Money
not exceeding Thirty-four thousand Pounds, to defi:ay the

8 Charge

1840. Consolidated Fund and Appropriation. Cap. 1 12* SOd'

Charge of the Office of Her Majesty's Paymaster General, to Paymaster
the Thirty-first Day of March One thousand eight hundred ^''*^^»
and forty-one ; and any Sum or Sums of Money not exceeding i7,786/. for
Seventeen thousand seven hundred and eighty-six Pounds, to Comptroller
pay the Salaries and contingent Expences in the Departments 5^*^^, ?
of the Comptroller General of the Exchequer, the Paymasters
of Exchequer Bills, and the Paymaster of Civil Services, to
the Thirty-first Day oi March One thousand eight hundred and
forty-one j and any Sum or Sums of Money not exceeding Two 2,006/. for eer-
thousand and six Pounds, to defray the Charge of the Salaries Jf ^^wlSd
and Allowances granted to certain Professors in the Universities Cambridge s
of Oxford and Cambridgcy to the Thirty-first Day of March One
thousand eight hundred and forty-one; and any Sum or Sums 13,3^82. for
of Money not exceeding Thirteen thousand three hundred and i>^^co„rt.
fifty-eight Pounds, to aefiray the Charge of the Salaries of the
Commissioners of the Insolvent Debtors Court, of their Clerks,
and the contingent Expences of the Court and Office, to the
Thirty-first Day of March One thousand eight hundred and
forty-one, also of the Expences attendant upon the Circuit ; and i5,ooo£. for
any Sum or Sums of Money not exceeding Fifteen thousand J^^JJ^l^^*
Pounds, to defray the Expence of the General Penitentiary at
MUbanA, to the Thirty-first Day of March One thousand eight
hundred and forty-one; and any Sum or Sums of Money not 5,807i. for AirJU
exceeding Five thousand eight hundred and seven Pounds, to *««'?"«>«»;
defray the Expence of the Prison for Juvenile Ofienders at
Parhhwrst in the Isk of Wight^ to the Thirty-first Day of March
One thousand eight hundred and forty-one ; and any Sum or %»5\l State
Sums of Money not exceeding Two thousand three hundred I*«P«f O*^;
and fifty-one Pounds, to defray the Charge of the Salaries and
Expences of the State Paper Office, to the Thirty-first Day of
March One thousand eight hundred and forty-one ; and any Sum 3,oooe. for
or Sums of Money not exceeding Three thousand Pounds, to c^^J^dlSmieri
defray the Expences of the Ecclesiastical Commissioners for u>t EngUmd;
England^ to the Thirty-first Day of March One thousand eight
hundred and forty-one ; and any Sum or Sums of Money not 67,0002: for the
exceeding Sixty-seven thousand Pounds, to defray the Charge S^^|^^2L
of Salaries and Expences of the Commissioners for carrying into '

execution tlie Act for the Amendment of the Laws relating to
the Poor in England and Walesa and the Act for the Relief of
the destitute Poor in Ireland^ to the Thirty-first Day of March
One thousand eight hundred and forty-one; and any Sum or 15,000/. for
Sums of Money not exceeding Fifteen thousand Pounds, to Commissioner*
pay, to the Thirty-first Day of Mardi One thousand eight hun- theSUwTriil^-
dred and forty-one, the Salaries and incidental Expences of the
Commissioners appointed on the Part of Her Majesty, under
the Treaties with Foreign Powers, for preventing the illegal
Traffic in Slaves ; and any Sum or Sums of Money not ex- io5,83i/. for
ceeding One hundred and five thousand eight hundred and 5^*^°L .
thirty-one Pounds, to defray to the Thirty-first Day of March *

One thousand eight hundred and forty-one, the Charge of the
Salaries of Her Majesty's Consuls General, Consuls, and Vice
Consuls abroad, and of the Superintendents of Trade in Chinoj

3L 3 also

896 Cap. 1 12. Consolictated Fund and Appropriation. 3 & 4 Vict.

also of the contingent Expences connected with the public

Duties of such Consuls General, Consuls, and Vice Consuls,

9,ooor. for Sala- and Superintendents of Trade; and any Sum or Sums of

to*' f * ectcT^ Money not exceeding Nine thousand Pounds, to defray the

ry Bsp w, gjj^,.j^g ^j^j Expences of the Inspectors and Stiperintendents

of Factories, to the Thirty-first Day of March One thousaifd

^ 5,9(X>L for eight hundred and forty-one ; and any Sum or Sums of Money

I Salaries, &c. j^q|. exceeding Five thousand nine hundred Pounds, to defray

of Prisons; the Salaries and Expences of the Inspectors of Prisons, to the

Thirty-first Day of March One thousand eight hundred and
, 48,817^. for Uie forty-one; and any Sum or Sums of Money not exceeding

I Mint; Forty-eight thousand eight hundred and seventeen Pounds, to

i defray the Expenditure of the several Branches of the Mint,

! to the Thirty-first Day of March One thousand eight hundred

\ 9a95otforRe- and forty-one; and any Sum or Sums of Money not exceeding

to^Fubur"^ Ninety thousand nine hundred and fifty Pounds, to defray the
Officers; Charge of Allowances and Compensations to Persons formerly

employed in the Public Offices or Departments, or in the Pul>-

I lie Service, to the Thirty-first Day of March One thousand eight

8,ooor.for Towb- hundred and forty-one; and any Sum or Sums of Money not

^ wTEmi^'antl exceeding Eight thousand Pounds, to enable Her Majesty to

Jhuch Naval grant Relief, to the Thirty-first Day of March One thousand

Officers and eight hundred and forty-one, to Toulonese and Corgican Emi-

Suff^*^*^- S^^"^^' lyutch Naval Officefs, SairUDominffO Sufferersj American

' Loyalists, and others, who have heretofore received Allowances

from Her Majesty, and who, for Services performed or Losses

Sustained in the British Service, have special (claims on Her

I i.850tforthc Majesty's Justice and Liberality; and any Sum or Sums of

liJnn^f Money not exceeding One thousand eight hundred and fifty

Pounds, to defray the Expence of the National Vaccine Estab-
lishment in the Year One thousand eight hundred and forty ;
3,000/. Refuge and any Sum or Sums of Money not exceeding Three thou-
for Destitute ; ^^^ Pounds, towards the Support of the Institution called

the Refuge for the Destitute, for the Year One thousand eight

s,390/. for hundred and forty; and any Sum or Sums of Money not ex-

Lu"*i^- ceeding Three thousand three hundred and ninety Pounds,

' to defray the Expence of confining and maintaining Criminal

Lunatics in the Buildings attached to Bethlem Hospital^ to the

Thirty-first Day of March One thousand eight hundred and

4,100/. for Di». forty-onc ; and any Sum or Sums of Money not exceeding

tenj^r "**' ^ovLT thousand one hundred Pounds, to pay, to the Thirty-first

Frenck Refugee Day of March One thousand eight hundred and forty-one,

Clergy, &c.; the usual Allowances to Protestant Dissenting Ministers in

England, poor French Refugee Clergy, poor French Refugee

Laity, and sundry small charitable and other Allowances to

^9oof. for the Poor of Saint Martin's in the Fields and others ; and any

Secret Services; ^^^ ^^ Sums of Mouey Hot exceeding Thirty-nine thousand

nine hundred Pounds, to defray the Charge of Her Majesty's

Foreign and other Secret Services to the Thirty-first Day of

^wf n^ ^&c ^^''^^ ^^^ thousand eight hundred and forty-one ; and any

for Public' Del Sum or Sums of Money not exceeding Two hundred twenty*

partmentsand two thousand five hundred and twenty-nine Pounds, to defray

the

184a QmioUdated Fmd and Jfprcpriaiian. Cap. 112- 807

the Expence of providing Stationery, Printing, and Binding the Homefl of
fpr the several Departments of Government in England^ Scotland^ P"iiameiit,&c.
and Irebmdy and the Colonies, and for providing Stationery,
Binding, Printing, and Paper for Printing for the Two Houses
of Parliament, including the Expences of the Stationery Office,
to the Thirty-first Day of March One thousand eight hun-
dred and forty-one ; and any Sum or Sums of Money not s5,ooo£. for
exceeding Thirty-five thousand Pounds, to defray the Expence ^^ Chaigesj
of Law Charges, to the Thirty-first Day of March One thousand
^iglit hundred and forty-one ; and any Sunv of Sums of 7S»075f for
Money not exceeding Seventy-three thousand and seventy- ^^^^^
five Pounds to defray the £xpence of the Convict Hulk home and at
Establishment at home and at Bermuda^ to the Thirty-first Bermudas
Day of March One thousand eight hundred and forty-one;
and any Sum or Sums of Money not exceeding Two hundred 2S5,ooo/. New
and thirty-five thousand Pounds, to defray the Charge of main- South mdei^^i
Caining Cqnvicts at New South Wales and Van DiemerCs Land^
to the Thirty-first Day of March One thousand eight hundred
and forty-one ; and any Sum or Sums of Monpy not exceeding 25,000/. for
Twenty -five thousand Pounds, to defray Expences for the 5£!JJJ|^|^.
Support of captured Negroes and liberated Africans, under the
Acts for the Abolition of the Slave Trade, to the Thirty-first
Day of March One thousand eight hundred and forty-one ; and i»300Z. School
any Sum or Sums of Money not exceeding One thousand three ^,?rjf^'*
hundred Pounds, to defray the Expences of the School of Design ' *^*'

at Somerset House, to the Thirty-first Day of Marcli One thou-
sand eight hundred and forty-one ; and any Sum or Sums of suoooi. for Re-
Money not exceeding Thirty-one thousand Pounds, to pay, to J^effSwT"
the Thirty-first Day of March One thousand eight hundred and c 45.;
forty-one, the Allowances and Expences of the Barristers em-
ployed in revising Lists of Voters, under the Act to amend
the Representation of the People in England and Wales ; and ii.soo/. for .
any Sum or Sutns of Money not exceeding Eleven thousand she^l^d
three hundred Pounds, to defray, to the Thirty- first Day of Sa^rica, &c. of
March One thousand eight hundred and forty-one, the Ex- Officers of the
pences incurred by Sheriffs, formerly paid from Civil Contin- "hequer;
gencieS) also to make good the Deficiency of the Fees in the
Office of the Queen's Remembrancer in the Exchequer, and to
pay the Salaries and ancient Allowances of certain Officers of
the Court of Exchequer ; and any Sum or Sums of Money not »8,ooo/. for
exceeding Ninety-eight thousand Pounds, to defray, in the Year ^^^Z,
One thousand eight hundred and forty, certain Charges here-
tofore paid out of the County Rates; and any Sum or Sums of i3,oooL for
Money not exceeding Thirteen thousand Pounds, for the Pay- •'Wt^ARefugeei;
ment of the Subsistence of the Polish Refugees, to the Thirty-
first Day oi March One thousand eight hundred and forty-one;
and any Sum or Sums of Money not exceeding One thousand 1,300/. Saurian
eight hundred Pounds, to enable the Trustees of the British Remains for
Museum to purchase Mr. JBawAiW Collection of Saurian Re- ^^^'^^f^^'^i
mains; and any Sum or Sums of Money not exceeding Seven 7,000/. to
thousand Pounds, to enable Her Majesty to make a urant to 51?*^/^'
Messieurs Fourdrinier^ in consideration of the great Benefits chbwTy;^

3 L 4 conferred

998 Cap. 1 1 *2; Consolidated Fund and Appropriation. 3 & 4 Vi cr

conferred on the Public by the Introduction of their Machinery
S7,667t to for the Improvement of the Manufacture of Paper ; and any
Conde de Povoa g^jj^ q,. g^nis of Money not exceeding Thirty-seven tliousand
&c. du^^Uie 8^x hundred and sixty-seven Pounds, towards discharging the
Peninsular Wan Balance remaining due to the late H. T. Sampayo Conde de

PovoOf on the final Settlement of liis Accounts for Supplies of

Money and Provisions to the British Forces in the Peninsula

during the War from One thousand eight hundred and eight

50,00021 for /n- to One thousand eight hundred and fourteen ; and any Sum or

dia Steam Cam- Sums of Money not exceeding Fifty thousand Pqunds, towards

°° ' defraying the Expence of Steam Communication to India by

Way of the Bed Sea^ to the Thirty-first Day of March One

58,7oof. for thousand eight hundred and forty«one ; and any Sum or Sume

Stipendiary of Money not exceeding Fifty-eight thousand seven hundred

theC^^ea* Pounds, to defray the Charge of the Salaries, Allowances, and

Contingencies of the Stipendiary Justices in the West Indies^

MaitritiuSf and Cape of Good Hope, to the Thirty-first Day of

30,0002. for March One thousand eight hundred and forty-one ; and any

NcCT^^ Sum or Sums of Money not exceeding Thirty thousand Pounds,

to defray, in the Year One thousand eight hundred and forty,

such fbcpences as Her Majesty may incur in aiding the local

Legblatures in providing for the Religious and Moral In-

3,540/. for struction of the emancipated .Negro Population; and any Sum

^ d°E*^" ^*".^^ ^^ Sums of Money not exceeding Three thousand five hundred

Board,°5^; ** and forty Pounds, to defray a Portion of the Charge of the

Colonial Land and Emigration Board, and the Salaries of the
Agents for Emigration, to the Thirty-first Day of March One
4,0002. for thousand eight hundred and forty-one ; and any Sum or Sums

^^*f^" of Money not exceeding Four thousand Pounds, to defray the
' Charge of the Repair and Maintenance of the Rideau Canal in

Canada in the Year One thousand eight hundred and forty ;
61,263/. for and any Sum or Sums of Money not exceeding Sixty-one thou-
Expedhion to gand two hundred and sixty-three Pounds, to defray the Ex-
iver igeri p^^g^ of the Expedition to the River Niger, to the Thirty-first
76,300/. for Day of March One thousand eight hundred and forty-one ; and
Law Expences, ^ny Sum or Sums of Money not exceeding Seventy-six thousand
&c. wi^s^ three hundred Pounds, to defray, to the Thirty-first Day of
landi March One thousand eight hundred and forty-one. Law Ex-

pences, Grants to Scottish Universities, and other Charges
formerly paid out of the Hereditary Revenues, and not pro-
vided for out of Her Majesty's Civil List nor out of the Con-
29,953/. and solidated Fund; and any Sum or Sums of Money not exceeding
bm^mZJ^Z Twenty-nine thousand nine hundred and fifty-three Pounds, for

defraying the Charge of the British Museum for the Year ending
Ladi/ Day One thousand eight hundred and forty-one; and
any Sum or Sums of Money not exceeding Twenty-eight thou-
sand eight hundred Pounds, for the Purchase of Property
5,000/. for 3Vfl- required for the Purposes of the British Museum ; and any Sum
faigar Square t ov Sums of Moucy not exceeding Five thousand Pounds, to
52,000/. Post Of- complete the laying out of the Area of Trafalgar Square ; and
(MXBiAberduus .^^^ ^^^ ^^ Sums of Money not exceeding Two thousand
. Pounds, to defray the Charge of erecting a new Post Office in

the

n

1840. QmsoKdaied Fmd and Appropriation. Cap. 112. ' 89d

the City of Aberdeen ; and any Snm or Sums of Money not 2»53(M. io». Pic-
exceeding Two thousand five hundred and thirty Pounds Ten *"'*^«^>
Shillings for the Purchase of Pictures for the National Gallery ;
and any Sum or Sums of Money not exceeding Eleven thou- 11,9002. for
sand three hundred Pounds, to defray the Amount of Law f*T E*Pf™*«
Expences incurred in carrying into execution the Act for the ^e^JAmlml-
Improvement of the River Shcmnan; and any Sum or Sums of 10,0002. for
Money not exceeding Ten thousand Pounds, to defray the Public R«cordij
Expence of binding, cleaning, repairing, and indexing the
Public Records, also to pay the Salaries of the Persons emj^oyed
upon Services connected with the Public Records, to the Thirty-
first Day of MarA One thousand eight hundred and forty-one ;
and any Sum or Sums of Money not exceeding Thirty thousand 90fiooL Pablio
Pounds, for Public fklucation in Great Britain^ in the Year One ^"*'"****°»
thousand eight hundred and forty ; and any Sum or Sums of 5,418/. for
Money not exceeding Five thousand four hundred and eighteen ^J^JJJ"*^ ^
Pounds, to defray the Expences of the University of London
to the Thirty-first Day of March One thousand eight hundred
and forty-one ; and any Sum or Sums of Money not exceeding BfiooL for
Five thousand Pounds, towards defraying, in. the Year One 2*E!Srf»!LS*^
thousand eight hundred and forty, the Expence of erecting a «»«'«^-
Hall at Edinburgh for the Use of the General Assembly of the
Church oi SeoOand.

XVII. And it is hereby also enacted. That out of all or any TberethaH
the Aids or Supplies aforesaid there shall and may be issued ** 5^*? ,.
and applied any Sum or Sums of Money not exceeding Fifty Ad^wiceiMit
thousand Pounds, to enable the Lord Lieutenant oi Ireland to of Education
issue Money for the Advancement of Education in Irdand^ to *° irtUndi
the Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding Ten 10,423/. for
thousand four hundred and twenty-two Pounds, to defray the Foundling Hos-
Expence of the Foundling Hospital in Dublin^ to the Thirty- P*«^» ^^«*'»» '
first Day of March One thousand eight hundred and forty-one;
and any Sum or Sums of Money not exceeding Eighteen thou- ^^ -. ^,
sand four hundred and twenty Pounds, to demiy the Expence HouMof In.
of the House of Industry in Dublin^ the Lunatic Department, dustry, &c ;
and the Four General Hospitals attached, to the Thirty-first
Day of JIfarcA One thousand eight hundred and forty-one; and hooOL Female
any Sum or Sums of Money not exceeding One thousand Pounds, ^^^1?***° Houm;
towards defraying the Expence of the Female Orphan House,
Circular Roadj in Dublin^ to the Thirty-first Day of March One
thousand eight hundred and forty-one ; and any Sum or Sums s,5002. for \bm
of Money not exceeding Two thousand five hundred Pounds, ^"?^[*'"^
towards defraying the Expence of the Westmoreland Lock ^ *^* '
Hospital in Dublin^ to the Thirty«first Day of March One
thousand eight hundred and forty-one; and any 'Sum or Sums i«ooo7. for Ly-
of Money not exceeding One thousand Pounds, towards defray- ing-inHoqiitaJ;
ing the Expence of the Lying-in Hospital in Dublin, to the '
Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding 14007. for
One thousand five hundred Pounds, towards defraying the Ex- ^r* Stevens**
pence of Doctor Stevens's Hospital in Dublin, to the Thirty-first ^'"^'^J

Day

900 Cap. H2. CenkfUdaied Fmd and Jppropriatimu 3&4Vtcr.

Day of Marck One tbousand eight hundred and forty-one ;
s,80or. for die and any Sum or Sums of Money not exceeding Three thousand
Siw/ ^^i*^' eight hundred Pounds, towards defraying the Expenee of the
*• ' Fever Hospital and House of Recovery, Cork Street^ Dubliuj to
the Thirty*first Day of March One thousand eight hundred and
sooi. Hotpital fi>rty*one ; and any Sum or Sums of Money not exceeding Five
for locurabiesft hundred Pounds, towards defraying the Expence of the Hospital

fi>r Incurables, to the Thirty-first Day of Marck One thousand
S.928/. for R. c. eight hundred and fi>rty-one ; and any Sum or Sum» of Money
College, /rcJoiM^- i^^ exceeding Eight thousand nine hundred and twenty-<eight

Pounds, to defray the Charge of the Roman Catholic College

to the Thirty-first Day of March One thousand eight hundred

9001, ibrRoysl and forty-oue; and any Sum or Sums of Money nc^ exceeding

Irish Aeadmny; Three hundred Pounds, towards defraying the Expence of the

Royal Iris/i Aeademy, to the Thirty-first Day of March One
3(xv. Hibernian thousand eight hundred and furty-one ; and any Sum or Sums
AxaAemyi ^f Money not exceeding Three hundred Pounds, towards

defraying the Expence of the Royal Hibernian Academy, to

the Thirty-first Day of March One thousand eight hundred

5,soof. Hojral 8^ forty-one ; and any Sum or Sums of Money not exceeding

/>iiMrii Society. Yvfe thousand three hundred Pounds, towards defraying the

Expence of the Royal Dublin Society, to the Thirty-first Day
of March One thousand eight hundred and forty-one.
Themdiafl XVUI. And it is hereby also enacted. That out of, all or any

beapi^Md ^^ /^id^ or Supplies aforesaid, there shall and may be issued

of Chaebidile ^"^ applied any Sum or Sums of Money not exceeding Seven
BequMtt; hundred Pounds, to defray the Salary and Expences of tne Com-

missioners of Charitable Donations and Bequests in Irdand^ to
the Thirty^first Day of March One thousand eight hundred
1,950/. for and forty-one^ and any Sum or Sums of Money not exceeding
Koyai Btifatt Qoe tliousand nine huudred and fifty Pounds, to defray the
instit^Jn • Salaries and Expences of the Royal Belfost Academical Insti-
tution to the Thirty«first Day of Mardi One thousand eight
15,640/. for hundred and forty-one; and any Sum or Sums of Money not
ruMic works; exceeding Fifteen thousand six hundred and forty Pounds, to

defray the Expences of Public Buildings, ^c. in the Depart-
ment of the Commissioners for Public Works in Ireiand^ to the
Tliirty«first Day of March One thousand eight hundred and
S5,nx)/. for forty-one ; and any Sum or Sums of Money not exceeding
^**]^y ^ Twenty-five thousand one hundred Pounds^ to pay the Salaries
nant, ftcfof^ *"^ Expeuces of the Chief Secretary to the Lord Lieutenant
inckaui/ o( Irekotd in Dublin and London, and of Her Majesty's Privy

Council Office in Ireland^ also the Expence of Printing for the
Public Offices in Ireland^ and of Postage in the Chief Secre-
tary's Offices, to the Thirty-first Day of March One thousand
is,464A Ssla^ eight houdred and forty-one; and any Sum or Sums of Money
nea»&c.ofLord „q|. exceeding Twelve thousand four hundred and sixty-four
Ho^ora' * Pounds, to defray the Charge of the Salaries for the Officers

and Attendants of the Household of the Lord* Lieutenant of

Ireland, to the Thirty-first Day of March One thousand eight

terof'orii &rl l^^^'^drcd and forty-one ; and any Sum or Sums of Money not

vices, irtidnd; exceeding Four thousand six hundred and fifty-iune Pounds, to

7 defray

1640. CansoUdcUed Fund and Appropriation. Cap. 1 12. 901

defray the Charge of the Oflfce of the Paymasrtcr of Cnril Ser-
vices in Ireland^ to the Thirty-first Day of March One thousand
eight hundred and forty-one; and any Sum or Sums of Money 4,i5o/. for
not exceeding Four thousand one hundred and fifty Pounds, prin*»ng Procla-
to defray the Charge for publishmg Proclamations and printing ™* °^ *^*
the Statutes in Ireland^ to the Thirty-first Day of Mardi One
thousand eight hundred and forty-one ; and any Sum or Sums 3s,66i/. for
of Money not exceeding Thirty-three thousand six hundred and m^ot?
sixty-one Pounds, to defray the Expence of Non-conforming, '

Seceding, and Protestant Dissenting Ministers in Ireland^ to
the Thirty-first Day of March One thousand eight hundred and
forty-one ; and any Sum or Sums of Money not exceeding 7o,ooo/. Law
Seventy thousand Pounds, to defray the Charge of Criminal Charges, &c. ;
Prosecutions and other Law Charges in Irekmdy to the Thirty-
first Day of Mardi One thousand eight hundred and forty-one ;
and any Sum or Sums of Money not exceeding Thirty-fbur 34,959/. for
thousand nine hundred and fifty-niue Pounds, towards clefray- J^^^^!****^
ing the Charge of the Public Offices and Metropolitan Police
of Dublin to the Thirty-first Day of March One thousand eight
hundred and forty-one ; and any Sum or Sums of Money not 2,9721 for
exceeding Two thousand nine hundred and seventy-two j^vorks-
Pounds, to defray the Charge of the Board of Public Works in
Ireland^ to the Thirty-first Day of March One thousand eight
hundred and forty-one ; and any Sum or Sums of Money not 7,oooi. Totrn-
exceeding Seven thousand Pounds, to defray the Expence of ^*"** Survey ;
the Townland Survey of /r^Z-on^^ to the Thirty-first Day of March
One thousand eight hundred and Ibrty-one; and any Sum or s»67s/. for
Sums of Money not exceeding Three thousand six hundred o?uiThKct*
and seventy-three Pounds, to defray the Charge of the Salaries Shannm,
and Expences of the Commissioners for the Improvement of the
River Shannon^ to the Thirty-first Day of March One thousand
eight hundred and forty -one.

XIX.* And it is hereby also enacted, That the said Aids and Supplies to bo
Supplies provided as aforesaid shall not be issued or applied to the Purport
any Use, Intent, or Purpose whatsoever other than the Uses, aforesaid.
Intents, and Purposes before mentioned, or for the other Pay-
ments directed to be satisfied thereout by any Act or Acts, or
any particular Clause or Clauses for that Purpose contained
in any other Act or Acts of this Session of Parliament.

XX. And as to the Sum of Five hundred and five thousand Rules to be
five hundred Pounds by this Act appropriated on account of ^**]iJ^^t;oVof
Half Pay as aforesaid, it is hereby enacted and declared, Tliat the Sum i^pro-
the Rules hereafter prescribed shall be duly observed in the priated to Half
Application of the said Half Pay; (that is to say,) that no ^'^*
Person shall have or receive any Part of the same without
making and subscribing a Declaration to such Purport and
Effect as shall be required in that Behalf by Her Majesty's
Warrants directing the Issue of the Half Pay to be received ;
that no Person shall have or receive any Part of the same who
was under the Age of Sixteen Years at the Time when the
Regiment, Troop, or Company in which he served was reduced ;
that no Person shall have or receive any Part of the same

who

902 Gap. 112. Ctrntolidaled Fund and Jpprqpriation. 3&4VicT.

ivho did not do actual Service in some Regiment, Battalion,
Troop, or Company in Her Majesty's Service, except in Cases
in which the Commission was received under Circumstances
which did not, according to the Regulations of the Army,
require the Officer to serve ; that no Person shall have or receive
any Part of the same who has resigned his Commission, and has
had no Commission since; that no Part of the same shall be
allowed to any Person by virtue of any Warrant or Appointment,
except to such Person as would have been otherwise entitled
thereto as a Reduced Officer ; that no Person shall have or
receive any Part of the same for any Time during which he
shall hold any other Military Place or Employment of Profit
under Her IV^jesty, or in Her Majest/s Colonies or Possessions
beyond the Seas, except on the Staff or in Grarrison, and that in
such excepted Cases, or in Cases of his holding any Military
Place or Employment of Profit under another Government,
no Officer shall receive any Part of his Half Pay unless with
Her Majesty's Approbation, to be signified by the Secretary at
War to the Paymaster General, and the Officer claiming the
Half Pay in pursuance of such Approbation shall sp^ify in his
Declaration the* other Military Place or Employment of Profit
on the Staff or in Garrison which he may hold or have held
under Her Majesty, or in the Colonies or Possessions of Her
Majesty beyond the Seas, or under any other Government;
that no Person who shall, on or before the Twenty-eighth Day
of July One thousand eight hundred and twenty-eight, have
held any Civil Place or Employment of Profit under Her Ma-
jesty, or in the Colonies or Possessions of Her Majesty beyond
the Seas, or under any other Government, shall have or receive
any Part of the same for any Time during which he shall hold
any such Civil Place or Employment of Profit under Her Ma-
jesty, or in the Colonies or Possessions of Her Majesty beyond
the Seas, or under any other Government, except in Cases
in which the same shall not exceed Three Times the Amount
of the highest Rate of Half Pay attached to the Rank in
virtue of which he claims to receive Half Pay, or as herein-
after mentioned, nor in any such excepted Cases, unless Her
Majesty's special Approbation be signified as aforesaid, and the
Officer claiming the Half Pay in pursuance of such Approbation
shall signify in his Declaration the Civil Place or Employment
of Profit, which he may hold or have held as aforesaid ; but if
the net annual Emoluments of such Civil Place or Employment
shall exceed lliree Times the Amount of Half Pay as aforesaid,
and shall fall short of Four Times that Amount, then it shall be
lawful for the Paymaster General, with Her Majesty's Appro-
bation, signified by the Secretary at War as aforesaid, to issue,
on or after the Twenty-fourth Day of December One thousand
eight hundred and forty, so much of die Half Pay claimed by
any such Officer as shall, together with the net annual Emolu-
ments of the Civil Place or Employment, be equal to Four
Times the Amount of such Half Pay, and the~ Officer claiming
the Half Pay in pursuance of such Approbation shall specify

in

1S40. CfmsoUdated Fund afid Jppropriaffon. Cap. 112. d03

in his Declaration the Civil Place or Employment of Profit
which he may have held as aforesaid, and the actual Amount of
the Emoluments thereof, in such Manner and Form, and calcu-
lated up to such Period or Periods, as shall be required by the
Secretary at War ; but no Person who after the Twenty -eighth
Day of July One thousand eight hundred and twenty-eight
has been appointed to any Civil Place or Employment of Profit
(except in Her Majesty's Household) under Her Majesty, or
in the Colonies or Possessions of Her Majesty beyond the Seas,
or under any other Government, shall have or receive any Part
of the same for any Time during which he shall hold any such
Civil Place or Employment of Profit (except as aforesaid)
under Her Majesty beyond the Seas, or under any other Go-
vernment, other than that of a Barrack Master under the Mas-
ter General and the Board of Ordnance, who shall, under the
Restrictions before mentioned, be entitled to receive his Half
Pay: Provided always, that nothing in this Act contained Nottoprerent
shsdl prevent any 'Person from receiving his Half Pay who shall thereceivingof
be entitled to the same under any Act or Acts relating to the any AcTi^Sinff
General or Local Militia, or the Yeomanry or Volunteers, but to the Genend
that every such Person shall receive the same according to the or Local Militia,
Provisions of any such Act or Acts ; and also every Surgeon, **^
Seijeant Major, Serjeant, Corporal, and Private, serving in
the General or Local Militia, or in any Corps of Yeomanry
or Volunteers in Great Britain or Ireland^ may and shall receive
any Half Pay, together with any Pay in the General or Local
Militia, or Yeomanry or Volunteers, upon making or sub-
scribing a Declaration in any Case in which an Oath or a
Declaration shall be required in and by any Act or Acts, or
specified in any Warrant of Her Majesty, as the Case may
be, and stating in such Declaration the Commission or Employ-
ment which he held in the General or Local Militia, the Yeo-
manry or Volunteers: Provided always, that from and after P^ymaati^
the First Day of Jamuay One thousand eight hundred and p*"^. ^^ -
forty-one it shall be lawful for the Paymaster General to issue the Treaniry,
the Half Pay or any Portion thereof to any Officers appointed inay isaue Half
to Civil Office or Employment under Her Majesty, or under ^*y ^JS!^^^
any other Government, since the Twenty-eighUi Day of July chu Offices
One thousand eight hundred and twenty-eight, if Her Majesty's smoeJulyisss.
Pleasure to that Effect be signified by the Commissioners of
Her Majest/s Treasury, or any Three or more of them, through
the Secretary at War, but such Permission to be granted under
the Restrictions before mentioned : Provided always, that an An Aoeount of
Account shall be laid before Parliament in every Year on or *• Number of
before the First Day of April, if Parliament shall be then receWngHalf
sitting, or if Parliament shall not then be sitting on the First Pay to be laid
Day of the sitting of Parliament, after the First Day of April, ^^ ^"^
of the Number of Officers who are allowed to receive their Half
Pay with Civil Employments, specifying the Names of such
Officers, with the respective Amounts of meir Half Pay and the
Emoluments of their respective Civil Employments, and dis-
tinguishing in every such Account the Officers to whom such

Half

1

9M

TreMury may
authorize Mili-
tary Officers in
Cinl Employ-
roentii to receive
Half Pay in
certain Cases.

S&3Vict.c.89.

Peraomi eoo-
cenied inu-
vamg, paying,
and rteeinnit
Mfoney for tlie
Faymeat of
Half Pay, wkb-
out tlie Oaths
JamagNen
taken as re-
quired, indem-
nified.

Cap.113. CanMflidatfd Fund and ApprtipnatiaL 3&4Vicr.

Half Pay fthaU hai^ been allowed subsequent to preeeding
Acooimts.

XXI. Provided always^ and be it enacted, That it shall be
lawful for the Commissioners of Her Majesty's Treasury, or any
Three or more of them, fi>r the Time being, to authorize the
receiving Half Pay by Military Officers widi Civil Enqployments
in any Cases in which the said Commissioners shall be of
opinion that the Employment of such Military Officers in the
Colonies or elsewhere in Civil Situations of Respoosibility,
with small Eraolumenta, will be conducive to Economy, anid
thereby beneficial to the Public Service; and in every sudi
Case the Officer authorised to receive Half Pay with the Salary
or Emolument of any Civil Employment shall signify the same
4n his Declaration, ^cifying the Office, and the Authority under
which be is so allowed to receive his Half Pay.

XXU. ' And whereas a considerable Part «f the Money
appropriated on account of Half Pay by an Act passed in the
Second and Third Years of the Reign of Hc^ present Majesty,
intituled An Act to appiy a Sum out of Ae Consolidated JPumd,
and the Surplus of Wags and Means^ to the Service of the Year
One thousand eiglU hundred and thirt^ninej and to appropriate
the Siuppiies granted in tliis Session of Parliament^ has been
issued without requiring, by Pers(ms issuing or paying, and
without the taking by the Persons receiving Half Pay, the
Oaths or Declarations prescribed to be taken by Officexs
claiming Half P^y ; and Part of the said Monies has been
paid to Officers claiming or entitled to Half Pay who at the
same Time held and may still hold the Situation of and serve
respectively as Surgeons, Serjeant Majors, Serjeants, Cor*
porals, or Privates in the General or Local Militia, or
Yeomanry or Volunteer Corps, in Great Britain or Ireland;
and it is expedient that all such Persons should be' indem-
nified ;' Be it therefore enacted. That all Persons concerned
in the advising, a<ithorieing, or directing the issuing, or in the
jsauing of any Half Pay, or any Monies for Half Pay, or in the
Application of any Money appropriated by the said Act for that
Purpose^ or in receiving or being concerned in the receiving
any l^rtion of the Money so appropriated for such Half Pay,
without requirijig or taking the said Oaths or Declarattens, or
ta or on account of any such Officers or Persons as afooresaid,
c(haU be .and are fully indemnified, and shall be and are heneby
fully exonerated and discharged from all Penalties, Forreitures^
Prosecutions, or Proceedings, in respect of any thing done in
relation thereto, in all Cases in which such Half Pay, or Pay-
ment for or in respect of Half Pay, shall have been or may
hereafter be issued or received in conformity with the Provisions
of the said recited Aot or this Act, and the Usages heretofore
ostafclisbed and observed in relation to the issuing, paying, and
receiving of Half Pay in all other respects, except so far as
relates to the demanding, requiring, or taking tlie said Oaths or
Declarations ; and all buch Payments and Issues of Half Pay
which shall have been or may be issued to any such Person

as

1840. Cmvdidatsd Pu^ and Appropnaiim. Cap. 112. 005

as aforesaid shall be deemed valid and eflectual Payments} and
the Paymaster General, and all other Persons concerned in the
issuing and paying the same, shall be and are hereby iiilly
discharged and exonerated in respect thereof in all Accounts
relating to such Issues and Payments; any thing contained
in any Act or Acts, or any Laws, Rules, or Regulations, relating
to the issuing and paying of Half Pay, to tlie contrary notwith-
standing.

XXIII. < And whereas the Royal Regiment of Manx Fen- Half Pay al-
cibles engaged to serve in the said Corps upon a Stipulation J<*^«1 to the
contained in the Letter of Service under which* they were Sr«nwFMciW«.
raised, that they sliould be allowed to receive any Half Pay to
which tliey might be entitled, notwithstanding their holding
Subaltern Commissions in the said Corps ; but no Provision
has been made by Parliament for Payment of such Half Pay ;
and It is therefore expedient that Provision should be now
made for the Arrears ot* Half Pay to such Officers as' afore-
said :' Be it therefore enacted, Timt Officers who were

entitled to Half Pay, and who accepted or held Subaltern
Commissions in the Royal Regiment of Manx Fencibles, shall,
notwithstanding their having held the Full Pay of such Com-
missions, be entitled to receive the Arrears of such Half Pay
for any Year or Time in which they shall not have been allowed
to receive the same^ upon making and subscribing a Declaration
before any Person hereby authorized to administer a Declaim
ation to Persons for the Purpose of receiving Half Pay, that
they had not, in any Year or Time for whidh such Arrear is
claimed, any Office or Employment of Profit, Oivii or Military,
under Her Majesty, besides their Allowance of Half Pay,
save and except their Pay as such Subaltern Officers of the
Royal Regiment of Manx Fencibles ; and the making and sub-
scribing the said Declaration shall, without making and sub-
scribing any other Declaration, be sufficient to entille such
Officer to receive his Half Pay.

XXIV. < And whereas Chaplains of Regiments who hai« Hair^o^

* been |ylaced upon Half Pay have not been allowed lo receive AHowancetto

* such Half Pay in some Years, in conseqpi^nce of beii^ in Sl^mcnts^not

< Possession at the Time of certain Eodesiastical Benefioes or being in Porms-

* PvefermentS) though the same were not in the Patronage of aon of Ecde-

* the Crown : And whereas it lias bectt judged feir and reason*- gljl^ derived*"

f able tiMA they should be allowed to receive such Half Pay, fromUieOoim.

* tiuMigh in Possession of Eoclesiastical Preferment, provid^
^ the eome was private Patronace, «nd not derived from the

* Crown ; and that they should also be entitled to receive the
' Arrears of Half Pay for such former Years as aforesaid:^
fie it therefore enacted. That all Chs^lains who, after having
been placed upon Half Pay, shall have been refused or have
been unable to receive such Half Pay in any Year, in ^conse-
qnence of holding any Ecclesiastical Benefice, not derived from
or in the Oiit of the Crown, shall be entitled to receive the
Arrears of such Half Pay for such Year, upon making and
subscribing a Declaration before the proper Officer for admi-
nistering

906

By«&3Vict.
c 89. a Sum was
appropriated
to be paid
to Half Pay
Officers, the
Surplus of
which is hereby
authorized to
be disposed of
as Her Mi^esly
shall direct.

Widows and
Persons claim-
ing Pensions
shall make the
required Decla-
ration.

Declarations
to be made as
specified in
5&0W.4.C.62.

Cap. 1 12. Consolidated Fund and Appropriatunu 3 &.4 Vicr*

nistering Declarations to Persona for entitling tbem to receive
Half Pay, that they held no Ecclesiastical benefice or Prefer-
ment in any Year derived from the Crown, nor any Place or
Employment of Profit under Her Majesty ; and the making
and subscribing the said Declaration shall, without making
and subscribing any other Declaration, be . sufficient to entitle
such Chaplain to receive his Half Pay.

XXV. < And whereas by the said recited Act passed in the
* Second and Third Years of the Reign of Her present Majesty
^ the several Supplit^ which had been granted to Her Majesty

< as therein mentioned were appropriated to the several Uses
^ and Purposes therein expressed, an^ongst which any Sum or

< Sums of Money not exceeding Five hundred and seventeen

< thousand Pounds in the whole was appropriated to be paid

< on account of .Half Pay for the Year One thousand eight

< hundred and thirty-nine, subject nevertheless to such Rules

< to be observed in the Application of the said Half Pay as in

< and by the said aforesaid Act were prescribed in that Behalf:^
Now it is hereby provided, enacted, and declared. That so
much of the said Sum of Five hundred and seventeen thousand
Pounds as is or shall be more than sufficient to satisfy the said
Reduced Officers, according to the Rules to be observed in the
Application thereof, or any Part of such Overplus, shall and
may be disposed of to such Officers- who are miumed or have
lost their Limbs in the late War, or such others as, by re^eson
of their long Service, or otherwise. Her Majesty shall judge
to be proper Objects of Charity, or to the Widows or Children
of such Officers according to such Warrant or Warrants under
Her Majesty's Royal Sign Manual, as shall be signed in that
Behalf; any thing in this Act or the said Act to the contrary
notwithstanding.

XXVI. And as to the Sum of One hundred and forty-two
thousand nine hundred and eighty*four Pounds by this Act
appropriated for defraying the Charge of Pensions to be paid
to the Widows of Omcers of Her Majesty's Land Forces as
aforesaid, and as to the Sum of One hundred and twenty-seven
thousand three hundred Pounds by this Act appropriated for
defraying the Charce of Allowances on the Compassionate List,
of Allowances as oi Her Majesty's Royal Bounty, and of Pen«»
sions to Officers for Wounds, as aforesaid, it is hereby enacted
and declared. That no Widow of an Officer of the Land Forces,
and no Person claiming an Allowance on the Compassionate
List, or of Allowances as of Her Majesty's Royal Bounty, shall
have or receive any Part of the same without making and sub-
scribing a Declaration to such Purport and Effect as shall be
required in that Behalf by Her Majesty's Warrant directing the
Issue of such Pensions and Allowances so to be received.

XXVIL And be it enacted. That every such Declaration
shall and may be made and subscribed before any One or
yfiore of Her Majesty's Justices of the Peace, or before the
resident Minister of the Established Church in any Parish in
England^ Scotland^ or Ireland^ or before any of the Persons

appointed

1840. Consolidate Fund and AppropriaHmu Gap. 1 12, 1 1 3.* 907

appointed to examine Vouchers in the Office of the Paymaster
General, in the Manner, and under the Pains, Penalties, and
Forfeitures, specified in an Act passed in the Fifth and Sixth
Years of the Reign of His said late Majesty for the Abolition
of unnecessary Oaths.

CAP- CXIII.

An Act to carry into effect, with certain Modifications, -^f^-Cj^ ^
the Fourth Report of the Commissioners of Eccle- ^^^]j^/
siaslical Duties and Revenues. [1 1th August 1840.3 /yy^t^y^//

*
Vl/'HEREAS an Act was passed in the Seventh Year of

^^ the Reign of His late Majesty, intituled An Act far 6&7W.4 c.T7.
cartyhig into ^ect the "Reports of the Commissioners appointed
to consider the State of the Established Chnrch in England and
Wales with reference to Ecclesiastical Duties and Revenues^ so
Jar as they relate to Episcopal Dioceses^ Revenues^ and Patronage^
constituting the Ecclesiastical Commissioners for England to
be One Body Politic and Corporate for the Purposes set forth
in the said Act : And whereas the Commissioners first men-
tioned in the said Act, in their Fourth Report to His late
Majesty, bearing Date the Twenty-fourth Day of Jvne in the
Year One thousand eight hundred aiid thirty-six, made cer-
tain Recommendations touching Cathedral and Collegiate
Churches, and other Things in the said Report specified:
And whereas it is expedient that tlie said Recommendations
should be adopted, with certain Alterations:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
the Authority of the same. That from henceforth all the Mem- JJJ«»*>»»of
bers of Chapter, except the Dean, in every Cathedral and Col- -oJ^s^ZiT
legiate Church in England^ and in the Cathedral Churches of Canons.
Saint David and Ujondaff^ shall be styled Canons; and the
Precentor of the Cathedral Church of Saint David and the
Warden of the Collegiate Church of Manchester shall be respec-
tively styled Dean.

II. And be it enacted, That, subject to the Provisions herein- Number of
after contained, the Number of Canons in the several Cathedral ^^®"*-
and Collegiate Churches of the New Foundation, and in

the Cathedral Churches of Saint David apd Uandaff^ and in
the Queen's Free Chapel of Saint George within the Castle-' of
Windsor^ and of Canons Residentiary in the several Cathedral
Churches of the Old Foundation in England^ shall be the Num-
ber respectively specified in the Schedule hereto annexed*

III. And be it enacted, That in every Cathedral and Colle- R^Mdoioeof
giate Church the Term of Residence to be kept by every Dean ^^^^
thereof hereafter appointed shall be Eight Months at the least

in every Year, and the Term of Residence to be kept by
[No. 5a Prke 2rf.] ;3 M every

908

Six Canonnes
suspended at
Canterbury.

Canonry at
Clirlstchurch
annexed to a
Prof«*8sorship
instead of Ca-
nonry at Wor-
cester,

Two Canonries
at Chri&teburch
annexed to new
Profesworships
in the Univer-
sity of Oxford*

Cap. 1 18. Eceksiastical Duties and Revenues. 3 & 4 Vicr.

every Canon thereof hereafter ap^inted shall be Three Moolhs
at the least in every Year.

IV. And be it enacted. That in the Chapter of the Cathedral
Church of Canterbury Six Canonries shall be suspended in the
following Order ; that is to say, the Canonry firstly vacant shall
be suspended ; and the Canoniy now held by the Archdeacon of
Canterbury and the Canonry secondly vacant shall be subject to
the Provisions herein-after contained respecting the Endowment
of Archdeaconries by the Annexation of Canonries thereto ; and
the Canonry thirdly vacant shall be suspended, and the Canonry
fourthly vacant shall be filled up by Her Majesty ; and the Two
Canonries fifthly and sixthly vacant shall be suspended, and
the then next vacant Canonry shall be filled up by Her Ma-
jesty ; and the Two Canonries which shall then next be vacant
shall be suspended ; and that thereafter, upon every Fourth
Vacancy among the Canonries not annexed to any Arch-
deaconry, the Lord Archbishop of Canterbury shall appoint a
Canon, and all other Vacancies among such last-mentioned
Canonries shall be filled up by Her Majesty.

V. And be it enacted. That in the Chapter of Ckristchurch
in Oxford the first vacant Canonry, not being One of the Two
Canonries which are respectively annexed to Regius Professor-
ships in the University of Oxford, shall immediately become and
be permanently annexed and united to the Lady Margiarefs
Professorship of Divinity in the said University, and shall and
may be held by the present and every future Lady Margarets
Professor of Divinity therein ; and that upon such Annexation
as aforesaid the Canonry in the Cathedral Church of Worcester^
which is now annexed to the last-mentioned Professcursbip,
shall be ipso facto detached therefrom, and shall become vacant ;
and the Canonry secondly vacant in the said Chapter of Christ^
church shall be subject to the Provisions herein-after contained
respecting the Endowment of Archdeaconries by the Annotation
of Canonries thereto.

VL ^ And whereas Her Majesty has graciously intimated to

* Parliament Her Royal Will and Intention to found Two

* new Professorships in the said University of Oxford, and it

* is expedient that the same should be competently endowed ;'
be it therefore enacted. That the Two Canonries in the said
Chapter of ChrUtchurch (not being either of them a Canonry
annexed or to be annexed to any of the Professorships already
founded in the said Universty) which shall be thirdly and
•fourthly vacant shall, upon the Vacancies thereof respectively,
and the Foundation of such Professorships respectively, become
and be permanently annexed and united thereto, in such Order
as Her Majesty shall, in and by ^ Her Royal Letters Patent
founding such Professorships, direct and appoint; and if either
of such last-mentioned Canonries be vacant before the Foan-
dation of such Professorships^ the same shall not be filled up
until after such Foundation ; and after such Annexation the
said Canonries shall and may be held by the Holders of such
Professorships respectively for the Time being; provided tliat

if

ie4a Eedesiattical Duiiss and Bei)enues. Cap. US* M§

if tli6 Member of any College or Hall in the said University
except ChristckuTch shall hereafter accept any Professorship to
which a Canonry of Christehurch is or shall be annexed, he
shall thereby cease to be a Member of such other College or
Hall.

VII. And be it enacted. That, except as herein particularly ^ct not to
specified, nothing in this Act contained shall in any Manner J^ch^rUtcT^
affect or apply to the Cathedral Church of Christ in Oxford.

VIII. And be it enacted. That in the Chapters of die Ca- Six Canonriet
thedral Churches of Dur/iam and Worcester and of the Collegiate suspended at
Church of Saint Peter Westmimer respectively Six Canonries c«ler.*«id
shall be suspended in the foUowiqg Order; (that is to say,) Westminster

,the first Two vacant Canonries sliall be suspended, and the
Canonry thirdly vacant shall be filled up; and the Two Canon-
ries fourthly and fifthly vacant shall be suspended, and the
then next vacant Canonry shall be filled up ; and the Two
Canonries which shall then next be vacant shall be suspended.

IX. And be it enacted, That in the Chapter of the Queen's EtghtCononncs
Free Chapel of &wi^ George within Her Castle o{ Windsor Eight ^*^^^*'
Canonries shall be suspended in the following Order; (that

is to say,) the first Two vacant Canonries shaJl be suspended,
and the Canonry thirdly vacant shall be filled up; and the
Two Canonries iburdily and fifthly vacant dhall be suspended,
and the then next vacant Canonry shall be filled up ; and the
Two Canonries which shall then next be viicant shall be sus-
pended, and the tlien next vacant Canonry shall be filled up ;
and the Two Canonries which shall then next be vacant shall
be suspended.

X. And be it enacted, Tliat in the Chapter of the Cathedral SevcnCanonrics
Church of Wmehester Seven Canonries shall be suspended in '^^",^^*^
the following Order; (that is to say^) the Two Canonries

secondly and thirdly vacant shall be suspended, and the Canonry
fourthly vacant shall be filled up; and the Two Canonries
fifthly and sixthly vacant shall be suspended, and the then
next vacant Canonry shall be filled up ; and the Two Canonries
eighthly and ninthly vacant shall be suspended, and the then
next vacant Canonry shall be filled up ; and the Canonry which
shall then next be vacant shall be suspended.

XI. And be it enacted, Tliat in the Chapter of the Cathedral ThreeCanonries
Church oi Exeter Three Canonries shall be suspended ; (that is g^g^^^^** "'
to say,) the Canonry held in Commendam with the Bishoprick

of Exeter shall immediately upon the Vacancy thereof be sus-
pended, and the Two Canonries thirdly and fourthly vacant
(not being either of them the Canonry so held in Commendam)
shall be also suspended ; and the Canonry secondly vacant shall
be subject to the Provisions herein-after contained respecting
the Endowment of Archdeaconries by the Annexation of
Canonries th^^eto.

XII. And be it enacted. That so soon as conveniently may Two Canonries
be, and by the Authority herein-after provided, the Two Canon- «' Ely to be
ries in the Chapter of the Cathedral Church of Ely which shall J^^^ps f^'
be secondly and thirdly vacant shall be.permanendy annexed Cambridge.

3 M 2 and

910 Cap. 1 la Eedetiasiieal Duties and Revenues. d&4Ticr.

and united to the Regius Professorships of Hebrew and Grreek
respectively in the University of Cctmbridge.
Two Canonri€» XIII. And be it enacted, That in the Chapters of the
bSSJoi^. Cathedral Churches of JJwtoi; Cheaer^Ely, Gloucester, Lickfidd,
Ely.Gl'oucesteri Norwich, Peterborough, Ripon, Rochester, Salisbury, and fVdb
Lichfield, Nor- respectively, Two Canonries shall be suspended in the foUow-
b^roughTRipon, '"« Order; (that is to say,) in the said Churches of Bristol,
Rochester, Sa-' Chester, Gloucester, Norwidi, Peterborough, Ripon, Rochester,
liibiiry, and Salisbury, and fVeUs respectively the first vacant Canonry shall
WeUs, Kspee- y^ suspended, and the Canonry secondly vacant shall be filled

up, and the Canonry thirdly vacant shall be suspended, and

the Sub-Deanery in the said Church of Ripon shall, imine-

diifttely upon the Vacancy thereof, be also suspended ; and that

in the Chapter of the said Church of Ely the Two Canonries

fourthly and fifthly vacant shall be suspended ; and that in the

Chapter of the said Church of Lichfield the fii'st vacant Canonry

shall be suspended, and the Canonry annexed to the Rectory

of the Churcli of Saint Philip in Birmingham shall, immediately

upon the first Vacancy thereof, be detached from the said

Rectory, and be also suspended ;. and that in the Chapter of the

said Church of Peterborough the Canonry secondly vacant shall

be subject to the Provisions herein-after contained for the

Endowment of Archdeaconries by the Annexation of Canonries

thereto.

•uipendedi*^ XIV. And be it enacted, That in the Cathedral Church of

Hereford. Hereford the first vacant Canonry shall be suspended.

Proiriao respect- XV. Provided always, and be it enacted, That the Pro-

rion^of Ouion^' visions herein-before contained respecting the Suspension of

net. Canonries shall not be construed to extend to the Suspension

of the Canonry in the said Chapter of Omterbury now held by
the Archdeacon of Caanterbury, or of any Canonry in the said
Chapter of Ely which may be annexed to any Professorship
in the University of Cambridge, or of the Canonry in the
said Cathedral Church of Durham which is prospectively an-
nexed to the Archdeaconry o( Durham by an Act passed in the
2&8W.4.C.10. Second Year of the Reign of His late Majesty, intituled ^n

Act for separating the Rectory of Easington in the County and
Diocese of Durham from the Archdeaconry of Durham, aasd
annexing in lieu thereof a Prebend or Canonry founded in the
Cathedral Churdi of Durham, or of either of the Canonries in
the said Collegiate Church of Saint Peter Westminster to
which the Rectories of Saint Margaret and Saint John West"
minster are herein-after respectively annexed, or of the Canonry
in the said Cathedral Church of Gloucester which is annexed to
the Mastership of Pembroke College in Oxford, or of either of
the Canonries in the said Cathedral Church of Rochester which
are respectively annexed to the Provostship of Oriel CoUege
in Oxford, and to the Archdeaconry of Rochester, or of the
Canonry in the said Cathedral Church of Norwidi which is
annexed to the Mastership of Catherine Hall in Cambridge, or of
the Canonry in the said Cathedral Church of Salisbury which
is connected with the R'esidentiaty House called Leydon or

Leaden

184a. Eadesia^ical Jhaiet and Eevmuei. Cap. 113* 911

Leaden Hall, or of any Canonry in any Cathedral or Collegiate
Church which shall hereafter, under the Authority of this Act,
be permanently annexed to any Archdeaconry or Archdea-
conries, or to any Office in the University of Durham; but
that if any Canonry so held annexed or connected or to be
annexed shall be vacant in such Order as that according to the
said last-mentioned Provisions it would be one of the Canonries
to be suspended, the Vacancy thereof shall not be counted as
a Vacancy subject to such Provisions; and that upon the passing
of this Act all then subsisting Vacancies of Canonries shall be
deemed Vacancies within the Meaning of the said last-mentioned
Provisions and of this Proviso, and shall be counted, subject
also to this Proviso, in the numerical Order in which they shall
have occurred*

XVI. Provided always, and be it enacted. That in any One suspended
Cathedral Church in which by the Suspension of Canonries ^25J17"*^
the Number of Canons shall be reduced to Four, One of such endow A^ch-
suspended Canonries may by the Authority herein-after pro- deeconries.
vided, if it be deemed necessary for the Purpose of endowing
any Archdeaconry or Archdeaconries, be filled up, subject to
the Provisions herein-after contained respecting the Endow-
ment of Archdeaconries by the Annexation of Canonries
thereto.

XVIL And be it enacted. That in the Chapters of the A Fourth Ce-
Cathedral Churches of Saint Paul in Ltmdon and of lAncoln "^^ ]^^
respectively there shall be a Fourth 'Canonry, and such Canonry London and at
shall be in the Patronage of the Bishops of London and Lincoln.
Lincoln respectively, subject nevertheless to the Limitation
as to the Exercise of such Patronage herein-after contained.

XVIII. And be it enacted, Tliat in the CoUeciate Church An Canonries ^^n^J^
of Southwell the Canonries now vacant, and m the other ^^^^^ ^' ^^
Canonries except the Canonry now held by the Archdeacon of souUiwdL
Nottingham^ as Vacancies occur, shall be suspended.

XIX. And be it enacted. That no Appointment shall here- AH canonries
after be made to any Canonry in either of the Cathedral ^^J^^*gJ[
Churches of Saint David or Handaff^ excepting any Caiionry ^^s and
by the Vacancy of which the Canons shall be reduced below Llandaff.
the Number of Two ; and that all Canonries vacant previously

to such Reduction shall be suspended.

XX. And be it enacted. That a Plan may from Time to Power to re-
Time be laid before the Ecclesiastical Commissioners for Eng^ ™^ ^''ftflir"
land by any of the said Chapters of the several Cathedral and ^^^a un-
CoUegiate Churches, with the Sanction of the Visitors of the der special
said Churches respectively, for removing the Suspension from Circumsunccfc
and re-establishing any Canonry or Canonries which shall have

been suspended by or under the Provisions of this Act, by
assigning towards the Re-endowment of any such Canonry
or Canonries a Portion of the divisible Corporate Revenues
remaining to the said Chapters respectively, after paying to the
said Ecclesiastical Commissioners the Profits and Emoluments
accruing to the said Commissioners from the suspended Canonry
or Canonries, so that the Profits and Emoluments of such

3 M 3 suspended

912 Cap. 113. EccksiasHcal Duties a9id Bevenues. dac4Vicr.

suspended Canonry or Canonries be not diminiahed by the
Removal of such Suspension ; and also by acceptitig and as-
signing for the same Purpose any further EodowmeDt in
Money, or in Lands, Tithes, or other Hereditaments, siidi
Lands, Tithes, or other Hereditaments not exceeding in yearly
Value the Sum of Two hundred Pounds for each Cmomy
from which the Suspension shall have been so removed ; and
also by annexing to any such Canonry from which the Suspen-
sion shall have been so removed any suitable Benefice or other
Preferment in the Patronage of the said Chapters respectively,
or of any other Patron, with the Consent of such Patron, and
where any Bishop is Patron, with Consent of the Archbishop ;
cind any such Plan may be carried into effect by die Authority
herein-after provided, and such Alterations may be n^de in the
existing Statutes and- Rules of tlie said Chapters respectively,
as the Case may require, under the Authority herein provided
for making Alterations in existing Statutes.
Non^r«mden- XXL And be it enacted. That no new Appointment shall

liary Deaneries be mtide to the Deaneries of Wolverltamptony Middkhamy Heytes-
supprent . hury^ and Brecon respectively, but that the said Deaneries

shall, as to any which may be vacant at the passing of this

Act, immediately upon its so passing, and as to any other

immediately upon the Vacancy thereof, be suppressed.

Nrni-resicTen. XXIL And be it enacted, subject to the Provisions herein-

*'7#^*^"^' after contained, That after the passing of this Act no Pre-

toinVeWeht'* ^^tation. Collation, Donation, Admission, Election, or other

to any Endow- Appointment to the Dignity or Office of Sub-Dean, Chan-

**«"*• cellor of the Church, Vice Chancellor, 'IVeasurer, Provost,

jif t^^/^x/^-ffy^ Precentor, or Succenior, nor to any Prebend not residentiary,

in any Cathedral or Collegiate Church in Englcaid, or in
the Catliedral Churches of Saint David and Uandatff^ or in
the Collegiate Church of Brecon^ shall convey any Right or
Title whatsoever to any Lands, Tithes, or other Heredita-
ments, or any otlier Endowment or Emolument whatsoever,
now belonging to such Dignity, Office, or Prebend, or enjoyed
by the Holder thereof in right of such Dignity, Office, or Pre-
bend, or any Part thereof; provided that notliing herein con-
tained shall be construed to deprive any present or future
Holder of any Office in any Cathedral or Collegiate Church,
actually performing Duties in respect of such Office, of any
Stipend or other Emolument heretofore accustomably assigned
to such Office, or paid to the Holder thereof, according to the
Statutes of such Church, out of the Revenues thereof.
Foundation XXIIL * And whereas it is expedient that all Bisliops

CanonrUs!^ * should be empowered to confer Distinctions of Honour
y^r-/^ 2^^ ^ ^* upon deserving Clergymen ;' be it enacted. That Honorary
^ y '^v Canonries shall be hereby founded in every Cathedral Church

in England in which there are not already founded any Noii*
residentiary Prebends, Dignities, or Offices; and the Holders
of such Canonries shall be styled Honorary Canons, ..and shall
be entitled to Stalls, and to taJce Rank in the Cathedral Church
next after the Canons, and shall be subject to such Regu-
lations

1 84a Ecclesiastical Duties and Beuenuu. Cap. 113. 9)8

latioDs respecting the Mode of tfaeir Appointment, and other-
wise» as shall be determined on by the Authority herein-eft^r
provided, with the Consent of the Chapters of the said Cathedral
Churches respectively j and the Number of such Honorary
Canonries hereby founded in each Cathedral Church shall be
Twenty-four ; and it shall be lawful for the Archbishops and
Bishops respectively, if they shall think fit, from Time to Time,
to appoint Spiritual Persons to such Honorary Canonries; pro-
vided that not more than Eight of such Honorary Canons
shall be appointed in any Diocese within the Year next after
the passing of this Act, nor more than Two in any suhse^
quent Year, except in the Case of the Vacancy of any Honorary
Canonry by Death, Resignation, or otherwise; provided also^
that no Emolument whatever, nor any Place in the Chapter
of any Cathedral Church, shall be taken or held by any
Honorary Canon in virtue of his Appointment as such Canon^

XXIV. And be it enacted. That the Deanery of every Dean« of old
Cathedral and Collegiate Church upon the old Foundation, ^h*^^<^8*^
excepting Woks, and the Three existing Canonries in thepatbe- of sT Paul's to
dral Church of Saint Paid in Londcn, shall henceforth be in the be iq>pomted by
direct Patronage of Her Majesty, who shall and may, upon the ^^ M^j«*y«
Vacancy of any such Deanery or Canonry, appoint, by Letters 4^^^ Jf ^^^
Patent, a Spiritual Person to be Dean or Canon, as the Case

may be, who shall thereupon be entitled to Installation as Dean
or Canon of the Church to which he may be so appointed.

XXV. And be it enacted. That in the Cathedral Church Gmmitor
of York^ so soon as a Vacancy shall occur in the Deanery, ^^'^^^J^y^
and in the Cathedral Churches of Chichester^ Exeter^ Hereford^ ^he BiAhopg.
Salisbury^ and Wells respectively, so soon as every Person who

was a Member of the respective Chapters of such Churches at
the passing of this Act shall cease to be such Member, all
the said Canonries shall be in the direct Patronage of the
Lord Archbishop of York and of the Bishops of the said
respective Sees, as the Case may be, who shall respectively, upon
the Vacancy of any Canonry in such Churches respectively,
collate thereto a Spiritual Person, who shall thereupon be
entitled to Installation as a Canon of the Church to which he
shall be so collated.

XX VI. And be it enacted. That in the Cathedral Church Canons of Ri-
of JRipon the Canonries shall from henceforth be in the Pp" ■"** ^""
Patronage of the Bishop of Mipon for the Time being, and not ap^inted by
of -the Archbishop of Yorky and that it shall not be necessary the respective
for the Person to be appointed a Canon in the said Church to B»*op««
be nominated by the Chapter thereof; and that the Bishop
of JRipon for the Time being shall be the Visitor of the said
Chapter, and not the said Archbishop of York; and that in
the Collegiate Church of Manchester, so soon as the See of
Manchester shall have been founded, and every Person who
shall be a Member of the said Cltapter at the passii^ of this
Act shall have ceased to be such Member, the Canonries shall
be in the direct Patronage of the Bishop of Manchester for
tlve Time being, who may, upon the Vacancy of any Canonry,

U M 4 collate

914 Cap. 113. Ecdesiastieal Duties and Revenues. 3&4Vicr.

collate thereto a Spiritual Person, who shall thereupon be

entitled to Installation as a Canon of the said last-mentioned

Church.

Qualification XXVII. And be it enacted, That no Person shall hereafter

orDeaiis,Areh. \yQ capable of receiving the Appointment of Dean, Arch-

^^^ deacon, or Canon until he shall have lieen Six Years complete

in Priest's Orders, except in the Case of a Canonry annexed
to any Professorship, Headship, or othel* Office in any
University.
Repeal of Sea. XXVIII. And be it enacted, That in every Cathedral or
tolmfoi^ap^^- Collegiate Chapter wherein there exists any Statute or Custom
priating sepa- for assigning to the Dean or to any Canon any Land, Tithes,
rate Ettates. or Other Hereditament, in addition to his Share of the

Corporate Revenues, or for appropriating separately to the
Dean or any Canon during his Incumbency the Proceeds of
any Land, Tithes, or other Hereditament, Part of the Cor-
porate Property of the Chapter, every such Statute and Custom,
or every such Part thereof as relates to such Assignment or
Appn^riation, shall be repealed and annulled as to all Deans
, and Canons hereafter appointed: Provided nevertheless, that
! anv small Portion of Land situate within the Limits and Pre-
' : cincts of any Cathedral or Collegiate Church, or in the Vicinity
' ' of any Residentiary House, may be reserved to such Church,
j or permanently annexed to such Residentiary House, by the
Authority herein-after provided.
Anneiation of XXIX. And be it enacted, That the Rectory of the Parish
Md^^Kte^ of Saint Margaret in the City of Westminster shall immediately
to Two Canon- bccome and be permanently annexed and united to the Canonry
ri« of West- in the said Collegiate Church of Saint Peter fVestminster held by
imnster. Henry Hart Milman Clerk, Master of Af ts, and the Rectory of

the Parish of Saint Mm in the same City shall immediately
•become and be permanently annexed and united to the Canonry
in the same Church held by John Jennings Clerk, Master of
Arts; and the said Henry Hart Milman and his Successors, and
the Successors of the said John Jennings, in the said respective
Canonries, shall, as Canons of the said Church, become ipso
facto Rectors of the said respective Parishes and the Parish
Churches thereof, to all Intents and Purposes; and the said
Parishes shall become and be Part of the Province ot Canter-
bury^ of the Diocese of Lomdony and of the Archdeaconry of
Middksex; and the said Parishes, and the Rectors and other
Ministers and Officers thereof, shall, in Ecclesiastical Matters,
be subject only to the Jurisdiction of the Archbishop of
Canterbury^ the Bishop of London^ ^nd the Archdeacon of
Middlesex respectively, in the same Manner as other Parishes in
the said Provmce, Diocese, and Archdeaconry are respectively
subject thereto, and be exempted and relieved from all other
Ecclesiastical Jurisdiction whatsoever: Provided always, that
nothing herein coi^tained shall in any Maimer affect or pre-
judice any of the Rights, Customs, or Claims of the Parishioners
of the said Parish of Saint Margaret^ or the Vestry or Church-
wardens thereof for the Time being, nor render them liable to

6 or

1840. Ecdmastical IhiHes and Revemui. Cap. 113. 915

or chargeable with the Repairs of the said Broadunxy CJiapel
further or otherwise than as they now are or may become
liable thereto by any Law in force at the Time of the passing
of this Act

XXX. And be it enacted, That such One of the Prebendal Rectory House
Houses belonging to the Chapter of the said Collegiate Church ^^ M«rga-
of Saint Peter Westminster as shall be determined on by the
Authority herein-^fter provided shall be, as soon as conve-
niently may be, exempted from the Rule of Option subsisting

in the Chapter thereof, and be permanently annexed to the said
Canonry now held by the said Henry Hart Mihrnan^ and shall
thenceforth be the* House of Residence for the Rector of the
said Parish of Saint Margaret for the Time being.

XXXI. And be it enacted. That when and so often as, iKtinonand
according to the Statutes or Usages of the Chapter of the said ^PPiJf^'*'" *^
Collegiate Church of Saini Peter Westminster^ any Dividend ^j,^ ^wo Ca-
or Division shall be made of any Profits or Emoluments, from nonria of
whatever Source accruing, or any Stipend or other Sum of Wertminrter.
Money shall beqome payable to the Members of the said -^ ^-T^^ Jj^
Chapter as such Members, the Shares of such Profits and
Emoluments, which, according to such Statutes or Usages, shall

be found to belong to the said Two last-mentioned Canonries,
or the Incumbents thereof respectively, and every such Stipend
or other Sum of Money so payable to such Incumbents re-
spectively, instead of being paid to such Incumbents or either
of them, shall, by the Treasurer for the Time being of the
said Chapter, be divided into Twelve equal Parts; and Eight
only of such Parts shall be paid to or for the Use of the
Incumbents for the Time being of the said Canonries re-
spectively, and the remaining Four Parts shall be paid in such
Manner and to such Uses as shall by the Authority herein-after
provided be directed : Provided always, that so much of the
last-mentioned Monies as shall appertain to the Canonry now
held by the said Henry Hart Milman shall be applied, in such
Proportions as by the like Authority shall be determined,
towards providing a House or Houses of Residence for the
Minister or Ministers of One or more District Church or
Churches in the said Parish of Saint Margaret, and for endowing
such Minister or Ministers, and the Minister of Broadway
Chapel in the same Parish ; and so much of the said Monies
as shall appertain to the Canonry now held by the said John
Jennings shall be in like Manner applied towards providing a
House or Houses of Residence for the Minister or Ministers of
One or more District Church or Churches in the said Parish of
Saint John^ and for endowing such Minister or Ministers.

XXXII. ^And whereas, under the first-recited Act, certain New Archdea-

* new Archdeaconries therein named may, by the Authority ^f^^^J?*^

* thereby provided, be created, and Districts may be assigned h^ may be**
' thereto, and the Limits of the existing Archdeaconries and fonned.

' Rural Deaneries may be newly arranged : And whereas it is

* expedient to extend the Power of creating new Archdeaconries

* and Rural Deaneries;' be it enacted, That in any Case in

which

916

Bishops of
London and
Lincoln may
appoint an
Archdeacon to
the new Ca-
nonry of St.
Paul's and
Lincoln.

PiOTtsion for
Archdeacon-

ries.

->

•^rrcja^

y

]&SVict.c.]06.

Cap. ] 13. Ecdmastical Duties and Mevinuts, 8 & 4 Vict.

which it shall appear, upon tlie Representation of the Bishop,
to be proper to divide any Archdeaconry or Rural Deanery on
account of the Magnitude thereof or any other peculiar Cir-
cumstance connected therewith, such Archdeaconry or Rural
Deanery may, by the Authority herein-after provided, be divided
into Two or more Portions, and each of such Portions may be
constituted a separate Archdeaconry or Rural Deanery, as the
Case may be, and a District may be assigned thereto; pro-
vided always, that no such Division shall be made without
the Consent of the Bishop under his Hand and Seal.

XXXIIL And be it enacted. That the Bishops of London
and Lincoln respectively may forthwith and from Time to
Time appoint One of the Archdeacons of their respective Dio-
ceses to the new Canonries hereby added to the respective
Chapters of the Cathedral Churches of Saint JPaid in London
and of Lincoln ; and that every Archdeacon so appointed to
a Canonry shall thereupon become and be a Canon of the
Cathedral Church of Saint Paul or Lincoln^ and a Member of
the Chapter of such Church, to all Intents and Purposes, and
possessed of and entitled to the like Rights, Privileges, Dig-
nities, and Emoluments as are possessed by other Canous in
the same Church, subject nevertheless to the Provisions herein
contained.

XXXIV. And be it enacted, That, so soon as conveniendy
may be, and by the Authority herein-after provided, subject
to the Consent of the Bishop, any Archdeaconry may be
endowed by the Annexation either of an entire Canonry or of
a Canonry charged with the Payment of such Portion of its
Income as shall be determined on towards providing for
another Archdeacon in the same Diocese, or with such last-
mentioned Portion of the Income of a Canonry, or by Augmen-
tation out of the common Fund herein-after mentioned,
provided that the said Augmentation shall not be such as to
raise the average annual Income of any Archdeaconry to an
Amount exceeding Two hundred Pounds; and that no Canonry
sluill be so charged with the Payment of a Portion of the
Income thereof to any Archdeacon, unless the avera^ annual
Income of such Canonry, after the Payment of such Portion as
aforesaid, shall amount to or exceed Five hundred Pounds:
Provided always, that no Archdeacon shall be entitled to hold
any Endowment or Augmentation, or other Emolument as
such Archdeacon under the Provisions of this Act, unless he
shall be resident for the Space of Eight Months in every Year
within the Diocese in which his Archdeaconry is situate, or as
to any present Archdeacon, within the Diocese in which his
Archdeaconry was situate before the passing of the first-
recited Act, subject to the same Provisions as to Licences for
Non-residence which are enacted with respect to Incumbents
of Benefices by an Act passed in the Second Year of Her
present Majesty, intituled An Act to abridge t/ie lioldijig of
Benefices in Plurality^ and to make better Provision for tlie Residence
of the Clergy.

XXXV. And

1840. Ecdetioitkal jOutia and Revenues. C&p. 113. 917

XXXV. And be it enacted, That Instead of appointing One Further Pro-
Archdeacon to either of the new Canonries respectively founded J^n^^^™***

in the Cathedral Churches of Saint Paul in London and of ^^^/^^^ vV
Lincoln^ or of annexing a Canonry in any Cathedral or Col- ^ '^

legiate Church to an Archdeaconry as aforesaid charged with
any Payment to ' another Archdeacon in the same Diocese,
the Rights, Duties, and Emoluments of any Canonry, the
average annual Income of which may exceed Eight hundred
Pounds, may, by the Authority herein-after provided, be
annexed to Two Archdeaconries jointly within tlie same
Diocese, not otherwise competently endowed, each Archdeacon
taking his Turn of Residence for such Time, and taking such
Share of the Emoluments, as shall be directed by the Scheme
and Order authorizing such Annexation ; and each Archdeacon
shall during his Turn of Residence have all the Rights and
Privileges of a Canon (except as to the Division of the Emolu-
ments); and every future Archdeacon whose Archdeaconry
shall be endowed as last aforesaid shall be deemed the Holder
of Cathedral Preferment within the Meaning of the last-recited
Act

XXXVI. And be it enacted, That, so soon as conveniently Provision for
may be, and by the Authority herein-after provided, the ^« Archdat-
Canonry remaining in the Collegiate Church of Southwell shall Sli^ham an?
be annexed to the Archdeaconry of Nottingham^ and a better the Parish of
Provision shall be made for the Cure of Souls in the Parish Southwell.

of SouthxoeU by the Application of so much of the Revenues ^ ^^^^ *^^yz
arising from the suspended Canonries in the Collegiate Church
of Souihwetti and in such Manner as shall by the like Authority
be determined on.

XXXVIL And be it enacted, That, so soon as conveniently Further Pro.
may be, and by the Authority herein-after provided, such vision for the
Arrangements shall be made with respect to the Deanery and ^^^^1^*^ ^^
Canonries in the Cathedral Church of Durham, and their ^^f^c^ Jfces^x/
Revenues, as, upon due Inquiry and Consideration of an Act ^ '

passed in the Second Year of the Reign of His late Majesty,
intituled u^n ^c^ to enaltle the Dean and Chapter ^Durham to 2&SW.4. c.i9.
appropriate Part of the Property of their Church to the Establish*^
ment of a University in connexion therewith for the Advancement
of Learning^ and of the Engagements entered into hy fVilliam
Tate Bishop of Durham and the Dean and Chapter of Durham^
shall be determined on, with a view to maintaining the said
University in a State of Respectability and Efficiency ; pro-
vided that in such Arrangements due regard shall be had to
the just Claims of any existing Officer of the said University.

XXXVIII. And be it enacted, That the Canonries of the Provision for
Cathedral Church of Saint David shall be in the direct ^« Chapter of
Patronage of the Bishop of Saint David's^ and that so soon as ^^ Archdoi^
conveniently may be the Canons may be respectively instituted conry of Car-
or licensed, as the Case may be, to the Cure of Souls in the ^^^^
Parish of Saint David; and the whole divisible Corporate ^^^^fi
Revenues shall be divided into Twenty-four Parts, Ten ^f^^vy^"*'^T^5^
which Parts shall be assigned to the Dean, and Five to each -^ ^v^^-*

Canon,

918

Provision for
Archdeaconries
of Brecon and
Carmarthen.

Provision for
the Chapter of
Liandaff.

Separate Pa-
tronage of
Members of
Chapters to be
vested in the
BishopSi

spiritual Per-
son not to sell
or assign any
Right of Pa-
tronage.

Haselej- Recto-
ry to be severed
from the Dean-
ery of Windsor.

Cap. 113. EccksiaOical Duties and Bevemes. 3 & 4 Vicr.

Canon, and the remaining Four Parts shall be assigned as an
Endowment to the Archdeacon of Cardigan.

XXXIX. And be it enacted. That, so soon as conveniently
may be, and by tlie Authority herein-after provided, due Pro-
vision shall be made out of the Endowments belonging to the
Prebends in the Collegiate Church of Brecon for the Arch*
deaconries of Brecon and Carmarthen.

XL. And be it enacted, That the Archdeacon oi Uandaff
shall from henceforth be also Dean of the Cathedral Church of
Llandaffi and that, so soon as conveniently may be, the Canons
of the said Church may be instituted or licenscki, as the Case
may be, to the Cure of Souls in the Parishes o( Uandaff' and
Whitchurch respectively ; and, after the Reservation to the Lord
Bishop of Uandaff of One Seventh Part (being his present
Share) of the whole divisible Corporate Revenues, tne Re-
mainder thereof shall be divided among the Three Members
of the Chapter, in the Proportions of One Half to the Dean
and One Quarter to each of the Canons.

XLL And be it enacted, That, subject to the Provisions ,
herein-after contained, the Patronage of all Benefices with
Cure of Souls possessed by Deans and other individual
Members of Chapters in right of any separate Estates held
by them as such Members, or possessed by Prebendaries,
Dignitaries, or Officers not residentiary, in right of their Pre-
bends, Dignities, or Offices respectively, shall be transferred to
and vested in the respective Bishops of the Dioceses in which
the Benefices shall be respectively situate, subject nevertheless
to all such Provisions respecting the Apportionment or Ex-
change of Ecclesiastical Patronage as are contained in the first
herein-before recited Act: Provided always, with respect to
any Benefice now or heretofore possessed by any Dean in right
of any separate Estate held by him as such Dean, that every
future Dean of the same Deanery may, upon any Vacancy of
such Benefice, present himself thereto; that with respect to
Benefices in the Patronage of the Prebendaries of the Col-
legiate Church of SauthweU^ the same shall, so soon as con-
veniendy may be, and by the Authority herein*a(ter provided,
be transferred so as to become vested, as the Prebends fall in
respectively, partly in the Bishop of Ripon and partly in the
Bishop of Manchester^ in such Proportion as shall be determined
on; and that upon the Vacancy of any such last-mentioned
Benefice before the Patronage thereof shall have been so
transferred as aforesaid it shall be lawful for the Bishop of
Bipon for the Time being to present thereto.

XLIL And be it enacted. That it shall not be lawful for any
Spiritual Person to sell or assign any Patronage or Presentation
belonging to him by virtue of any Dignity or Spiritual Office
held by him, and that every such Sale or Assignment shall be
null and void to all Intents and Purposes.

XLIIL And be it enacted. That in the Construction of this
Act the said Free Chapel of Saint George in Windsor shall be
held to be included in the Term CoHegiate Church, and that

immediately

1840. Ecdetiastieal DutUs and Revenues. Cap. 113. 919

immediately upon the first Vacancy of the Deanery of the said
Free Chapel so much of an Act passed in the Reign of Queen
Afine, for annexing the Rectory or Parsonage .of Haseley to
the Deanery of the said Free Chapel, as relates to the Rectory,
Parsonage, and Parish of Hasdey^ shall be repealed, and the
Rectory of Haseley in the County of Oaford shall be absolutely
detached and dissevered from the said Deanery, and, subject
to such Appropriation of the Revenues thereof as shall be
determined on by the Authority herein-after provided, shall be
in the Patronage of the Chapter of the said Chapel : Provided
always, that such Patronage shall in the first instance be
exercised in favour of William Birhett Clerk, if at the Time
of such Vacancy he shalt be Curate of the Parish of Haseley.

XLI V. And be it enacted, That upon tlie Vacancy of any Exercise of
Benefice in the Patronage of the Chapter of any Cathedral or Pf*"n««« ^^

^^ 11 • ^t % 1 ° ^» 1 11 • Chapters.

Collegiate Church, the Chapter shall present or nommate xx/^^^
thereto either a Member of such Chapter, or one of the Arch- ^ ^

deacons of the Diocese, or a non-residentiary Prebendary or
Honorary Canon, as the Case may be, or any Spiritual Person
who shall have served for Five Years at the least in the Office
of Minor Canon or Lecturer of the same Church, or of Master
ot the Grammar or other School (if any ) attached to or connected
with such Church, or as Incumbent or Curate in the same Dio-
cese, or as public Tutor in either of the Universities of Oxford
and Cambridge^ or who, so far as relates to the Cathedral
Church of Dtarham^ shall have served for the like Term in the
Office of Professor, Reader, Lecturer, or Tutor in the said
University of Durham^ or shall have been educated thereat,
and shall be. a Licentiate or Graduate in Theology therein, or
who shall have served as Incumbent or Curate within the
same Diocese for the Period aforesaid ; and that every such
Office of Minor. Canon, Lecturer, Schoolmaster, Professor,
Reader, Lecturer, or Tutor shall • immediately upon die Expi-
ration of One Year from the Time of his Institution to such
Benefice, if not previously resigned, become and be vacant ; and
that if neither a Member of the Chapter nor an Archdeacon of
the Diocese, nor a Minor Canon nor Lecturer, nor such
Scholomaster, Incumbent, or Curate, Professor, Reader, Lec-
ttirer, Tutor, Licentiate, or Graduate, as the Case may be^ shall
be presented or nominated to such Benefice within Six Calendar
Months from the Time of the Vacancy thereof, the Bishop of
the Diocese in which the same is situate may within the next
Six Calendar Months collate or license thereto a Spiritual
Person who shall have actually served within such Diocese, as
Incumbent or Curate, for Five Y^ears at the least ; and if no
such Collation or Licence shall be granted within such Time»
the Right of Presentation or Nomination to such Benefice for
that Turn shall lapse to the Archbishop of the Province.

XLV. And be it enacted, That from henceforth the Right Minor Canons
of appointing Minor Canons shall be in all Cases vested in the ^ ^e appointed
respective Chapters, and shall not be exercised by any other ^^^S^^ ^ yr-
Person or Body whatsoever ; and that so soon as conveniently i

may j

9t20 Cap. lis. Eeclmeutieal Duties cmd IUvenu£». 38c4yicr.

may be, aad by the Authority herein-after provided, Regula^

tions shall be made for fixing the Number and Emoluments

of such Minor Canons in each Cathedral and Collegiate Church ;

Their Number provided that there shall not in any Case be more than Six tior

and Salary. j^gg ij^j^ 'j'^^ , ^^^ ^j^^ ^.j,^ Stipend of each such Minor Canon

hereafter to be appointed shall not be less than One hundred

and fifty Pbunds per Annum ; and that Arrangements may from

Time to Time be .made by the like Authority for securing to

any Minor Canon not otherwise competently provided for such

annual Sum as shall make up to him an Income as Minor C«non«

not exceeding in any Case the said Sum of One hundred and

fifty Pounds*

Minor Canon* XLVI. And be it enacted, That no Minor Canon here-

B^fic^bfyo^d ^^^ ^^ ^^ appointed in any Cathedral or Coll^iate Church

Six MUe«. shall be allowed to take and hold together with his Minor

Wr^ Jf^ y^ Canonry any Beuefice beyoud the Limit of Six Miles from such

Church.
Chapters, or XL VII, And be it enacted. That the Chapters of the several

DeS to?^ Cathedral and Collegiate Churches shall from Time to Time,
pose Alterations of their own Accord, or upon being required by the Visitors
intheirStatutes. of the Said Churches respectively, propose to such Visitors
/^/ry^J^«/'^<^ such Alterations in the existing Statutes and Rules as shall

provide for the Disposal of the Benefices in their Patronage,
BO as to meet the just Claims of the Minor Canons of such
Churches, and as shall make them consistent with the Constitu*
tion and Duties of the Chapters respectively as altered under
the Authority of this Act; and all such Alterations, if approved,
may be confirmed by the Authority of such Visitor ; and that
in any Case in which such Alterations shall not be approved,
or in which such Requisition shall not be complied with within
Twelve Calendar Months after the making thereof, the Visitor
shall be at liberty of himself to make the necessary Altera-
tions ; and all such Statutes and Rules when so altered shall be
submitted to the Ecclesiastical Commissioners for J^iffland, and
may be confirmed by the Authority herein-after provided ; and
that as to any Alteration made by a Visitor alone, the said Com-
missioners shall communicate a Draft thereof to the Chapter to
be afiected thereby, and shall, together with any Scheme to be
prepared by them under the Authority herein-after contained,
lay before Her Majesty in Council such Remarks as may within
Three Months have been made thereon by such Chapter ; and
that out of the Proceeds of the suspended Canonries in any
Chapter Provision may from Time to Time be made, by die
Authority herein-after provided, for rdieving the present Ca-
nons of such Chapter from the Performance of any additional
Duty by reason of such Suspension, by the Employment of
Substitutes, to be approved by the re^)ective Bishops: Pro-
vided always, that notiiing herein contained shall be construed
to affect any existing Right of Chapters with their Visitors to
make Statutes.
sT/cSi^'iUc^ XLVIIL And be it enacted. That all Ecclesiastical Rectories
tories. without Cure of Souls in the sole Patronage of Her Majesty,

y^^r/^cs^y^/7 5 or

1840. Eeeieiiaattcal Didus and Bevenues. Cap.lia 921

or of any Ecclesiastical Corporatbn, Aggregate or Sole, where
there sliall be a Vicar endowed or a Perpetual Curate, shall, as '
to all such Rectories as may be vacant at the passing of this
Act immediately upon its so passing, and as to all others im-
mediately upon the Vacancies thereof respectively, be suppressed;
and that as to any such Ecclesiastical Kectory without Cure of
Souls, the Advowson whereof or any Right of Patronage
wherein shall belong to any Person or Persons or Body Cor-
porate other than as aforesaid, the Ecclesiastical Commissioners
for England shall be authorized and, empowered to purchase and
accept Conveyance of such Advowson or Right of Patronage,
as the Case may be, at and for such Price or Sum as may be
agreed upon between them and the Owner or Owners of such
Advowson or Right of Patronage, and may pay the Purcliase
Money and the Expences of and attendant upon such Purchase
out of the common Fund herein-after mentioned; and that
after, the Completion of such Purchase of any such llectoryi
and upon the first Avoidance thereof,, the same shall be sup-
pressed ; and that upon the Suppression of any such Rectory as
aforesaid all Ecclesiastical Patronage belonging to the Rector
thereof as such Rector shall be absolutely transferred to and be
vested in the original Patron or Patrons of such Rectory.

XLIX. And be it enacted. That all the Profits and Emo- Profits or sus-
luments of each and every Canonry suspended by or under pcnded Canon-
the Provisions of this Act, whether consisting of or arising ^ ^^ ^^i^
from Rents, Fines, Compositions, Dividends, Stipends, or other , Estates Tested
Emoluments whatsoever, shall forthwith, as to every such '? ^^ CpmmSs-
Canonry vacant at the passing of this Act, and as to every !^y/V^^ ^^ /
other immediately upon and from the Vacancy thereof, and y r/

from Time to Time, be paid to the Ecclesiastical Commissioners
for Enffland for the Purposes of this Act in like Manner as tlie
Holder of such Canonry, if he had remained in Possession, or
the Successor thereto, if a Successor had been appointed, and
had duly qualified himself by Residence and otherwise according
to the Statutes and Usages of his Church to receive his full
Portion of the Emoluments thereof, would have been entitled
to receive the same ; and that all the Estate and Interest, if
any, which such Successor would have had in any Lands,
Tithes, and other Hereditaments (except any Right of Patro-
nage) annexed or belonging to or usually held and enjoyed with
such Canonry, or whereof the Rents and Profits have been
usually taken and enjoyed by the Holder of such Canonry, as
such Holder separately and in addition to his Share (if any) of
the Corporate Revenues of such Chapter, shall forthwith, as to
all Vacancies subsisting at the passing of this Act, and as to ali
others immediately upon such Vacancies respectively, accrue to
and be vested absolutely in the Ecclesiastical Commissioners
for England and their Successors for the Purposes of this Act*
without any Conveyance thereof or any Assurance in the Law
other than the Provisions of this Act : Provided nevertheless,
that tlie Profits and Emoluments arising from Corporate Reve-
nues belonging to the Canouries suspended in the Clmpters o£

the

923 Cap. 118. Ecclesiastical Duties and Beuenues. 3&4Vicr.

the Cathedral Churches of Chester^ Lichfield^ and Ripan respec-
tively shall become) as the Vacancies occur, Part of the divisible
Corporate Revenues of the said Chapters respectively : Provided
also, that nothing herein contained shall be construed to affect
the Right of any Chapter, according to the Statutes or Customs
of such Chapter in force at the passing of this Act, to make
due Provision out of the divisible Corporate Revenues for the
Maintenance of the Fabric, the Support of the Grammar School,
if any, and all other necessary and proper Expenditure.
Separate Es- L. And be it enacted, That, subject to the Provisions herein

crx«MidCMon- cow^n^d, all the Estate and Interest which the Holder of any
lies not sus- Deanery or Canonry not suspended bjr or under the Provisions
pendedtovcst of this Act, and his Successors, have and would have in any
i?onen. Lands, Tithes, and other Hereditaments or Endowments what-

^//"^-^^ y^ / ^^^^^ annexed or belonging to or usually held^or enjoyed with
^ ^ ^^ such Deanery or Canonry (except any Right of Patronage), or

whereof the Rents and Profits had been usually taken and
enjoyed by the Holder of such Deanery or Canonry as such
Holder se{)arately and in addition to bis Share of the Cor-
porate Revenues of such Chapter, shall, without any Conveyance
or Assurance in the Law other than the Provisions of this Act,
accrue to and be vested absolutely in the Ecclesiastical Com mis-
sioners for England^ and their Successors, for the Purposes of
this Act
EBtataofNon- LI. And be it enacted, That all Lands, Tithes, and other
FrebenX*^- Hereditaments, excepting any Right of Patronage, and all other
vested in Com- the Emoluments and Endowments whatsoever belonging to the
misBioDers. Deaneries of Wolverhampton^ Mtddlehaniy Heytesbunfj and Brec&tiy
'^i/'S'/o J^ </ ^4^^xA to the Dignity or Office of Sub- Dean, Chancellor of the
^^7 Church, Vice Chancellor, Treasurer, Provost, Precentor, or

Succentor, and to any Prebend not residentiary in any Cathe-
dral or Collegiate Church in Enfflandj or in the Cathedral
Churches of Saint Davids and lAandaff, or in the Collegiate
Churchof JBreccwi, or enjoyed by the Holder of any such Deanery,
Dignity, Office, or Prebend as such Holder, shall, as to all such
of the said Deaneriea* Dignities, Offices, and Prebends respec-
tively as may be vacant at the passing of this Act immediately
upon its so passing, and as to all others immediately upon the
Vacancies thereof respectively, without any Conveyance or As-
surance in the Law other than the Provisions of this Act, accrue
to and be vested absolutely in the Ecclesiastical Commissioners
for England and their Successors for the Purposes of this Act :
Provided always, that all other Rights and Privileges whatsoever
now by. Law belonging to any of such Dignities, Offices, or
Prebends, except the said last*named Deaneries, shall continue
to belong thereto, except so far as any of such Rights or Pri-
vileges may be controUed or affected by any of the Provisions
of this Act respecting the Right of Election now exercised by
any Chapter: Provided always^ that nothing herein contained
shall in any Manner apply to or affect any Dignity, Office, or
Prebend which is permanently annexed to any Bishoprick, Arch-
jdeaconry, Professoi-ship^ or Lectureship, or to any School or

the

1840. JSaJesioiticttl Duties and Revenues. Cap. lia 923

the Mastership thereof^ or the Prebends of Burgham^ Bursalis,
Exceii, and IVyndhamj in the Cathedral Church of Chichester.

LII. Provided nevertheless, and be it enacted, That so much Proriaorespeet-
and such Parts of the Lands, Tithes, or other Hereditamente jgj^*^^"**
annexed or belonging to or usually held and enjoyed with the ^y^ ^ ^^ ^y ^^
respective Deaneries or any of the Dignities or Canonries of t 7 ^'^

^ the Cathedral Churches of VorA, ChidiesteTf Exeter^ Hereford^

Udifidii Saltdntn/f and Wells respectively, or belonging to the
Preben<b not residentiary in such Churches, as may be deemed

? roper, shall, by the Authority herein-after provided, be from
Ime to Time, upon the Vacancies of the said respective Dean-
eries, Dignities, Prebends, or Offices, transferred to and vested
in the Chapters of the said last-mentioned Churches respectively,
i\' so as to augment the divisible Corporate Revenues of such

Chapters, or be applied by the like Authority to make such
Provision for the Deans of the said Cathedral Churches respec-
i: \ tively as l^ the like Authority shall be deemed just and proper.

at. LIIL Provided also, and be it enacted, That in any Cathedral CominuBionen

ot- Church on the old Foundation in which any Contribution to the ?"y contribute,

nof Fabric Fund of such Church has heretofore, either usually or to^^cFiuid!!

Vc: occasionally, been made out of the Rents, Profits, or Proceeds ^p^yv^ j&- ^^^

Qi\. of any Lands, Tithes, or other Hereditaments so vested or to / /

J i{ be vested in the Ilcclesiastical Commissioners for England^ it

shall be lawful for the said Commissioners to contribute to
ili^ such Fund such Sum as they shall deem necessary, out of the

^^^ Rents, Profits, or Proceeds of the same Lands, Tithes, or other

^ Hereditaments, not exceeding in Amount the Proportion of

..^ such Rents, Profits, or Proceeds which has usually been applied

^1,,, to like Purposes.

^ ^ LIV. And be it enacted, That upon the Suppression of any Endowmenu of

J^l^. Ecclesiastical Rectory without Cure of Souls all the Estate and aupprened sU

^^ Interest which the Rector thereof, or his Successor, has or had, JJ^^^^n "

^;^i^ or would have or have had, as such Rector, in any Lands, Comminioiien.

Ij^i^ Tithes, or other Hereditaments or Endowments whatsoever, ^^j^v^ J^ •^

.^^ shall, without any Conveyance thereof or any Assurance in the

\^ Law other than the Provisions of this Act, accrue to and be

^^^ ve8te4 in the Ecclesiastical Commissioners for England and their

x^ Successors for the Purposes of this Act.

LV. And be it enacted. That if in any Case it shall appear As to certain

>

to be expedient, on account of the Extent or Population or «^®^"'* '^-

tones.

other peculiar Circumstances of the Parish or District in which
^T[. ' cmy such Rectory without Cure of Souls shall be situate, or from

' ^ ' the incompetent Endowment of the Vicarage or Vicarages, or

^^ Perpetual Curacy or Curacies, dependent on such Rectory, to '

^ annex the Whole or any Part of the Lands, Tithes, or other

^l^ Hereditaments or Endowments belonging to such Rectory to

. such Vicarage or Vicarages, Curacy or Curacies, such Annex-

^^, ation may be made, and any such Vicarage or Curacy may be

'^ •, constituted a Rectory with Cure of Souls by the Authority

^''' herein-after provided; and that wherever any Rectory here-

'^'^^ tofore deemed a Rectory without Cure of Souls l^s been held

^^ together with the Vicarage dependent thereon, for the Period of i

'^^ [No. 59. iVice IMl] »N Twenty \

924 CSaptllS. Eeekiiadieal Duiiei and Revemie$. 3&4VicT.

Twenty Years last past, the same shall not be iconstrued to be a
Rectory without Cure of Souls within the Meaning of this Act»
but such last-mentioned Rectory and Vicarage shall conUnue
and be permanently united, and shall be a Rectory with Cure
of Souls ; subject nevertheless to all the Provisions of the thirdly-
recited Act, and to the Provisions of this Act which relate to
the Division of Benefices or the Apportionment of the Incomes
thereof.
Estatesof newly LVI. And be it enacted. That upon the Endowment of any
oidowed Arch- Archdeaconry by either of the Modes of Endowment herein
Tested inCom- provided, and with the Consent of the Bishop of the Diooese
missionen. and of any Archdeacon in Possession at the Time of the

passing of ^is Act, all Lands, Tithes, and other Hereditaments
(exceptany Right of Patronage) belonging tosuchArchdeaoonry
at the Time of such Endowment may, by the Authority herein-
after provided, be vested in the Ecclesiastical Commissioners
for England^ and their Successors, for the Purposes of this Act ;
and any Benefice annexed to such Archdeaconry may be, by
the like Authority, disannexed therefrom, and the Patronage
of such Benefice shall thenceforth revert to the Patron to whom
it belonged before such Annexation, subject to any Transfer
ef Patronage provided by this Act.
Commnnonen LVIL And be it enacted. That the Eccl^iastical Commis^
p ^*^ rf ^^ sioners for England shall, for the Purpose of enforcing Payment
forcing Pay-* ^ ^^ Profits and Elmoluments to be paid to them, and of
ment8» &c obtaining Possession of all Lands, Tithes, or other Heredita-
ments vested in or accruing to them as aforesaid, and of reoo*
vering the Rents and Profits thereof, have and enjoy all Rights^
Powers, and Remedies, at Law and in Equity, which belonged
or belong, or would belong or have belonged^ to the Holder
of the Deanery, Canonry, Prebend, Dignity, or Office^ or the
Rector of the Rectory, in respect of which such Profits and
Emoluments, Lands, Tithes, and other Hereditaments and
Endowments respectively, are by or under the Provisions of
this Act to be paid or to accrue to and be vested in the said
Commissioners.
Appropriat'ion LVHL And be it enacted, Tliat, so soon as conveniently
of Resideooe jj^^y \^^ Measures shall be taken by the Deans and Chapters il£
wMt^. ^^ several Cathedral and Collegiate Churches for the Disposal

x/r/'c^Jay y/^ ^^ ^^^^ Residence Houses now under their Control, and
'^ ^ Houses attached to any Dignity, Office, or Prebend in the

Precincts of the respective Cathedral and Collegiate Churches

as may no longer be required, in such Way as they shall deem

fit, according to Plans be from Time to Time prepared by the

respective Chapters, and, when approved by the Visitors, be

submitted to the Ecclesiastical Commissioners for England^ and

may be confirmed by the Authority hereiuHEifter provided.

i&syiete.ss., LIX. And be it enacted, That it shall be lawful for the

ridCTwf Ho^*" said Commissioners to authorize any Dean or Canon of any

to apply to Caithedral Church to raise Monies on his Deanery or Canonry^

Deaos and for the Purpose of building, enlarging, or otherwise improving

jg^^^^j^^^/^ th^ Residence House thereof, on such Terms and Conditions

1840. Eccleriattical Duties and Bevenm- Cap. 1 la 925

at the said Commissionersi with the Concurrence of the
Bishop and the Chapter, shall approve ; and all the Provisions
of an Act passed in the First Year of the Reign of Her present
Miyesty, intituled An Act to amend the Law for pramding fit
Houses for the Beneficed Clergy, shall be applied^ mutatis mutant
dis, to all such Cases in which finy Dean or Canon shall be
authorized as aforesaid to raise Monies on his Deanery or
Canonry for the Purpose aforesaid.

LX. Ai^d be it enacted. That an Act passed in the Sixth Repeal of
Year of the Reign of His late Majesty, intituled An Aa for Itt^'t't^'*
protecting the Revenues of vacant Ecclesiastical Dignities^ Prdfends, ^^^ s&sVict. '
CanonrieSi and Benefices with Cure ofSouk, andforpreoenting the e.55.
Lapse thereof during the pending Inquiries'reqtecting the State of the
BiOablished Church in England and Wales ; and also another Act
passed in the Seventh xear of the Reign of His late Majesty,
intituled An Act for sutpending for One Year Appointments to
certain Dignities caid Offices in Cathedral and CoUyiate Churches^
and to sinecure Rectories ; and also so much of another Act passed
in the last Session of Parliament, intituled An Act to suspend
until the First Dag of August One thousand eight hundred^ and
finig certain Cathedral and other Ecclesiastical Pr^ermentSy and
the Operation of the neux Arrangement of Dioceses upon the existing
Ecclesiastical Courts^ as relates to the Two last-recited Acts of
the Reiffn of His late Majesty, be and the same are hereby
repealed except only as to the Dioceses or Cathedral Churches
of Saint Asaph and Bangor^ and as to all Matters and Things
done under the Authority of the said Three last-recited Acts,
or either of them, all which Matters and Things shall remain
in full Force and Effect as if the said Acts were^not repealed;-
and the said Acts, so far as they relate to the said Two last-
mentioned Dioceses and Churches, shall be continued and
remain in force until the First Day of August in the Year
One thousand eight hundred and forty-one, and, if Parliament
shall be then sitting, until the Elpd of the then Session of Par-
liament; but, notwithstanding any thing in the said Acts con-
tained, it shall be lawful for the Bishop of Bangor for the Tiipe
being to collate to any vacant Canonry, Prebend, Dignity, or
Office not having any Estate or Endowment belpnging thereto ;
and that within One Calendar Month after the passing of th^ Treasurer of
Act the Treasurer of the Governors of the Bounty of Queen ^^ Anne'a
Anne shall deliver to the said Ecclesiastical Commissioners for ^oooun^. ^
England a full and particular Account of all Mpnies received
and paid by him under and by virtue of die said Acts or any
of them, and of all Things dope by hiip, and of all Proceed-
ings then pending in respect thereof, except so far as concerns
the said Two last-mentioned Dioceses and Churches ; and that
within such Time after the Delivery of such Account as shall
be specified in any Order made upon him for that Purpose by
the said Commissioners, he shall pay and deliver, qr cause to
be paid and delivered, to the said Commissioners, or into such
Bank as shall be named in such Order, to their Account, for
the Purposes of this Act, all Monies then remaining in his

3 N 2 Hands

926

Cap.lia Ecdetiagtical

and Ref9€nues. 3 & 4 Vict.

Chulinleigh.

ProTuiaii for
St. DaTid^s
College at
Lampeter*

Hands or to liis Account, and all Exchequer Bills and other
Securities for Money, and all Books of Accounts, Papers, and
Writings in his Possession or Power in respect thereof, except
US last herein excepted ; and that it shall be lawful for the said
Commissioners to allow to the said Treasurer in his Accounts such
Sum of Money as shall appear to them to be just and reasonable
in compensation for his Pains and Trouble, and also all proper
Costs, Charges, and Expences incurred in the Execution of
the Trusts reposed in him by the said Acts; and that the
Receipt in Writing of the said Commissioners, under their
Common Seal, shall be an effectual Discharge to the sajid
Treasurer for all Monies and other Things therein expressed
to be received by them ; and this Act shall not in any other
Manner than herein or in the first-recited Act expressly pro-
vided extend or apply to either of the said Two last-mentioned
Dioceses and Cathedral Churches or the Chapters of such
Churches.

LXI. And be it enacted. That the Rectory and Five Pre-
bends of the Church of the Parish of Chulmleiffh in the County
o{ Devon shall immediately become and be permanently an-
nexed and united, and form One entire Rectory and Benefice
(subject and without Prejudice to any existing Lease or Leases
of the Prebendal Houses, Glebes, and Tithes, or any of them) ;
and that the Reverend 'George Hok, the present Incumbent of
the said Rectory and Prebends, and also all future Incumbents
of the said Rectory, shall henceforth hold the same Rectory,
with all and every the Emoluments, Rights, and Privileges of
the said several Prebends attached thereto, as One Benefice to
all Intents and Purposes ; and that the Rector for the Time
being of the said Parish of Chulmleiffh may grant such and the
same or the like Leases of the Houses, Lands, and Tithes of
the same Prebends respectively as have been heretofore
granted, save and except that no such Lease shall henceforth
be granted of the House in which the present Rector resides
or of the Gardens attached thereto; but such House and
Gardens (subject to any such existing Lease as aforesaid) shall
henceforth be deemed and used as the Residence of the Rector
for the Time being of the said Parish, and shall be repaired
accordingly.

LXIL And be it enacted. That, if it be deemed fit, any
Part of the Lands, Tithes, or other Hereditaments, or of the
Rents and Profits thereof which shall be vested in or accrue
to the Ecclesiastical Commissioners for England fi-om or in
respect of the Cathedral Church of Saint David or the Colle-
giate Church of Brecon, may by the Authority herein-after pro-
vided be transferred to the Collie of Saint David's at Lam-
peter, in Exchange for Benefices with Cure of Souls which are
now connected with the said College; and the said College is
hereby empowered upon the Completion of any such Arrange-
ment to convey any such Benefices to such Person or Body
Corporate, and in such Manner, as shall by the like Authori^
be directed.

LXIIL And

}840. Sccleskutieal Duties^ and Sevenms. Cap. 113. 927

LXIII. And be it enacted, That out of the Endowmmts Ho# Proceeds
belonging to the suspended Prebends in the Cathedral Church caSwhS
of Liehfieldj after setting apart so much of the Rents and cbureh of
Profits of the Prebend of Sawley aa hath been heretofore applied Lich6eld, and
as an Addition to the Fabric Fund of the said Cathedral Church, f "woh^JT**
such Provision as shall be deemed fit shall by the like Authority hampton, Hey-
be made for the Rector of the Church of Saint Philip and tesbury» and
for the Perpetual Curate of Christ's Church in Birmingham for ^*^td"' "^
the Time being respectively; and that out of the Endowments, .^r'^^Jh ^^
of whatsoever Kind, belonging to the Collegiate Churches of
IVolverhamptanj Heytesbury, and Middleham better Provision
shall be made by the like Authority for the Cure of Souls
in the Districts or Places with which the said Churches are
respectively connected*

LXIV. And be it enacted, That so much of the Property Endowmenu
belonging to the Collegiate Church of Wiwbome Minster in tlie m-^'"*^''!!
County of Dorset as shall upon due Inquiry be found legally .ppHed'^to Care
applicable thereto, shall by the like Authority be applied of UiePariih»
to the Purpose of making a better Provision for the Cure
of Souls in the Parish of Wimbome Minster in the said
County.

LXV. And be it enacted. That so soon as conveniently may Inquiry into '
be the Ecclesiastical Commissioners for England shall inquire, Hospitabwhich ,
and report to Her Majesty in Council, respecting the State of Jjons SpfrUual
all such Hospitals as were returned as Promotions Spiritual in in the Heign of
the Reign of King Henry the Eighth ; and in those Cases in ^°|-^hth^
which it may appear, upon such Inquiry, that the Endowments ^ ^
of such Hospitals are capable, after satisfying the Qbjects of the
Founder's Bounty, of affording a better Provision for the Cilre
of Souls in the Parishes with which they are connected, the said
Commissioners may in their Report make such Suggestions
as they may deem advisable for effecting such Provision.

LXVI» And be it enacted, That so soon as conveniently Augmentation
may be, and by the Authority herein»after provided, and subject ofc«;'*i?.»m*i*-
to the Provisions herein contained respecting the University ^omlurpiM
of Durham and the Canonries in the Collegiate Church of We^" Revenues of
minster annexed to the Rectories of Saint Margaret and Saint ^f**'.".^^®**
John^ such fixed annual Sums shall be determined on to be paid J^c~^ j^ ^f ^^^
and shall accordingly be paid to the Ecclesiastical . Commis-
sioners for Enghmdj by the Deans and Canons of the Cathedral
Churches of Durham and Saint Paul in London, and the Col-
legiate Churches of WestminUer and Manchester^ as, after due
Inquiry, and a Calculation of the present average annual Reve- .
nues of the Chapters of such Churches respectively, shall leave
to the Dean of Durham an average annual Income of Three
thousand Pounds, and to the Deans of Saint Pouts Westminster
and Manchester respectively an average annual Income of Two
thousand Pounds, and to the Canons of the said Four last-
mentioned Churches respectively the average annual Income of
One thousand Pounds ; and such other annual Sums shall be
determined on to be paid, and shall be accordingly paid, by
the said Commissioners, or such Deductions shall be allowed to I

3N 3 be '

928 Gap.ll& Ecd^ioMiieal Duties (kd['Bemttie9, 8&4Vicr.

be made out of the P^roceeds of any ^usp^tided Cailonry or

CanonrieB, as^ after like Inquiry and Calculatioti, alilill give to

the Dean of every Cathedral and Collegiate Church in E/ng\and

an average annual Income of One thousand Pounds, and to

the Deans of Saird Daioid^s and Liandaff respectively an

average annual Income of Seven hundred Pounds, and to

the r^pective Canons of every Cathedral Church in tlmgland

an average annual Income of Five hundred Pounds, and to the

Canons of the said Churches of Saiid David and Liandaff an

average annual Income of l^ree hundred and £fty Pounds,

and as shall also enable the respective Chapters of Chester

and Ripon to provide for the efficient Performance of all the

Duties of the said Churches and the Maintenance of the IVibrics

thereof,

?^o^ofwJy- LXVIL And be it enacted, That, except as herein other-

niMs at the^ ^^^^ Specified, all the Monies and Revenues to be paid to the

DispoMl of the Ecclesiastical Commissioners for England^ and all the Rents and

Conunianoners. Pi-ofits of the Lands, Tithes, and other Hereditaments vested

and to be vested in them the said Commissioners by and under
the Authority of this Act, together with all Accumulations
of Interest produced by and arising therefrom, shall be from
Time to 'i'ime carried over by the said Commissioners to a
common Fund, and by Payments or Investments made out of
such Fund, or if in any Case it be deemed more expedient,
by means of an actual Conveyance and Assignment of such
Lands, Tithes, or other Hereditaments, or of a Portion thereof,
additional Provision shall be made, by the Authority herein-
after provided, for the Cure of Souls in Parishes where such
Assistance is most required, in such Manner as shall, by the
like Authority, be deemed most conducive to the Efficiency of
the Established Church : Pi*ovided always, that in making any
such additional Provision out of any Tithes, or any Lanck
or other Hereditaments allotted or assigned in lieu of Tithes,
so vested or to be vested in the said Commissioners, or out of
the Rents and Profits thereof, due Consideration shall be had
of the Wants and Circumstances of the Places in which such
Tithes now arise or have heretofore arisen.
^^/^/cJy^v^^ Ar- LXVIII. And be it enacted, That, by the Authority herein*

'^'^'^ lISTconsoii of *^^^^ provided, and for the Purpose of fully carrying into
Bishop or effect any of the Provisions of this Act or of the said first-
Chapter. recited Act, any Sum of Money which shall have been invested

-C-JC<^!fTi4pCc^ in the Public Funds, or in other Security or Securities, in
^T/^f^. 2/c AjU^^"^^^^ ^^^ ^^y Ecclesiastical Body Corporate, Aggregate or
^ ' Sole, may, upon an Application in Writing to the Lcclesiastical

Commissioners for England^ under the Hand and Seal of such
Body Corporate, and in the Case of any Chapter, with the
Consent of the Visitor thereof, be directed to be sold, and the
same shall be sold accordingly ; and the Produce of such Sale
shall be applied to such Purpose and in such Manner as shall
appear most conducive to the permanent Benefit of such Body

(Corporate ; and also, for any like Purpose, and by the like
Authority, any Arrangement may from Time to Thne be tnade
with

1840. Ecelaiasiieal Duiiei and JOmfemm. Cap. 113. 929

with ibe Consent in Writing under the Corporate Seal of any
Bidbop or Chapter, for the Sale, Transfer, or Exchange of
any iknds, Tithes, or other Hereditaments belonging to the
See of such Bishop, or to such Chapter, or for the Purchase
of other Lands, Tithes, or other Hereditaments in lieu thereof
or for substituting in any Case any Lands, Tithes, or other
Hereditaments for any Money Payment.

LXIX. And be it enacted, That, so soon as conveniently Benefices an-
may be, and by the Authority herein-after provided, such ^i^^^^
Arrangements may be made with respect to Benefices which leges may be
are annexed by Act of Parliament or otherwise to the Headships sold,
of Collets in the Universities of Oxford and Cambridge as may
enable the respective Colleges, if they shall think fit, to sell, or
themselves to purchase, the Advowsons of such Benefices, and
to invest the Proceeds in proper Securities, with Provisions for
the Payment of the Interest and annual Profits thereof to the
respective Heads of the Colleges for the Time being ; and that
upon the Completion of the said Arrangements respectively the
existing Incumbents of such Benefices respectively shall be at
Uberty, upon resigning the same, to receive the Interest and
annual Profits of the Proceeds arising from such Sales respec-
tively.

LXX. And be it enacted. That so soon as conveniently may Benefice an-
be, and by the like Authority, Arrangements may be made to ^^L!^^
enable the University of Caanbridge^ if they shall so think fit, of Divinity Si
to sell the Advowsons of the Benefices annexed 'to the Regius Cambridge may
Professorship of Divinity in the said University or any of them, ** **^
and to invest the Prooe^ of any such Sale in proper Securities,
with a Provision for. the Payment of the Interest and annual
Profits thereof to the Regius Professor of Divinity for the Time
being ; and that upon the Completion of the Sale of any such
Advowson the existing Incumbent, of the Benefice shall be at
liberty, upon resigning the same, to receive such Interest and
annual Profits.

LXXI. And be it enacted. That with respect to any Benefice Sinecure Pro^
with Cure of Souls which is held together with or in the Patron- fiBrmettU may
age of the Holder of any Prebend or other Sinecure Prefisrment Bcncfiow wUh
belonging to any College in either of the Universities, or to any Cure of Souls.
private Patron, Arrangements may be made by the like Autho- ^^ Consent o£
rityj, and with the Consents of the respective Patrons, for per- J^^y% ^ •^^
manendy uniting sucli Preferment with such Benefice ; provided ^

that tliis Act shall not apply to or afiect any Prebend or other
Sinecure Preferment in the Patronage of any College or of any
Lay Patron in any otlier Manner than as is herein expressly
enacted.

LXXIL And be it enacted. That with respect to any Parish Benefices may
in which both the Profite and the Spiritual Charge are divided ^^^^^^
between Two or more Incumbents, each liaving a Mediety or ^^h consent
Portion of the Benefice, a Plan or Plans may be framed by of Patrons,
the Bishop of the Diocese, with the Consent of tlie Patron or ^^^^ •^ -^ -^^
Patrons, and so as not to prejudice the Interests of any existing
Incumbent, for constituting any of such Portions separate Bene- \

3 N 4 fices 1

eao Cap..llS. JSedenoiHeal DMis and Beoamef. 3Sc4Yicn

fices, or for consolidatu^ Two or more of sUch Portions into
One Benefice to be held by One Incumbent, or for making
such other Arrangements as he may judge likely to promote the
efficient Discharge of Pastoral Duties in such Parishes; and
any such Plan may be carried into efiect by the Authority
herein-after provided: Provided always, that nothing herein
contained shall restrain the Bishop from doing any Act or exer-
cising any Power which be may now lawfully do or exercise
without the Consent of the Patron or without the Aid of the
said Commissioners.
Pnmnons tbr LXXIIL And he it enacted, with an especial View to the
searing ^e better Care of populous Parishes, That Arrangements mfty from
Mice of Spirit^ Time to Time be made by the like Authority, for improving
Duties in ill- the Value or making a better Provision for the Spiritual Duties
endowed Pa- ^f iU-endowed Parishes or Districts, by means of such Ex-
^^^ jIl^^ZM ^'^*"'8^ ^f Advowsons, or of such other Alterations in the Exeiv
^ ^^^ y ^''^ cise of Patronage, as may be agreed upon by Patrons, with the

Consent of the Bishop in every such Case, or in the Case of

Benefices lying in more than one Diocese^ then with the Consent

of the Bishop of each Diocese^ and, where a Bishop is himself

one of the Patrons, with the Consent of the Archbishop.

Income of LXXIV. And be it enacted, That Arrangements may be

BeocScei be. made by the like Authority for the Apportionment of the In-

P»^^y be <^Kne of Two Benefices belonging to the same Patron between

apportioned in the Incumbents or Ministers of such Benefices, or the Churches

certain Cawt. qj. Cliapels Connected therewith ; provided that no such Arrange-

v.7</>^ ^^f/'^ ment shall be made with respect to Benefices in Lay Patronage

without the Consents of the respective Patrons, nor in any Case
so as to prejudice the Interests of any existing Incumbent, nor
without the Consent of the Bishop of the Diocese^ nor, in the
Case of Benefices lying in more than One Diocese, without the
Consent of the Bidiop of each Diocese, nor where a Bishop is
himself One of the Patrons, without the Consent of the Arch-
bishop also.
Saving of exist- LXXV. Provided always, and be it enacted. That nothing
ing Interests, ju jj^jg ^^^ contained respecting the Division of Corporate
.^iT^-jT/^ J^ y ^S^ Property, the Diminution of the Income of any Deanery or

Canonry, the Severance of separate Property, or the Limitation
of the Exercise of Patronage possessed in right of .separate Pro-
perty, shall afiect any Dean, Canon, Prebendary^ Dignitary, or
Officer in Possession at tlie passing of this Act, except as herein-
before expressly enacted; but every Dean, Canon, Prebendary,
Dignitary, and Officer hereafter appointed shall be subject to
suah Regulations as shall be made in pursuance of this Act ;
and that the Provisions herein contained respecting the Qualifi-
cation of Persons to be presented to any Benefice in the Patron-
age of any Chapter, or the Apportionment of the Income of
any such Benefice, shall not afiect such Chapter so long as any
Person who shall be a Member thereof at the passing of this
Act shall continue such Member; and that with respect to
Benefices in the Patronage of either of the Chapters of Saim
Paul in London and of Lincoln the Fourth or Junior Canon for

the

.1840; .:BBamdsiietd DiaU$ and Bmri^^ .GstKUS. :9B1

•the Time being «hall:not have any Yoke in the Esercise of such
Patronage so long as-any. One of the present Members of such
Chapter shall continue to be m Member thereof.

LXXVI. And be it declared and enacted. That nothing in DMlaratioii m
this Act or in the said first-recited Act contained shall be con- to 1&SW.4.
strued to prejudice or affect any of the Provisions of an Act ^t^'-y^ 4^ ^^^
passed in the Second Year of the Reign of His ]ate Majesty ^

King fVHUam the Fourth, intituled An Act to extend the Pto^
visums of an Act pasted in the Twenty'timUi Year of the Reign of
His Mcfjesty King Charles the Second^ intituled ^ An Act for coU"
^ firming and perpetuating Augmentations made by Ecclesiastical
' Persons to sniaU Vicarages arid Curacies^* and for other Purposes^
or of the Act therein recited : Provided nevertheless, that after
the passing of this Act no Augmentation made under such
Provisions, by any Bishop or by any Chapter ^hose Revenues
are affected by this Act or the said first-recited Act, shall be
valid and effectual without the Consent of the Ilcclesiastical
Commissioners for England

LXX VIL And be it enacted, That the Ecclesiastical Com- Valuation of
missioners for England shall forthwith, and from Time to Time EoclesiMfical
as they shall think necessary, cause to be amended the Valu- ^^^ ^
ation of the Revenues of the Bishopricks, Cathedrals, Collegiate
Churches, Ecclesiastical Corporations, Aggr^ate and Sole, and
Benefices in England and fValeSf which was made and estimated
^aocording to the Returns made to the Commissioners appointed
to inquire into the Revenues and Patronage of tlie Established
Church in England and fValesj and specified in the Report made
by the said . last-m^itioned Commissioners bearing Date the
Sixteenth Day of June in the Year One thousand eight hundred
and thirty^five ; and when any such amended Valuation shall be
completed, and shall have been approved by Her Majesty in
Council, the same shall be printed by Her Majesty's Printer,
and when so. printed shall be taken and held to be Evidence
of the Value of every Dignity, Office, or Benefice therein
mentioned, for aU the Purposes of this Act and of the said first-
recited Act.

LXXVIIL And be it enacted, That, in addition to the Appointment
Commissioners named in and appointed or to be appointed of additional
by or under the Provisions of the first-recited Act, the following wmop*^

Persons shall be Ecclesiastical Commissioners and Members of
the Corporation of the Ecclesiastical Commissioners for England^
for all the Purposes of the said first-recited Act and of this
Act ; that is to say, all the Bishops of Enghnul and Wales for the
Time being respectively, the Lord Chief Justice of England^
the Master of the Rolls, the Lord Chief Justice of Her Majesty's
Court of Common Pleas, the Lord Chief Baron of Her Majesty's
Court of Exchequer, the Judge of the Prerogative Court of the
Archbishop of C^nterburg, the Judge of the High Court of
Admiralty for the Time being respectively (such Chief Justices,
Master of the Rolls, Chief Baron, and Judges being respectively
Members of the United Church of England and Ireland)^ the
Deans of the Cathedral Churches of Canterbury and jSciia^ Paul I

in \

BBS C^.1IS. EoOenddicd DtOkiM^ JBmmii. 8ft4Vicr.

in Landmh and of the CbUegiate Church of SakU POer Wat-
muuter for the Time being respectively; and alao Four such
Lay Persons (beitig Members of the said United Church) as
ahaU be duly appointed by Her Majesty, and whom Her Majesty
is hereby authorized to appoint, under Her Royal Sign Manual,
to be such Commissioners ; and such other Two Lay Persons
(being Members of the said United Churdi) as shaU be duly
appointed by the Lord Archbishop of Canterbury for the Time
being, and whom the said Archbishop is hereby authorized to
appoint, under his Hand and Archiepi8eo|Md Seal, to be such
Commissioners.
How Vacancies LXXIX. And be it enacted. That when any Vacancy shall
to be filled up. Q^^iir among such Six last-mentioned Commissioners, by

Death, Resignation, or otherwise, it shall be lawful for Her

lAB]eaXjj or for the said Archbishop, as the Case may be, to

fill up such Vacancy by the Appointment of some other Lay

Person (being a Member of the said United Church) to be a

Commissioner; and the Person so appointed AaiX thereupon

become and be an Ecclesiastical Commissioner^ and a Member

t>f the Corporation of the Ekxdesiasticat Commissioners for

. England^ for all the Purposes of the said first-redted Act and of

this Act.

New Commia- LXXX. And be it enacted. That every Lay Commissioner

^te*E^dtfa- ^tppc^ii^^ by or under the Provisions of this Act shall, before

tion. acting as such Commissioner, subscribe the Declaration re^

quired of the other Lay Commissioners by the said first-recited
Act.
Commiasioiien LXXXI* And be it enacted. That so mudi of the first-
'^^]lul'^ recited Act as relates to the Removal by Her Ma}es^ of

any Commisnoner shall be and the same is hereby repealed ;

and every Commissioner appointed or to be appointed by

JName by or under the Provisions of the said fint-recited Act

or of this Act shall hold his Aj^intment as on Ecdesiastical

Commissioner, and shall be a Member of the Corporation of the

Ecclesiastical Commissioners ior Eanglandi so long as he shall

well demean himself in the Execution of his Duties as such

Commissioner*

NoHceefMeeu LXXXIL And be it enacted. That the Provisioas of the

y_^^ y first-redted Act, whereby it is required that due Notice of

"^ ^ ^vx ^very Meeting shall be given to every Commissioner, shall not

be construed to apply to any Commissioner who at the Time
«f giving Notice of any Meeting shall not be within Eaugkmd
or Waksj nor to any Commissioner who shall haiw intimated
to the Secretary that for any specified Time (aueh Time
induding the Period of hdding any Meetmg) he the said
Commissioner will not be able to attend the Meetings of the
Commissioners: Provided dways, that no Act, Matter, or
Thing ajRecting any Commissioner, being a Bishop or Dean,
or the See or Diocese or Cathedrd or Collegiate Church of
soc£ Commissions, shall be done at any Meeting whereof
due Notice shall not have been given to such Commissioner,
witliottt his Consent in Writing previously obtained.

LXXXUL And

k

if

£

il

1840. Bedmoituial IhOiei and JBwuJUiii, €*p.|ia «8S

LXXXIIL And be It enacted, Thut the Eod^rfafttied Cdm- EedeikBtieai
ttiissioners for ]Bf^land sbftU ftom Hme t» Time pretNire utid ^^^^^'^
lay before Her Majesty in Council suck Schemes as shall befimQuem"
eppe^ to the said Commitoioners to be required and to be in Coanca, tor
best adapted for carrying this Act into full Ellect, and shall in ^^^^d
such Schemes recommend and propose all such Measures as may RecommendA-
^pon further Inquiry, vhich the said OommisstonerB are hereby tiom.
^ ^authorized to make, appear to them to be necessary for limt

* Purpose : Provided always, that, previously to lajring any such

^ Scheme before Her Majesty in Council, Notice thereof shall

be given to any Corporation Aggregate or Sole affected thereby ;
^ and the Objections, if any, of such Coloration shall be laid

; before Her Majesty in Council, together with such Scheme:

^ Provided also, riiat nothing herein contained shall be construed

'^ to prevent the said Commissioners from propomng in any

I snch Scheme such Modifications or Variations as to Matters

i'> of Detail and Regulation as shall not be substantially repug-

i nant to any Provision of liiis Act or of die said last-^nentioned

e Act.

f LXXXIV. And be it etmcted, Tliat when any such Scheme Queenin Comu

J ^hall be approved by Her Majesty in Council it shall be lawful ^??*'^"^*

for Her Majesty in Council to maike an Order or Orders ratify- ryinTsdh^^
ing the same, and specifying die Time or Times when snch into efibet.
Scheme or the several Parts thereof shall take effect, and to
direct every such Order to be remtered by the Registrar of
each of the Dioceses whereof the Bishop^ or within which any
Cadiedral or Collegiate Church, I^gnitary, Chapter,^Member
of a Chapter, Officer, Incumbent, or any other Person or Body
Corporate, may or shall he in stny respect affected thereby.

LXXXV. And be it enacted, That in any Order made by Orden need
Her Majesty in Council under the Authority of this Act or of ^'y '^•^ *"
the first-recited Act it shall be sufficient to refer to the Act ^
under the Authority whereof the Order is made, and it shall
not be necessary to recite any of the Provisions of this Act or
t>f the said first-recited Act.

LXXXVL And be it enacted. That every such Order shall, Orden gaiet-
as soon as may be after the making diereof by Her Majesty in i^l^** ^^^^
CouncO, be published in the London Chutette; and so soon as
any Order in Council made under the Authority <»f this Act or
of the first-recited Act shall be do gasetted it shall in -all
respects, and as to all things dierein <sontained, have and be
of the same Force and Effect as if all and every Part thereof
were included in this Act

LXXXVIL And be it enacted, That a Copy of every CopieiorOr.
Order of Her Majesty in Council made under this Act shall be ^^^^
laid before each House of Parliament in the Month oiJtamary ment.
in every Year, if Parliament shall be then sitting, or if Pitr-
liament be not then, sit ting, within One Week after the next
Meeting thereof.

LXxXVni. And be it enacted, That die R^istrar of every Penalty for
'Diocese to whom any Order of Her Majesty in Council made N^ect of
by virtue of this Act shall be delivered shall fcMrthwith roister ^"^*'<»* |

the "

^m

Fee to Regis-
trar*

Provitions of
6&7W.4.C.77.
extended to this
Act.

Office of Trea-
surer and Se-
cretary.

Eccleaiaatieal

Jurisdictions

continued.

Cap. lia jEooUiiddical DtitieM and B$vmua, 3 & 4 Viar*

the same in the Registry of his Diocese ; and if any such Regis^^^
trar shall refuse or neglect to register any such Order he shall
for every Day during which he shall so ofiefid forfeit Twenty
Pounds, and if his Of&nce shall continue for the Space of
Three Months he shall forfeit his Office, and it shall be lawful
for the Bishop of the. Diocese to appoint a Successor thereto.

LXXXIX. And be it enacted, l*hat for such Registration as
aforesaid the Registrar shall not be entitled to receive any Fee
or Reward, but on every Search for any such Order he shall
be entitled* to receive a Fee of Three Shillings, and for every
Copy or Extract of any such Order certified by him he^ shall
be entitled to receive Four-pence for every Folio of Ninety
Words ; and the Copy of every such Entry, certified by the
Registrar, shall be admissible as Evidence in all Courts and
Places whatsoever.

XC. And be it enacted, That all the Powers and Authorities
vested in the Exsclesiastical Commissioners for England by the
firstrrecited Act with reference to the Matters therein con-
tained shall be continued, and extended and apply to the said
Commissioners, and to the Commissioners appointed by or
under the Provisions of this Act, with reference to all Mat*
ters contained in this Act, and may be used and exercised by
them as fully and effectually as if the said Powers and Autho-
rities were repeated in this Act ; and the said first-recited Act
and this Act shall be construed as if they were one and the same
Act

XCI. And be it enacted. That, notwithstanding any thing
in the first-recited Act contained, the Offices of Treasurer and
Secretary to tlie said Commissioners shall be united and shall
be one Office, and shall be held and the Duties, thereof per-
formed by the same Person ; and Charles Knight Murray Esquire,
Barrister at Law, shall continue to be Treasurer and Secretary,
and may hold the said Office so long as he shall well demean
himself therein ; and upon any Vacancy of the said Office by
Death, Resignation, or otherwise, the Ecclesiastical Coramis*
sioners for England shall appoint a Successor thereto, by an
Instrument in Writing under their Common Seal.

XCIL And be it enacted. That the temporary Provisions oS
the said first-recited Act shall continue and be in force until
the First Day of August One thousand , eight hundred and
forty-one, and if Parliament shall be then sitting until the End
of the then Session of Parliament : Provided always, that, notr-
withstanding any thing in the said first-recited Act or in this
Act contained, any Bishop or Archdeacon may hold Visitations
of the Clergy within the Limits of bis Diocese or Archdeaconry,
and at such Visitations may admit Churchwardens, receive
Presentments, and do all other Acts, Matters, and Things by
Custom appertaining to the Visitations of Bishops and Arch-
deacons in the Places assigned to their respective Jurisdiction
and Authority, under or by virtue of the Provisions of the said
first-recited Act; and any Bishop may consecrate any new
Church or Chapel or any new Burial Ground within his Diocese.

8 XCIII. And

1840.

jBcdesiastkal Duties cofid Reoenues. Cap. IIS.

935

XCIII. And be it enacted, That in the Construction of this Constmction
Act the Term " Canon'* shall be construed to mean only every jf^®^®™* .
Residentiary Member of Chapter, except the Dean, heretofore « Minor c«^
styled either Prebendary Canon, Canon Residentiary, or Resi- non.*^
dentiary; and the Term " Minor Canon ** shall be construed '^•^'^ •^
to extend to and include every Vicar, Vicar Choral, Priest
Vicar, and Senior Vicar, being a Member of the Choir in any
Cathedral or Collegiate Church.

XCIV. And be it enacted. That this Act may be amended Act may be
or repealed by any Act to be passed in the present Session of «raaided, &c
Parliament

SCHEDULE to which this Act refers.

Number

Number

Cathedral or Collegiate Chureh.

of

Cathedral or Collepaie Church.

of

Canons.

Canont.

Canterbury

6

Manchester

4

Durham

6

Norwich

4

Ely - - .

6

St. Paul's, London -

4

Westminster

6

Peterborough

4

Winchester

5

RiPON . • .

4

Exeter

5

Rochester

4

Bristol - - -

4

Salisbury

4

Carlisle

4

Wells

4

Chbsi^er

4

Windsor

4

Chichester - -

4

Worcester

4

GLOUi:K8TER

4

York

4

Hereford

4

Saint David's

2

Lichfield

4

Llandaff

2

Lincoln

4

•

(

>

INDEX

TO THE

PUBLIC GENERAL STATUTES,

3 & 4 VICTORIA.

Shewing whether they relate to the Whole or to any Part of the United

Kingdom; viz.*

£. iii^mifiei thai tie Act rdaiii to England (and Wales ; if the Subject extendi fo far.)

& - . « - Scotland.

I. - -* - - Irdand.

£• & I. * * - - England and Ireland.

G.B. - ... Great Britain.

G.B. & I. - - - Great Britain and Ireland.

. U.K. - ... The Whole of the United Kingdom.

105. I.

64. U.K.

A.

A Cap. ReUtiQg W

ixBOLITION OF Arrest on Mesne Process in Civil 1

Actions in England, further amending - 82. £.

18t2Victc.110.for
■ on Mesne Process in Civil Actions in Ireland,

except in certain Cases
Anoi^moN OF the Slave Trade, to continue 1.& 2 Vict ^

c. 102. until Eight Months after the Com-
mencement of the next Session of Parliament,

for authorizing Her Majesty to carry into

immediate Execution, by Orders in Ciouncil,

any Treaties for the - -
for carrying into effect the Treaty between Her 1

Majesty and the Republic of Venezuela for > 67. U.K.

the - - - - -J

Abuses committed by Weavers, Sewers, and others employed 1

in the Linen, Hempen, Union, Cotton, Silk, and I

Woollen Manufactures, for the more effectual Pre- j 91. L

vention of, for One Year - - - - J '

AnmNisTRATioN OF Justice in New Sooth Wales and Vanl

Diemen's Land, to continue until 31st De- I

cember 1841, and to the End of the next I „ JllC^

Session of Parliament, and to extend^ the |

Provisions of 9 Gea IV. c 83. to provide I

for ... - .J

— — — — in the Court of Chancery, for fitcilitating - 94. E» I

52. U.K.

996 INDEX TO THE PUBLIC GENERAL STATUTES,

Cap. Rdating to

Administration of the Government, proyiding for, in

case the Crown should descend to any Issue of Her

Majesty whilst such Issue shall be under Eighteen

Years of Age - - " " -.

Admiralty of England, to improve the Practice and extend

the Jurisdiction of the High Court of

to make Provision for the Judge^ Registrar, and

Marshal of the High Court of - -

Albert (Prince, of Saxe Cobuko and Gotha), an Act

for exhibiting a Bill for naturalizing His

Serene Highness - - - -

■ an Act for the Naturalization of - -

— *— — - for enabling Her Majesty to grant an Annuity

to - .* - , -

America (Unfted States of), to extend to the Bishops
and Clergy of the Protestant Episcopal Church in,
certain Provisions and Regulations in respect to the
Exercise of their Office within England and Ireland -^

Application of Monies (Transfers of Aids)

" •

65.

U.K.

66.

U.K.

1.

U.K.

2.

U.K.

3.

U.K.

38.

1

G.B.&L

4.

7.
112.
112.

U.K.
U.K.
U.K.
U.K.

31.

E.

82.

L

6. U.K.

I

Appropriation Act • - - -

Arable Fields, to extend the Powers and Provisions of the
several Acts for the Inclosure of - - ^

Arms, to continue for One Year the several Acts relating to '
the Importation and keeping of - - -

Army ; annual Act for punishing Mutiny and Desertion,

and for the better Payment of the Army and
their Quarters - - - -

————— to consolidate and amend the Laws for punish-l

ing Mutiny and Desertion of Officers and i
Soldiers in the Service of the East India I
Company; and to amend the Laws for regu* >- 37. U.K.
lating the Payment of Regimental Debts, and
the Distribution of the Effects of Officers and
Soldiers dying in Service - -
Arrest on Mesne Process in Civil Actions in England,!

for further amending the Act for abolishing • J
» ■■ ■ on Mesne Process in Civil Actions in Ireland,! |q-

for abolishing, except in certain Cases - J

Assessed Taxes, for granting to Her Majesty Duties of -

— ■' to continue Compositions for, until 5th April

1842 - - . . . -

AttoRnies, to amend the Law relating to the Admission

of, to practise in the Courts of Law and Equity in

Ireland

Attornies Clerks, annual Act for the Relief of, in certain

, Cases - - - - - -

Austria (EImperor or), to enable Her Majesty to carry
into effect certain Stipulations contiuned in a Treaty of
Commerce and Navigation between Her Majesty and

82. E.

17.

3a

1.

U.K.

E.

79. L

16. U.K.

95. U.K.

.3 & 4 VICTORIA.

989

B.

Bank of Ireland, to regulate the Repayment of certain 1
Sums advanced by the Governor and Company of the, j-
for the Public Service - - - -J

Banking Companies (Joint Stock), to continue until
31 St August 1842, and to extend, the Provisions of

1 & 2 Vict. c. 96. relating to legal Proceedings by
certain, against their own Members, and by such
Members against the Companies - -

Baptisms, for enabling Courts of Justice to admit Non-
parochial Registers as Evidence of - -

Beer, to Amend the Acts relating to the general Sale of, by
Retail - - - • -

Bills of Exchange, to continue, until 1st January 1843,

2 & 3 Vict. c. 37. for amending and extending the
Provisions of 7 Gul. IV. & I Vict. c. 80. for ex-
empting certain, from the Operation of the Laws
relating to Usury - - - -

Birmingham, for the more equal Assessment of Police
Rates in, and to make better Provision for the Police
in - - - . -

Births, for enabling Courts of Justice to admit Non-
p^ochial Registers as Evidence of - -

Bishops and Clergy. See Church (United) of England
AND Ireland.

Blenheim Palace, for repairing - . -

Bolton, for the more equal Assessment of Police Rates
in -----

Boroughs, to explain and amend 2 & 3 Vict c.28. for'

more equally assessing and. levying Watch
Rates in certain -

to make further Provision for Compensation

of Officers in, and to limit the Borough
Rate - - - . -

p (Pariiamentary), to repeal so much of 9 Ann.

c. 20. as prevents the Re-election of Mayors
of, and other annual Returning Officers
Bbttish Colonies in the West Indies, extending to, the"
Act 5 & 6 Qui. IV. for regulating the Carriage of >
Passengers in Merchant Vessels - . -

British North American Ports, preventing Ships clear-
ing, from loading any Part of their Cargo of Timber
upon Deck - - . -

Burials, for enabling Courts of Justice to admit Non-
parochial Roisters as Evidence of - -

Cap. Relating to

75. I.

III. E.

92. E.
61. E.

83. E.

30. E.

> 92. E.

43.
30.

E.
E.

2& E.

109. I.

47. E.

21. U.K.

36. U.K.

. 92. £.

I:No.6C(. PrK«2i]

30

MO INDEX TO THE PUBLIC GENERAL STATUTES,

C.

Caledonian Canal, to authorize tlie Commissioners of Her 1

Majesty's Treasury to grant a Lease of, for a Term of >

Years, and to regulate tne future Management thereof J

Canada (Uppek and Lower), to re-unite the Provinces 1

of| and for the Government of - - J

to provide for the Sale of the Clergy Reserves 1

in the Province of, and for the Distribution of J-

the Proceeds ther^f - - -y

Canals, to provide for keeping the EVace on -

Carriages ladtn with Lime wr the Improvement of Land^

to amend and explain the General Tui*npike Acts,^

so &r as relates to the Toll payable on - -

Chancery, for making Provision as to the OfEce of Master

in| in certain Cases - -

■ for facilitating the Administration of Justice in the 1

Court of - - - -^ - X

Chimney Sweepers anp Chimneys, for the better Regul^- 7

tign of • , - - - - J

Church (Unfied) of England and Ireland, to make'
certain Provisions and Regulations in respect to the
Exercise, within England and Ireland, of uieir Office,
by the Bishops and Clergy of the Protestant Episcopal
Church in Scotland ; and also to extend such Provisions
and Regulations to the Bishops and Cler^ of the
Protestant Episcopal Church in the United States of
America; and also to make further Regulations in
respect to Bishops and Clergy other than tliose of the
United Church of England and Ireland
Church Discipline, for better enforcing
Church, Temporalities of, iA Ireland,, to am^nd several
Acts relating to - - - - -

Churches, to enable Proprietors of Entailed Estates, in

Scotland to feu or lease on long Leases Poi;-
tions of the- same for building o^ and (b^
Dwelling Houses and Gardens for the Minis-
ters tliereof - -

p^i— tP further a^iend the Churcb Building Acts

Cider, to amend the Acts relating to the general Sble o^ \
by Retail • - - - - i

Clergy (Poor), to ameinf IGeo. L q. 10. for Augjoenta'^
tion of the Maintenance of, and to reinl^v valid ce<:t!ain
Agreements made in pursuance of the said Act
Clergy RssiERifEs in xha Piovinc^ of Canada, to provide for
the Sale ofj and for the Distribution of the Proceeds
thereof - - . -

Clerks to Aitornies and Solicitors, annual Aet. for
the Relief of, in certain Cases - - .

Colonies and Plantations in the West Indies, to amend 1
2 & 3 Gul. IV. c. 125, and 5 & 6 Gul. IV. c. 51. for V
the Relief of certain - - - - J

Cap.

Relating to

41.

S.

85.

U.K.

7a

U.K.

50.

E

sr.

E:

94.

E.

94.

E.

as.

U.K.

as. aB^iii.

&6. E.
101. I.

48. S.

00.
61.

E.
E.

20. E.

78. U.K.

!«. UK.

40. U.K.

3 & 4 VICTORIA.

941

Cip. Relatiqg to

V 95. U.K.

■ 113. E.

■ 87. E.

104. E.

15.

88.

109.
108.

109.
102.

93.
105.

Cm

E.

Commerce and Navkution, t6 enable Her M^yesty to
carry into effect certain Stipulations contained in a
Treaty of, between Her Majesty and the EmperOr of
Austria ; and to empower Her Majesty to declare by
Order in Council that Ports which are the most
natural and convenient Shipping Ports of States
within whose Dominions they are not situated may
in certain Cases be considered, for all Purposes of
Trade with Her Majesty's Dominions, as the National
Ports of such States - - -

Commissioners of Ecclesiastical Duties and Revenues,
to carry into effect, with certain Modifications, the
Fourth Report of - -

Commissioners of Woods, Foeesi's, Land Revenues, &c. *

enabled to make additional Thoroughfares in
the Metropolis • - - -

" — for transferring to them and other Commis-"*!

sioners the several Powers now vested in the t
Commissioners for repairing the Line of Road I
from Shrewsbury in the County of Salop f
to Bangor Ferry in the County of Car- I
narvon - - - - -J

Commutation of Tithes in England and Wales, to ex- ^

plain and amend the Acts for - -
Compositions for Assessed Taxes, to continue until

5th April 1842 -

Compositions for Tithes, amending 1 8c 2 Vict. c. 1 09. 1
to abolish, and to substitute Rent-charges in lieu [•
thereof - - - - - -

Constables (County and District) for the Establishment
of - - - . - -

CoRPCWATE Property, to continue 6 & 7 Gul. IV. c. 100. *
' to restrain the Alienation of - - -

Corporations (Municipal)^ for the Regulation of -

Cotton Manufacture, fiir the more effectual Pre-^
vention of Frauds and Abuses committed by Weavers,
Sewers, and other Persons employed in, and for the
better Payment of their Wages, for One Year, and
thence to the End of the tlien next Session of Par
liament - - - - -

Counties of Cviies^ to annex certain Parts of, to adjoining
Counties - - - -

CouitB Houses^ to amend the Law relating to

Courts of Justice enabled to admit Non-parochial Re-1

ffilters as Evidence of Births or Baptisms, > 92. E.
i>saths or Burials, and Marriages - - J

Courts (Ecclesiastical), to amend the Act for the

better R^ulation of - - - -

Creditors^ foir exten<£ng the Remedies of^ against the'
Property of Debtors - -

3 0 2

13. L

86. £.

L

L

91. L

L
L

E.
L

«42 INDEX TO THE PUBLIC GENERAL STATUTES,

Crown (The) ; to provide for the Administration of the

I Government in case the Crown should descend to any

Issue of Her Majesty whilst such Issue shall be under

the Age of Eighteen Years, and for the Care and

Guardianship of such Issue - -

Customs, for granting to Her Majesty Duties of -

for granting an additional Duty of, on Timber -

■ for granting annual Duties of, on Sugar -

Cap. Relating to

52. U.K.

17. U.K.
19. U.K.
23. U.K.

D.

Deaths, for enabling Courts of Justice to admit Non-paro-
chial Registers as Evidence of -

Debtors, for extending the Remedies of Creditors against
the Property of - - -

Debtors (Insolvent) in Ireland, to continue for One

Year tlie Acts for the Relief of -

— ^— — to continue and amend the Laws for the Relief

of

Debtors in India, to continue the several Acts relating to,
until the 1st of March 1845, and from thence to the
End of the then next Session of Parliament

Desertion from the, Army, annual Act for punishing

Draining of Land ; to enable the Owners of Settled Estates 1
to defray the Expence of draining the same by way of j-
Mortgage - - - - - -J

Dublin, for vacating any Presentment for rebuilding thel
Gaol of Newgate in, and vacating any Contract between I
the Commissioners Tor rebuilding the said Gaol and the f
Contractor - - - - -J

Dublin Metropolis District, to amend 2 & 3 Vict. c. 78.1
for making furtlier Provisions relating to the Police in I
the - - • - . .J

Dunstable Road, to amend the Liondon and Holyhead 1
Roads Acts so far as relates to the - - - J

92.

E.

105.

I.

14.

I.

107.

I.

80.

U.K.

6.

U.K.

55.

KScl.

53. I.

103. I.

104. E.

E.

East India Company ; to consolidate and amend the Laws^

for punishing Mutiny and Desertion of Offi-
cers and Soldiera in the Service of the East
India Company, and for providing for the
Observance of Discipline in the Indian Navy,
and to amend the Laws for regulating the
Payment of Regimental Debts and the Distri-
bution of the Effect of Officers and Soldiers
dying in Service

■ to regulate the Trade of Ships built and trading 1

within the Limits of the East India Compan/s >
Charter - - - - -J

37. U.K.

56. U.K.

3 & 4 VICTORIA.

EocLEsiAsncAL CouRTs, to amend the Act for the better 1

Regulatioli of - - • - J

Ecclesiastical Duties and Revenues, to carry into effect, 1

with certwn Modifications, the Fourth Report of the >

Commissioners of - * - . . J

Election of Members to serve in Parliament for Cities, \

Towns, and Boroughs, to define the Notice of - J

Entailed Estates in Scodand, to enable the Proprietors

o( to feu or lease on long Leases Portions of the same

for the building of Churches and Schools, and for

Dwelling Houses and Gardens for the Ministers and

Masters thereof ....

Evidence; to remove Doubts as to the Competency of

Persons, being rated Inhabitants of any Parish
to give Evidence in certain Cases

for the Amendment of the Law of -

Courts of Justice enabled to receive Non-parochial 1

Roisters as Evidence of Births or Baptisms, j-

Deaths or Burials, and Marriages - - J

Exchequer Bills, to authorize the Issue of, for Public

Works and Fisheries and Employment of the
Poor - . . -
raising ^11,000,000 ...

raising jg* 10,75 1,550 ...

Excise, for granting to Her Majesty Duties of -
Excise Duties, to impose the same, on Broad or Spread

Glass, that are payable upon German Sheet
Glass - -

on Soap made in Great Britain, to consolidate

and amend the Laws for collecting -

to impose, on Sugar manufactured in the United

Kingdom - - - -J

Excise Survey on Tobacco, to discontinue, and to provide 1

other Regulations in lieu thereof - - - J

943

Cap. ReUUog to

93. E.

I 13. £.

81. £.

48. S.

26.

£.

59.

S.

92.

E.

10. aB.&L

12.

106,

17.

U.K.
U.K.
U.K.

22. G.B.

49.
67.
18.

G.B.
U.K.
U.K.

F.

Felony, for the Care and Education of Infants who may 1
be convicted of - - - - - J

Fisheries, to authorize the Issue of Exchequer Bills for -

on the Coasts of the British Islands and of

France, to continue 2*& 3 Vict. c. 96. for Six
Months after the Commencement of the next
Session of Parliament, for carrying into eiTect
a Convention between Her Majesty and tlie
King of the French relative to the -

for the better Protection of the Oyster Fisheries 1

in Scotland - - - - J

30 3

90. E.
10. G.B.&I.

69. U.K.

74. S.

944

INDEX TO THE PUBUC GENERAL STATUTE^,

Cap. Rdatingio

Frauds committed by Weavers, Sewers, Rpd other Personal
employed in the Lineu, Hempen^ Union, Cotton, Silk, i
and Woollen ManuFactures^ for the more e£RdCtual Pre^ |
vention o^ for One Year -» - * ♦ J

Friendly Soci£ti£S, to explain and amend the Acts reiating 1
to--* - - • -J

Frivolous Suits at Law, for repealing Part of 43 Eliz. 1
c. 6. to avoid, and also Part of 22 & 23 Car. IL c. 9. for I
laying Impositions on Proceedings at X^aw^ and making |
further Provisions in lieu thereof " •* - |

91. L

78. G.B.&I.

24. E.

Glass ; to impose upon Broad or Spread Glass the same 1

Duties of Excise that are payable upon German Sheet j- 22. U.IL
Glass - - •* «.- •• -J

Grajumah School6» for improving the Condition and ex-
tending the Benefits of - - -

Gunpowder, to continue for One Year tlie several Acts
relating tp the Importation and keeping of ^^ -^

77.
82.

E.
I.

91. I.

H.

UnMrEN Man^tfacture, for the more effectual Prevention'
of Frauds and Abuses committed by Weavers, Sewers,
and other Persons employed in, and for the better
Payment of their Wages, for One Year, and thence to
the End of the then next Session of Parliament

Highway Raises, to authorize, for a limited Time, the
Application of a Portion of the Highway Rates
Turnpike Roads in certain Townships and Districts

Horse Racino> to repeal so much of 13 Geo. II. c. 19. asl
relates to - - - • - -j

Horses laden with Lime for the Improvement of Land,

to amend and explain the general Turnpike Acts so ^ 5L E.
far as relates to the Toll payable on -

98. E.

5. E.

L

Imprisonment for Debt, for further amending 1 & 2

Vict. c. 110. for abolishing
Inclosure of Open and Arable Fi£Lds» to extend^
the Powers and Provisions of the several Acts relating
to- - - - --

Indemnity Act, annual - - - - -

Indian Navy, providing for the Observance of Discipline in
Indies. See East India Company and West Indies.

82. E.

31. E.

16.
37.

U.K.
U.K.

8 & 4 VICTORIA.

Infants cokvicted of Felont^ for die Care sokA Education 1
of J

Inhabxtamtb. See Rated iNHABiivkNTs*
Insane Prison^irs, for making further Proviskm Sot the \
Confinement and Maintenanoe of - • . j

Insolvent Debtors in India, to continue die several 1
Acts relating to, until 1st March 1845, and thence to >
• the End of the next Session of Parliament - J

Insolvent Debtors in Ireland, to continue for One 1
Year the Acts for Relief of - " • J

■ to continue and amend the Laws for the Relief of
Isle of Man, See Man (Isle of).

B4&

Cap. Relating to

90. ^.

64. E.
80. U.K.

14.
107.

I.
I.

J-

Joint Stock Banking Companies; to continue until the'
31st Aurast 1842, and to' extend, the Provisions of
1 & 2 Viet. c. 96« relating to le^l Proceedings b.v > 1 1 L £•
certain, against .their own Members, and by sucli
Members against the Companies - ^ -

JuDOE of the High Court of Admiralty of England, to 1
make Provision for - - - - J

Justice, for &cilitating the Administration of, in the Court

of Chancery - - - - - 94.

for the better Advancement of - - 105.

Administration of, in New South Wales and Van '

Diemen's Land, to continue until 31st December
1841, and to the End of the then next Session of
Parliament, and to extend, the Provisions of 9 Gea IV.
c. 83. to provide for - - - - -

Justices within the Metropolitan Police District, for
better defining the Powers of - - -

66. U.K.

E.
L

62. U.K.

84. E.

L.

Law, to repeal Part of 43 Eli2. c. 6. to avoid trifling and
frivolous Suits in, and aUo Part of 2$ & 23
Car. II. c. 9. for laying Impositions on Proceed-
ings at Law, and to make further Provisions
in lieu thereof -----

for the farther Amendment of the - - -

LiMi^ for the Improvement of Land, to amend and explain
the general Turnpike Acts, so far as relates to the Toll
payable on Carriages laden with - - -

Linen Manufacture, for the more effectual Prevention
of Fraads and Abuses committed by Weavers, Sewers,
and other Persons employed in, and for tlie better
Payment of their Wages, lor One Year, and thence
to the End of the tlien next Session of Parliament -

30 4

24. E.

105.
5U

L
£.

91. L

946 INDEX TO THE PUBLIC GENERAL STATUTES,

Loan Societies, to amend the Laws relating to

London, to enable Her Majesty's Commissioners of Woods, '

Forests, Land Revenues, Works, and Buildings to make

additional Thoroughfares in - . - -

London and Holyhead Roads Acts, to amend, so far as

relates to the Dunstable Road ...

Cap. Rdilingto

110. £.
87. E.

104. E.

M.

Man (Isle of), to extend the Powers of the Commissioners
appointed for the Execution of 11 Geo. III. c. 52.
and 54 Geo. III. c. 143., for supporting the several
Harbours and Sea Ports'in

Manchester, for the more equal Assessment of Police Rates
in-

Marine Forces (Rotal), annual Act for the Regulation
of, while on shore - - - - -

Marriages, to provide for the Solemnization of, in the

Districts in or near which the Parties reside

■ to enable Couats of Justice to admit Non-paro-

chial Registers as Evidence of -

Marshal of the High Court of Admiralty, to make Pro-
vision for - - - - - -

Master in Chancery, for making Provision as to the
Office, of, in certain Cases - -

Mayors of Parliamentary Boroughs, to repeal so much
of 9 Ann. c. 20. as prevents the Re-election of

Members of Parliament for Cities, Towns, and Boroughs,
to define the Notice of Elections of

Merchant Vessels, for extending to the British Colonies 1
in the West Indies the Act 5 & 6 Gul. IV. c. 53. for V
regulating the Carriage of Passengers in - - J

Mesne Process in Civil Actions in England, for further

amending 1 & 2 Vict. c. 110. for abolishing
Arrest on - ^ -

in Civil Actions in Ireland, for abolishing

Arrest on, except in certain Cases -

Metropolis, Commissioners of Woods, Forests, and Land
Revenues enabled to make additional Thoroughfares
in - - - - -

Metropolitan Police District, for better defining thel
Powers of Justices within the - - - -J

Militia, annual Act for the Pay, Clothing, &c. of

to suspend until tlie End of the next Session ]

of Parliament the making of Lists and the Ballots and

-J

'.\

63. U.K.

30.

E.

a

U.K.

72.

E.

92.

E.

66.

U.K.

34.

E.

47.

E.

81.

E.

21. U.K.

82. E.

105. I.

87. E.

Enrolments for
MuNiaPAL Corporations, for the Regulation of
Mutiny Act, annual -----
Mutiny and Desertion in the East Indies, consolidating 1

and amending the Laws for punishing - - J

84.

E.

70.

U.K.

71.

U.K.

108.
6.

I.
U.K.

37. U.K.

38c 4 VICTORIA-

947

N.

Navigable Rivers, to provide for keeping the Peace on -

Navy (Indian)^ to consolidate and amend the Laws for*"
providing for the Observance of Discipline in

New South Wales, to continue until 31 st December 1841,
and to the End of the then next Session of Parliament,
and to extend, the Provisions of 9 Geo. IV. c. 83. to
provide for the Administration of Justice in, and for
the more effectual Government thereof

Newgate, Gaol of. See Dublin.

37. U.K.

Ckp.

50.

Relating to

62. U.K.

O.

Offices and Employments, annual Indemnity Act for

Persons neglecting to qualify for
Open Fields, to extend the Powers and Provisions of the

several Acts for the Inclosure of - -

Owners of Settled Estates enabled to deiray the £x-

pences of draining the same by way of Mortgage
Oyster Fisheries in Scotland, for the better Protection of

:}

•

16.

U.K.

31.

E.

55.

E.&I.

74.

S.

9, U.K.

2i; tJ.K.

P.

Parish ; to remove Doubts as to the Competency of Persons 1

being rated Inhabitants of any Parish to give Evidence > 26. E.
in certain Cases - - - - - J

Parliamentary Boroughs. && Boroughs (Parliamentary).

Parliamentary Papers, to give summary Protection t6
Persons emploved in the Publication of -

Passengers in Merchant Vessels, for extending
5 & 6 Gul. IV. c. 53. for regulating the CaiTiage o^
to the British Colonies in the West Indies

PiLoi^; to enable Her Majesty in Council to authorize "1
Ships and Vessels belonging to Countries having I
Treaties of Reciprocity with Uie United Kingdom, to I
be piloted, in certain Cases, without having a licensed ^
Pilot on board, and also to regulate the Mode in
which Pilot Boats shall be painted and distinguished

Poddle (River), in the County and City of Dublin, to 1
amend the Acts relating to - - ~ " J

Police District (Metropolitan), for better defining the

Powers of Justices within the -

— (Dublin), to amend 2 & 3 Vict. c. 78. for

making further Provisions relating to the

Police Rates in Manchester, Birmingham, and Bolton, for '
the more equal Assessment of, and to make better
Provision for the Police in Birmingham, for One
Year . . - - -

68. U.K.

58.
84.
103.

!

I.

E.

I.

30. £.

TTV

948 INDEX TO THE PUBUO GENERAL STATUTES,

P00R9 to authorize the Issue of Exdiequer Bills for the

Employment of the - -

—— to exempt, until 31st December 1841, Inhabi-
tants of Parishes, Townships, and Villages
from Liability to be rated as such in isespect
of Stock in Trade or other Property, to the
Relief of the - - - -

Poor Clesgy, to amend 1 Geo. I. c 10. for Augmentation
of the Maintenance of, and to render vsuid certain
Agreements made in pursuance of the said Act

Poor Law Commission, to continue, until dlst December
1841

Poor Persons bom in Scotland and Ireland, and charg
able to Parishes in England, to oontinue, to Ist Angus
184a, 3 & 4 Gul. IV. c. 40. and 7 Gul. IV. & 1 Vict
€. 10. relaiting to the Removal of

Population, for taking an Account of, in Great Britain '•

, for taking an Aeooimt of, in Ireland

Postage, for the R^ulation of the Duties of

Prisoners (Insane), fer making furth^ ~

Confinememt and Maintenance of - - -

Prisons, to amend 2^3 Vict, c 56. for the better
ordering of - - - - -

to amend 7 Geo. IV. c. 74. for consolidating

and amending the Laws relating to - -

Promissory Notes, to continue, until 1st January 1843,
2 & 3 Vict. c. 37. for amending and extending the
Provisions of 7 Gul. IV. & 1 Vict. c. 80. for exempting
certain, from the Operation of the Laws relating to
Usury - - - - - -

Protestant Episcopal Church in Scotland and in the
United States of America, to make cei*tain Provisions
and Regulations in respect to the Exercise of their
Office by the Bishops and Clergy o^ within England
and Ireland - - - - -

Public Service, to regulate tlie. Repayment of Sums
advanced by the Governor and Company of the Bank
of Ireland for the - - - . - -

Public Works, to authorize the Issue of Exchequer Bills for

for the'

Cap. Rdatiogt*

10. G.B.&L

80. £.

20* £.

42. E.

27. G.B.&L

09« O.B.

100. I.

54. E.

25. E.

44. I.

:83. E.

33. G.I3.&I.

75. L

10. G.B.&I.

8. U.K.

Q.

The Queen; for enabling Her Majesty to grant an"!

• Annuity ito fiiis Serene Highness Prince V

Albert of Saxe Coburg and Grodia - - J

to provide for the Administration of the Govern-
ment in case the Crown should descend to any
Issue of Her Majesty whilst such Issue shall be >• 52. U.K.
under the Age of Eighteen Years, and for
the Care and Guardianship of such Issue

Queen Anne's Bounty, amending 1 Geo. I. c. 10. relating to 20. E.

3 & 4 VICTOBIA.

948

/

R.

Railways, for regulating ...

Raided Inh^itants of any Parish» to remove Doubts as 1
to the Competency o^ to give Evidence in certain >
Cases - - • - - - -J

Keoisters (Non-Pabochial), for enabling Courts of Justice
to admit, as Evidence of Births or Baptisms, Deaths or
Burials, and Marriages ....

Registrar of the High Court of Admiralty, making Pro-
vision for - - - - - -

Reaioval of poor Persons bom in Scotland and Ireland,
and chargeable to Parishes in England, continuing .
Acts relating to the - -

Rent-charges, to amend 1 & 2 Vict. c. 109. for abolishing
Compositions for Tithes, and to substitute Rent
charges in lieu thereof - . -

Returning Officers of Parliamentary Boroughs, to
repeal so raueh of 9 Ana. c 80. as prevents tbe
Ke-electioo of - - - - -

Revenue, Application and Appropriation of - -

Roscommon (County of), to empower the Lord Lieutenant
of Ireland to annex certain Townlands to - -

L

Cap. XUIatingto

97. G.B.&L
*26; E.

92. E.

66. U.K.

27. aB.&L

la L

47. E.

4.

7.

112.

U.K.
U.K.
U.K,

. 76. L

s.

Schools, to enable the Proprietors of Entailed Estates in 1
Scotland to feu or lease on long Leases Portions of f
the same for the building of, and for Dwelling Houses |
and Gardens for the Masters thereof - - -J

Seaton (Right Hon. John Lord), to settle an Annuity on,
and on the Two next Heirs to whom the Title shall
descend ------

Seti^led Estates, to enable the Owners of, to defray the
Expence of draining by way of Mortgage

Sewers employed in the Linen, Hempen, Union, Cotton,^
Silk, and Woollen Manufiustures, for the more efiPec-
tual Prevention of Frauds and Abuses committed by,
and for the better Payment of their Wages, for One
Year, and thenoe to the End of the then neact Session
of Parliament • - - - -

Ships and Vessels belonging to Countries hating Treatws
of Reciprocity with the United Kingdom, to enable
Her Majeity in Council to authorise, to be piloted,
in certaii^ Cases, withoiit having a licensed Pilot on
board - - • . •

See abo TiiiBER Ships.

48. S.

n. U.K.

55. E.&I.

. 91. I.

68. U.K.

950 INDEX TO THE PUBLIC GENERAL STATUTES,

Ctp. Relating to

104. K

. 91. I.

64. U.K.

Shrewsbury, to transfer to the Commissioners of Herl
Majest/s Woods and Works and other Commissioners I
the several Powers now vested in the Commissioners |
for repairing the Line of Road from, to Bangor Ferry J
Silk Manufacture, for the more effectual Prevention'
of Frauds and Abuses committed by Weavers, Sewers,
and other Persons employed in, and for the better
Payment of their Wages, for One Year, and thence
to the End of the then next Session of Parliament
Slave Trade ; to continue 1 & 2 Vict c. 102. until Eight '

Months after the Commencement of the next
Session of Parliament^ for authorizing Her
Majesty to carry into immediate Execution,
by Orders in Council, any Treaties for the
Suppression of the
■ for carrying into effect the Treaty between Her 1

Majesty and the Republic of Venezuela for > 76. U.K.
the Suppression of the - - - J

Soap Duties. See Excise Duties.

Solicitors, annual Act for the Relief of Clerks to, in certain 1
Cases - - - - - -J

to amend the Law relating to the Admission 1

of, to practise in the Courts of Law and Equity > 79. I.
' in Ireland - - - - - J

South Wales. See New South Wales.
Stock in Trade, Inhabitants of Parishes, Townships, and 1
Villages exempted from being rated in respect of, to >
the Relief of the Poor, until the 31st December 1841 J
Sugar imported, annual Duties on - - -

— ^-^ manufactured in the United Kingdom, to impose 1
Duties of Excise on - - - - J

Suits, frivolous and vexatious. See Law.

Supplies, Application and Appropriation of

16. U.K.

89. E.

23. U.K.
67. U.K-

T.

Taxes (Assessed), to continue Compositions for, until the 1 o^

5th April 1842 - - - -J '^^^

for granting to Her Majesty Duties of - 17.

Temporalities of the Church in Ireland, to amend 1 ,q«
several Acts relating to - - - - *

Timber, for granting to Her Majesty an additional Duty of
Customs on . . -

Timber Ships, for preventing Ships, clearing out from a
British North American Port, loading any Part of
their Cargo of Timber upon Deck

Tithes, to amend 1 & 2 Vict c. 109. for abolishing Com-
positions for, and to substitute Rent-charges in lieu
tliereof - - - ^ -

U.K.
U.K.
U.K.

E.

U.K.

L

19. U.K.
36. U.K.

la L

• i

3 & 4 VICTORIA.

951

Cip. Relating to

15. £.

la U.K.

56. U.K:

51. £.

T1THE89 to explain and amend the Acts for the Com-
mutation of, in England and Wales
Tobacco, to discontinue the Excise Survey on, and to*
provide other Regulations in lieu thereof - - J

Trade of Ships built and trading within the Limits ofl •
the East India Company's Charter, to regulate - J •

Turnpike Acts (General), to amend and explain, so

&r as relates to the Toll payable on Carriages
or Horses laden with Lime for the Improve-
m^it of Land - - . -

(Local) for Great Britain, to continue, until 1st I

June 1842^ or the End of the then next I

Session of Parliament, the Acts which ex- > 45. G.B.

{Are with this or the ensuing Session of Par- I
lament - - - -J
for Ireland, to continue the several Actsl

for regulating, for One Year, and thence- I

forth until the End of the then next Session |

of Parliament - - - -J

Turnpike Roads, to authorize Trustees or Commissioners 1

of, to appoint Meetings for executing their J- 39. E.

Trusts in certain Cases - - - J
to authorize, for a limited Time, the Application

of a Portion of the Highway Rates to, in

certain Townships and Districts

46. L

98. E.

U.

Union Manufacture. See Silk Manufacture.

Usury, to continue, until Ist January 1843, 2 &3 Vict,
c. 37. for amending and extending the Provisions of
7 Gul. IV. & 1 Vict. c. 80. for exempting certain
Bills of Exchange and Promissory Notes from the
Operation of the Laws relating to -

83. £.

V.

VAcaNATioN, to extend the Practice of - -

Van DiEMEifs Land, to continue until the Slst December'
1841, and to the End of the then next Session of
Parliament, and to extend, the Provisions of 9 Geo. IV.
c 83. to provide for the Administration of Justice in,
and for the more effectual Government thereof
Venezuela, for carrying into effect the Treaty between
Her Majesty and the Republic of, for the Suppression
of the Slave Trade - - - - -

29. E. & I.

62. U.K.

67. U.K.

962 INDEX TO THE PUBLIC GENERAL STATUTES.

W.

Ci^. RcUftiag t0

Watch Rauss, to explain and amend 2 & 3 Vict, c. 28. 1

for more equally assessing and levying^ ia certain > 28. £.
Boroughs - - - - -J

Weavers, for the more effectual Prevention of Frauds and '\
Abuses committed by, in the Linen, Hempen, Union, I
Cotton, Silk, and Woollen Manu&ctures, and for the I
better Payment of their Wages, for One Year, and f
thence to the End of the then next Sesuon of Parlia* I

91. I.

ment

21. U.K.

40, U.K.

87. K

West Indies, extending 5 & 6 GuL IV. c. 58. to the British 1

Colonies in, for regulating the Carriage of I
Passengers in Merchant Vessels - - J

to amend 2 & 3 Gul.lV. c. 125. and 5 & 6|

GuL IV. c. 51. for the Belief of certain of I
Her Majesty's Colonies and Plantations in

Woods, Forests, Land Revenues, &c., Commissioners

of,, enabled to make additional Thoroughfares
in the Metropolis - -'

to transfer to them and other Commissioners die")

several Powers now veated in the Commis- 1
sioners far repairing the Line of Rdad from |
Shrewsbury in the County of Salop to Bangor y 104. £.
Ferry in the County of Carnarvon ; and to
amend the London and Holyhead Roads Acts,
so far as relates to the Dunstable Road

Woollen Manufacture, for the more effectual Prevention
of Frauds and Abuses committed by Weavers, Sewers,
and other Persons employed in, and fos the better i- 91. I.
Payment of their Wages, lor One Year, and thence
to the End of the then next Session of Parliament

WoRKS^ Public. See Pubuc Works.

LONDON : Printed by George £. Eyre and Andrew Spotti^woode,
Printers to the Queen's most Excellent Majesty. 1840.

5

^

3 bios Ota 171 113